City of Miami v. Fraternal Order of Police, Miami Lodge No. 20
After a police officer litigated in circuit court and on appeal the propriety of a drug-test requirement imposed on his reinstatement, he filed a CBA grievance seeking arbitration of his resulting termination. The Third DCA reversed summary judgment in the union's favor, holding the officer waived arbitration by actively litigating the merits of the same issue and, alternatively, that collateral estoppel and the election-of-remedies provisions of the CBA and section 447.401, Florida Statutes, barred arbitration.
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