Carla McCray v. United Teachers of Dade
The Third District affirmed, by citation opinion, the dismissal of a public employee's circuit court action against her union. The court relied on section 447.503, Florida Statutes, and on Amato v. City of Miami Beach, Florida Education Ass'n v. Wojcicki, and Browning v. Brody — authorities holding that unfair labor practice and duty-of-fair-representation claims against a bargaining agent fall within the Public Employees Relations Commission's statutory procedure rather than the circuit court's general civil jurisdiction.
Key facts
- Appeal from the Circuit Court for Miami-Dade County (Judge Beatrice Butchko Sanchez), Lower Tribunal No. 24-818-CA-01.
- Appellant Carla McCray proceeded in proper person against her collective bargaining representative, United Teachers of Dade, which was represented by Cole, Scott & Kissane, P.A.
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Holdings
- Claims by a public employee against her collective bargaining representative that sound in unfair labor practice or breach of the duty of fair representation must be pursued through the…
Why it matters
For employment and public-sector labor practitioners, this citation affirmance reinforces a jurisdictional trap that continues to catch litigants — particularly pro se plaintiffs. Chapter 447, Part II supplies an… — full analysis with a trial
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