The Florida Supreme Court recently ruled that deputy clerks are public employees and have the right to collective bargaining. This decision could have a big impact on thousands of employees of constitutional officers in Florida, including deputy sheriffs. This ruling is similar to a previous case, Murphy v. Mack, where deputy sheriffs also fought for collective bargaining rights. The court ruled that sheriffs are considered public employers, but deputy sheriffs are not public employees under the law. This means they don’t have the same rights as other public employees, and only the legislature can change this. This decision was upheld in a later case as well. The Florida Supreme Court ruled that deputy sheriffs don’t have the right to bargain collectively like other law enforcement officers. The court said this was based on the historical status of deputy sheriffs and that their classification as non-employees was not arbitrary. A federal court also rejected the deputy sheriffs’ claims under the U.S. and Florida constitutions. The courts have extended the ruling in Murphy to include deputies of other constitutional officers, such as deputy clerks and appointed deputies of property appraisers. However, when Patricia O’Brian was fired from her job as a clerk VI by the clerk of the circuit court in Orange County, she claimed it was because of her involvement with a union. On appeal, the Fifth District Court of Appeal agreed with the decision, but also suggested that the Supreme Court might want to consider the case as one of great public importance. The Florida Supreme Court said that deputy clerks are considered public employees and have the right to join a union and bargain for better working conditions. They disagreed with a previous case that said deputy clerks should not be considered public employees. However, they also did not change that ruling for deputy clerks. The law enforcement unions are trying to represent deputy sheriffs for collective bargaining, but the sheriff for Brevard County is challenging their jurisdiction. The unions and PERC believe that the Florida Supreme Court’s decision in a different case means that deputy sheriffs can now have the right to collectively bargain, but the sheriff disagrees. The final outcome is still uncertain, and it will depend on further legal proceedings. This article is from the Labor and Employment Law Section, and it’s about the rules lawyers have to follow in Florida. The rules are meant to make sure lawyers act responsibly, serve the public, and improve how the law works.
Source: https://www.floridabar.org/the-florida-bar-journal/deputy-court-clerks-can-now-collectively-bargain-whos-next/
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