Florida Regulations 60CC-5.001: Filing of Charge
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(1) A charge that any public employer, or its agents or representatives, or any public employee organization, or its agents or representatives, has engaged in or is engaging in any unfair labor practice may be filed with the Commission within six (6) months of the alleged occurrence thereof by one or more employees, by an employee organization, or by a public employer, or any combination thereof, provided the parties are not within the jurisdiction of a local commission.
(2) The charge shall be in writing (PERC FORMS 15, 16 and 17) and shall be signed.
(3) The charge shall contain the following:
(a) The name, affiliation, if any, and address of the charging party(s), and the official title of any representative filing the charge;
(b) The name and address of the respondent(s) and of any other party named therein;
(c) A clear and concise statement of the facts constituting the alleged unfair labor practice, including the name(s) of the individual(s) involved in the alleged unfair labor practice, the time and place of occurrence of the particular act(s) giving rise to the dispute;
(d) The specific provision(s) of Section 447.501, Florida Statutes, alleged to have been violated; and
(e) A brief statement of any other information relevant to the charge.
(4) If a charge is filed by a public employer alleging a violation of Section 447.501(2)(e), Florida Statutes, [instigating, participating in, or supporting an illegal strike], the charge shall also describe in detail any action theretofore taken before any circuit court.
(5) The charge must be accompanied by sworn statement(s) setting forth facts of which the affiant has personal knowledge, and where applicable, documentary evidence sufficient to support a prima facie violation of the applicable unfair labor practice provision(s). Such supporting evidence is not to be attached to the charge and is to be furnished only to the Commission.
Specific Authority 447.207(1) FS. Law Implemented 447.501, 447.503 FS. History-New 5-6-79, Amended 1-17-80, Formerly 38D-21.01, 38D-21.001.
Terms Used In Florida Regulations 60CC-5.001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) The charge shall contain the following:
(a) The name, affiliation, if any, and address of the charging party(s), and the official title of any representative filing the charge;
(b) The name and address of the respondent(s) and of any other party named therein;
(c) A clear and concise statement of the facts constituting the alleged unfair labor practice, including the name(s) of the individual(s) involved in the alleged unfair labor practice, the time and place of occurrence of the particular act(s) giving rise to the dispute;
(d) The specific provision(s) of Section 447.501, Florida Statutes, alleged to have been violated; and
(e) A brief statement of any other information relevant to the charge.
(4) If a charge is filed by a public employer alleging a violation of Section 447.501(2)(e), Florida Statutes, [instigating, participating in, or supporting an illegal strike], the charge shall also describe in detail any action theretofore taken before any circuit court.
(5) The charge must be accompanied by sworn statement(s) setting forth facts of which the affiant has personal knowledge, and where applicable, documentary evidence sufficient to support a prima facie violation of the applicable unfair labor practice provision(s). Such supporting evidence is not to be attached to the charge and is to be furnished only to the Commission.
Specific Authority 447.207(1) FS. Law Implemented 447.501, 447.503 FS. History-New 5-6-79, Amended 1-17-80, Formerly 38D-21.01, 38D-21.001.