FIRST DCA REAFFIRMS STATE WORKER
RIGHTS IN AFSCME MASTER CONTRACT

Oct. 24
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Read the court's decision
This is a major win for state employees represented by AFSCME. The most significant part of the decision for AFSCME is the Court's reversal of Circuit Judge Kevin Davey's finding that the Governor could forcibly impose contract language on state employees through the General Appropriations Act. Nearly 70,000 state employees are covered by the AFSCME Master Contract.

“We believe it’s time for Governor Bush to call off the war on his employees,” said AFSCME Florida Council 79 President Jeanette D. Wynn. “Service First is an unnecessary and expensive administrative scheme that puts public servants in a hostile environment during a time of financial crisis when we should all be pulling together.”

The 1st DCA ruled that the General Appropriations Act could contain no provision on any other substantive matters, specifically stating that the Governor's last contract proposals represented a modification of the State Master Contract. The court agreed with AFSCME that neither the Governor's last offer nor the proviso language of the GAA is related to any specific appropriation and therefore violates the Florida constitution. The Court's opinion has the effect of re-enforcing the status quo contract.

“This decision reaffirms that AFSCME members continue to enjoy their State Master Contract rights relating to discipline, discharge, leave and layoffs,” said President Wynn. “We urge the Governor to respect the Court's decision in this matter. Denying employees their hard-won contract rights is expensive and ultimately futile.”

The DCA's opinion provides an opportunity to resolve these matters in a deliberative, professional manner. AFSCME welcomes this opportunity and will place a proposal before the Legislature to adopt an effective impasse procedure that will allow legislators to participate meaningfully in resolving contract issues at impasse. It is our position that the Legislature can adopt a process that respects the purview of the executive branch and the rights of the employees, while keeping the best interests of the citizens served by state of Florida paramount.

AFSCME stands ready to return to the negotiating table with the Governor, and looks forward to working with our friends and allies at the legislature to develop a meaningful impasse resolution procedure.

SERVICE FIRST APPEALS FILED

Aug. 13
Thank you for allowing AFSCME Florida Council 79 “The Voice of Florida’s Public Employees” to be your champion in winning back the rights, privileges and dignity that all Career Service employees should enjoy.

We have mailed copies of the petitions that Florida’s best public employee lawyers filed on your behalf with your agency, appealing the agency’s unlawful transfer of your position into the “at will” status of the Selected Exempt Service and, in many tragic cases, the unjust termination of the position after the reclassification.

Because the law allows you to appoint a qualified representative in administrative appeals, the petition did not require your signature for filing. The petition states that the agency should contact your representative. However, should you receive any direct communications from the agency about this matter, please advise AFSCME immediately by phone at (800) 541-0584; fax (850) 224-2961; or by e-mail afscmefl@aol.com.

Supported by your dues-paying brothers and sisters in AFSCME, we will continue to represent you throughout the process as we do every day in the Legislature and in the courts, including the two years it took to win this legal victory. Please feel free to contact my staff should you have questions. If you have Internet access, check this website for updates.

In Solidarity,

Jeanette D. Wynn
President
AFSCME Florida Council 79

Answers to Frequently Asked Questions About Service Worst Appeals

Great coverage of SES Appeals in the Tallahassee Democrat

AFSCME WINS COURT RULING AGAINST
SERVICE WORST' TRANSFERS TO SES

JULY 18 — The 1st District Court of Appeals has dealt a serious blow to a major provision of the "Service Worst" initiative. In a unanimous decision, the Court ruled that the administration had violated the rights of 16,300 Career Service employees by unilaterally moving them to the Select Exempt Service (SES) without proving that these employees should lose their permanent employment status under Career Service.

AFSCME Florida Council 79 President Jeanette D. Wynn celebrated the court victory:

"The Court's decision is a clear set back to the administration's attempt to make all state employees at will. The Court ruled that the administration violated the law in transferring Career Service workers to Select Exempt without affording them appeal rights that all Floridians enjoy. Just as we have defended their rights in court, now we will assist these employees in challenging their transfers and rejoining the Career Service."

BACKGROUND — The case was brought by AFSCME outside counsel Ben Patterson and Jerry Traynham on behalf of five Career Service employees who were fired without cause or due process after being moved to SES. AFSCME Council 79 supported this lawsuit and will continue fight for the rights of all of our bargaining unit members. We will not stand for ill-considered action by this or any administration that tramples upon the rights of Florida's hard working public employees.

CAUTION — With the issuance of this decision, we anticipate that management in each department will try to discourage employees from filing appeals to determine whether they were correctly moved into the SES. These scare tactics may include statements about having to pay for the state employee health insurance or having to repay the health insurance premiums benefits the state paid during their time as SES employees. Tell these employees not to be alarmed. Although it is true that Career Service employees have to pay for their health insurance, these employees have job protection that SES employees do not have. Remember, this case was brought on behalf of Career Service employees who were fired without cause as SES employees.

Also, you should let employees know that the Legislature has already passed legislation making it easier for the State Group Insurance office to charge SES employees for their health insurance. In addition, AFSCME will fight any attempts to retroactively recover health insurance premiums paid by its bargaining unit members. It's our attorneys' opinion that it is highly unlikely that any court would allow the administration to charge employees for its own mistake.

TAKE ACTION — Please encourage as many former Career Service employees, including those who were terminated after being moved to SES to file an appeal to protect their rights. Interested employees may contact AFSCME Council 79 at (800) 541-0584 or (850)222-0842 for assistance.

The court's decision is a clear set back to the administration's Service First plan to destroy the Career Service and make all state employees at will. It is a reason to celebrate and to remain vigilant in the fight against anti-worker schemes. Thank you for your continued support. In the meantime, please feel free to contact Special Counsel Alma R. Gonzalez or Communications Director Doug Martin in the Tallahassee office with any questions or comments.

• Download printable flier about decision
• Read the Court's decision
• Read our initial legal brief
• Read our reply legal brief

Read a summary of the Service First legislation
Read the original lawsuit
Read the Service First report of an independent special master
Look up how legislators voted on Service First: Senate and House

Archived Service First material