HomeMy WebLinkAbout0978 . 556801
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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAI, CIRCUIT
rN THE COUNTY OF ST. LUCIE,
STATE OF FLORIDA
Case No. 81-701-CA-17
THE CITY OF FORT PIERCE, )
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Applicant, )
)
vs. )
) ;
T~AMSTERS LOCAL 769, )
affiliated with the )
International Brotherhood )
of Teamsters, )
) -
Respondent. )
O R d E R
THIS CAUSE cominq on to be heard on Respondent's
Motion to Dismiss Applicant's Application to Vacate
Arbitration Award and, additianally, to dismiss for lack of -
proper service of prvices~.
This case arises out of the parties collective
bargaining agreement. The facts are simple. ~liver Moore
was hurt in an automobile accident unrelated to his employ-
ment and relegated to light duty by his physician. Since
he could not perform at 100 per cent, the City fired him
and claimed "just cause" under Article 3.2 of the collective
' bargaining agreement. The question, irrespective of the
I
! argument of counsel, seems to be, what is "just cause"?
~ The city unilaterally decided that the employee should be
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i dismissed for "just cause". The problem with the bargaining
i ~
I agreement in this instance is who is to determine what "just
! cause" is, in the event the employee or the union should
; agree that there is "just cause" on the part of the city to
! terminate an employee, then, of course; there would be no
i
; dispute. However, in those instances where the union or the i
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