final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County No.
13-21908, Bronwyn C. Miller, Judge.
& Leach, P.L. and Martin E. Leach, for appellants.
Wein; Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and
William R. Radford, for appellees.
SUAREZ, LAGOA, and SCALES, JJ.
Appellants seek to reverse an order denying their
motions to intervene in the lawsuit between the City of
Hialeah [the "City"] and the AFL-CIO Union
["Union"]. We affirm, as the intervention requested
would have impermissibly interjected new issues into this
already protracted litigation.
2009, the City and the Union began negotiating a new
Collective Bargaining Agreement ["CBA"] to succeed
their existing CBA set to expire on September 30, 2009. The
City was in the midst of an economic crisis and expected a
serious budgetary shortfall during the fiscal year 2009-2010.
As a result, it sought concessions from the Union. The Union
resisted. After several unsuccessful negotiating sessions
with the Union, the City declared an impasse in December 2009
and, as required, notified the Florida Public Employees
Relations Commission ["PERC"] of the impasse. The
parties continued to engage in negotiations unsuccessfully.
2010, a special magistrate selected by the parties, Thomas
Terrill, conducted an impasse hearing pursuant to the Public
Employees Relations Act. Special Magistrate Terrill concluded
that the City proved by clear and convincing evidence that
the City was suffering a severe budgetary shortfall and
recommended the City be awarded economic concessions. Special
Magistrate Terrill released his Recommended Decision on June
18, 2010. On July 13, 2010, without waiting for the impasse
proceedings to conclude, the City implemented an impasse
resolution that resulted in an approximately 30% cut to its
employees' wages, in addition to a sharp increase in the
City-provided health insurance plan costs, among other
things. The record indicates that the City engaged in the
reduction in wages and benefits from July 13, 2010 through
March 4, 2011. It is important to note that during that time
period, the Appellants were active City employees and Union
members directly affected by the City's actions. The
Union interpreted the City's actions to be in violation
of section 447.403, Florida Statutes (2010), and to be a
violation of the Union's right to collectively bargain on
its members' behalf. As a result, the Union filed an
unfair labor practice claim with the PERC against the City
for violation of section 447.501(1)(a) and (c) and alleged
the City unilaterally altered the terms and conditions of the
bargaining unit's members before the impasse procedures
PERC agreed with the Union, and on March 4, 2011, entered a
Final Order incorporating Special Magistrate Terrill's
Recommended Decision and found that the City engaged in an
unfair labor practice in violation of sections 447.501(1)(a)
and (c), and ordered the City to do the following:
• Rescind the Impasse Resolution action taken by the
City Council on July 13, 2010;
• Conduct a legislative body hearing in a manner
consistent with the requirements of Section 447.403, Florida
• Post immediately for sixty days in conspicuous
locations where notices to bargaining unit employees are
customarily posted, copies of the notice to employees which
states that the City will cease the conduct set forth in
paragraph one above and ...