Legal Opinion

School Board of Polk County v. Polk Education Ass'n

District Court of Appeal of Florida

Decided December 30, 1985No. BA-265PublishedCited by 2 opinions

1Opinion of the Court

WENTWORTH, Judge.

The School Board of Polk County appeals a Public Employees Relations Commission (PERC) final order adopting a hearing officer’s recommendations against exclusion of four employees from a bargaining unit. The unit contained 339 clerical employees, 119 of which were excluded by PERC as confidential employees under the statute, infra, using a carefully defined labor nexus test. We affirm.

The Board urges reversal and exclusion of four additional employees, contending that § 447.203(5), Florida Statutes, compels exclusion of the four area superintendents’ personal secretaries in…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. National Labor Relations Board v. Hendricks County Rural Electric Membership Corp.Supreme Court of the United States · 1981
  2. Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.District Court of Appeal of Florida · 1977
  3. STATE DEPT. OF HEALTH AND REHABILITATIVE SERV. v. Framat Realty, Inc.District Court of Appeal of Florida · 1981
  4. City of Tallahassee v. Pub. Emp. Rel. Com.Supreme Court of Florida · 1981
  5. Hendricks County Rural Electric Membership Corporation v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1980

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3Cited by2 opinions

  1. Manatee Education Ass'n, FEA, AFT (Local 3821) v. School Board of Manatee CountyDistrict Court of Appeal of Florida · 2011
  2. Harwood Union High School District v. Harwood Education Ass'nSupreme Court of Vermont · 2001

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