Legal Opinion · Dissent

Communications Workers of America, Local 3170 v. City of Gainesville

District Court of Appeal of Florida

Decided June 17, 1997Published

1DissentDavis, Judge

Believing that PERC correctly determined that it lacked jurisdiction to determine whether the incorporation into the parties’ collective bargaining agreement of the City’s proposed drug testing program would violate constitutional or statutory rights of the employees, I respectfully dissent. The Communications Workers of America, Local 3170, filed four separate unfair labor practice charges against the City of Gainesville, and the City filed one such charge against the Union, all stemming from collective bargaining efforts in 1995. The disputed issue was the incorporation of a drug testing…

2Cases cited12 opinions

  1. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  2. Thunder Basin Coal Co. v. ReichSupreme Court of the United States · 1994
  3. Key Haven Associated Enterprises, Inc. v. Bd. of Trustees of Internal Imp. Trust FundSupreme Court of Florida · 1982
  4. Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc.Supreme Court of Florida · 1978
  5. Massieu v. RenoCourt of Appeals for the Third Circuit · 1996

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