PERC counsel finds sufficient cause Department of Juvenile Justice broke law in laying off 680 workers in Career Service

In response to an unfair labor practice charge filed by AFSCME Florida Council 79, the general counsel of the Public Employee Relations Commission has issued a notice that sufficient evidence exists to find that the state Departments of Juvenile Justice and Management Services violated the law in laying off 680 DJJ employees in December 2001 and January 2002.

The notice of sufficiency means that PERC will schedule an evidentiary hearing within 30 days. If the layoffs broke the law, then the 680 employees would be entitled to reinstatement, back pay and attorney's fees.

"We call upon Secretaries Bankhead and Henderson to put the people back to work immediately and to negotiate a settlement with AFSCME that provides justice and relief to these workers," said AFSCME Council 79 President Jeanette D. Wynn. "This is just the first of the layoffs that have occurred under the Service Worst scheme. This union is prepared to take on every single agency if necessary to make sure government doesn't run amok."

The AFSCME charges (attached to this release) contend that DJJ ignored existing layoff rules, the law and the state's Master Contract with AFSCME. The department admits that it dreamed up its own merit checklist that unbelievably included race, sex and disability as criteria. The department based their checklist upon the "DMS Managing Change Layoff Guide," in so doing investing the bureaucratic report with the force of law.

"Secretary Bankhead should remember his rightful opposition as a senator to unauthorized lawmaking by bureaucrats," President Wynn said.
DJJ also failed to advise workers of their appeal rights or even which statute or rule provided authority for the layoffs.

"The department has refused to bargain in good faith and has dismissed employees without good cause and without even the right to be heard," said President Wynn. "They ignored the law and the rules that were in place."

In January, Leon County Circuit Judge Nikki Clark agreed that laid off employees were improperly denied hearings, but ruled that Public Employee Relations Commission, not circuit court, is the proper place for AFSCME to contest layoffs.

Read full text of charges filed against DJJ and DMS