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Labor/Employment Law: Great News – Circuit Court in Tallahassee Declares Unconstitutional Three Percent State Employee Pay Deduction

http://feaweb.org/_data/files/2012_Court_Rulings_Docs/Order_on_Motions_for_Summary_Judgment1.pdf

The opinion is attached.  It is an exceptionally well-written order.  Please note, within minutes, the State filed its notice of appeal with the First District Court of Appeal (despite publicly stating, previously, that it would abide by the Circuit Court’s decision).  Bottom line:  the mandate that requires the three-percent automatic payroll deduction for every state employee is unconstitutional pursuant to Florida’s Constitution, including — in particular — its mandated right of public employee collective bargaining rights.

I commented to friends and colleagues on this matter — from the issue of partisanship.  You see, a G.O.P.-run Legislature and Executive pushed a mandate despite its unconstitutional application.  Yet, these same individuals are advocating against the mandate within the Affordable Care Act, despite its obvious constitutionality under the United States Constitution’s Commerce Clause.  Go figure ….

 

 

 

 

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