Legal Opinion · Dissent
Koren v. School District of Miami-Dade County
District Court of Appeal of Florida
Decided October 27, 2010No. Nos. 3D09-1932, 3D09-1897Published
1DissentCope, J.
Respectfully, the Public Employee Relations Commission (“PERC”) and the majority opinion have applied incorrect legal standards to this case.
This is an appeal from orders which dismiss an unfair labor practice (“ULP”) charge which a teacher, Justin Koren, filed against the School District of Miami-Dade County. The theory of the dismissal is that Mr. Koren failed to state a cognizable claim. This is the labor law equivalent of an order dismissing a complaint. In reality the teacher’s filings do state a cognizable claim and PERC erred in entering the dismissal order.
I
Mr. Koren was a teacher at…
2Cases cited9 opinions
- Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
- Gertie Simmons and Thomas Baker v. Camden County Board of EducationCourt of Appeals for the Eleventh Circuit · 1985
- Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.District Court of Appeal of Florida · 1977
- Graham v. State of Fla., Dept. of CorrectionsDistrict Court, M.D. Florida · 1998
- Cagle v. St. Johns County School DistrictDistrict Court of Appeal of Florida · 2006
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