Antonio Major v. Sheriff of Monroe County

Summary

The Florida Third District Court of Appeal affirmed the Public Employees Relations Commission’s summary dismissal of Antonio Major’s unfair labor practice charge against the Sheriff of Monroe County. The court held that the charge was legally insufficient because it failed to satisfy statutory and regulatory requirements for sworn statements and documentary evidence establishing a prima facie violation.

Holdings

1. PERC properly summarily dismissed the charge because it was legally insufficient.
2. An unfair labor practice charge must be supported by sworn statements and, where applicable, documentary evidence sufficient to establish a prima facie violation; a charge that does not meet that threshold may be summarily dismissed.

Questions Presented

1. Whether PERC properly summarily dismissed Major's unfair labor practice charge as legally insufficient under section 447.503, Florida Statutes.
2. Whether an unfair labor practice charge must be supported by sworn statements and, where applicable, documentary evidence sufficient to establish a prima facie violation.

Disposition

affirmed