Citations
- 742 So. 2d 380
Full opinion text
PER CURIAM.
This cause is before us on appeal and cross-appeal from a final order of the Public Employees Relations Commission (PERC). We affirm the cross-appeal without comment. On appeal, Amalgamated Transit Union Local 1593, Appellant, challenges PERC’s decision that public employers do not have to collectively bargain over the right to subcontract. Finding no error in PERC’s decision, we affirm.
Appellant relies on the private sector model found in Fibreboard Paper Products Corp. v. NLRB, 379 U.S. 203, 85 S.Ct. 398, 13 L.Ed.2d 233 (1964), where the United States Supreme Court held that subcontracting is a mandatory subject of collective bargaining. We distinguish the instant case from Fibreboard on the basis that private sector employers are quite different from public sector employers. The Florida Supreme Court has recognized that there are critical distinctions between private and public sector bargaining. State v. Florida Police Benevolent Assoc., Inc., 613 So.2d 415 (Fla.1992).
We, therefore, agree with PERC’s interpretation of section 447.209, Florida Statutes, that the right to subcontract is a management prerogative which is not a subject of mandatory collective bargaining, and affirm the order below.
BARFIELD, C.J., BOOTH and MINER, JJ., CONCUR.