Res 26-75 RESOLUTION NO. 26-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, TO THE STATE OF FLORIDA
LEGISLATURE PROTESTING THE EXPENSE, DELAY AND
DIFFICULTY INVOLVED IN ESTABLISHING A LOCAL
PUBLIC EMPLOYEES RELATIONS COMMISSION AND LOCAL
OPTION LABOR LAW PURSUANT TO FLORIDA STATUTE
447.022.
WHEREAS, the State of Florida Legislature enacted Florida Statute 447
implementing the right of public employees to bargain collectively under
Florida Constitution Article I, Section 6; and,
WHEREAS, in the enactment of said law the Legislature granted local
governmental bodies the right to establish a local Public Employees Relations
Commission and a local labor law ordinance; and,
WHEREAS, the State Public Employees Relations Commission was given the
authority to approve a local option ordinance if it was substantially equiva-
lent to the provisions and procedures set forth in Florida Statute 447; and,
WHEREAS, the City of Delray Beach, Florida, has applied to the State
Public Employees Relations Commission for the aforesaid approval of a local
option ordinance, having expended considerable time, effort, and taxpayers'
funds pursuant thereto; and,
WHEREAS, the City of Delray Beach, Florida, has been hindered and
delayed in establishing the local option ordinance by the unwarranted and
with reference to local option ordinances adoption generally, and regarding
D. elray Beach's local option ordinance specifically,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
1. That the City of Delray Beach, Florida, strongly endorses the
philosophy underlying the local option provision of Florida Statute 447.022.
2. That the city of Delray Beach, Florida, strongly protests that
A. The State P~blic Employees Relations Commission, set up by
the Legislature to accomplish this .purpose, has in actual
practice and fact, obstructed the establishment of local Public
Employees Relations Commissions~ and labor law ordinances.
B. The State Public Employees Relations Commission has been
unable to expedite decisions relating to local options.
C. The State Public Employees Relations Commission has estab-
lished unreasonable and arbitrary rules in excess of the authori-
ty granted to it by the Legislature.
D. The State Public Employees Relations Commission has permitted
labor unions to intervene in pending local option applications
without regard to any showing of interest on behalf of the union
that they are organizing or intending to organize the employees
of. the particular local oPtion applicant.
E. The State Public Employees Relations Commission has issued
oral rulings during hearings and when the written order is
published, it is at variance with the oral ruling previously
g iven.
3. That the City of Delray Beach, ~lorida, strongly protests the
actions of the State Public Employees Relations Commission which havr: caused
unnecessary expenditures of time and public monies to establish that which
the State of Florida Legislature has determined local governmental bodies
are entitled to as a matter of right.
4. That the City of Delray Beach, Florida, respectfully and earn-
estly requests the State of Florida to take immediate action to remove the
aforesaid obstructions and to allow the implementation of the policy
originally established in Florida Statute 447.022 relating to local options.
5. That copies be distributed to:
Honorable Governor Reubin Askew,
Senator Dempsey Barron, President of the Senate,
Representative Donald Tucker, Speaker of the House,
Senator Phil Lewis, Chairman of the Joint Administrative
Procedures Committee, and
Members of the Palm Beach County Legislative Delegation.
PASSED AND ADOPTED in regular session on this the 28th day of April,
1975.
ATTEST:
City Clerk
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