PLEASE COPY TO SCHOOL BOARD MEMBERS AND ADMINISTRATORS AS NEEDED
**School Board Cases
VOL. XXVII . . . . . . . . . . . May 7, 2003 . . . . . . . . . . . . . NO. 16
RC-2002-084; Order 03E-098 (April 29, 2003)
EL-2003-009; (April 29. 2003)
RC-2003-046; Order 03E-099 (April 29, 2003)
CB-2003-005; 006; Order 03U-100 (April 29, 2003)
AC-2003-011; Order 03E-101 (April 29, 2003)
CA-2003-022; Order 03GC-102 (April 30, 2003)
RA-2003-003; Order 03E-103 (May 2, 2003)
RD-2003-002; Order 03E-104 (May 2, 2003)
**CA-2003-024; Order 03GC-105 (May 2, 2003)
CA-2003-018; CB-2003-007; Order 03GC-106 (May 2, 2003)
**RC-2003-006; Order 03E-107 (May 2, 2003)
RC-2003-031; Order 03E-108 (May 2, 2003)
**CA-2003-017; SM-2002-036; Order Number: 03U-109 (May 2, 2003)
RC-2002-084; Order 03E-098 (April 29, 2003)
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,
v.
FLORIDA STATE UNIVERSITY, BOARD OF TRUSTEES, Respondent.
PERC approves the consent election agreement and orders a secret ballot election for the law enforcement unit.
EL-2003-009 (Relates to RD-2002-011) (April 29. 2003)
BARBARA DIALLO, Petitioner,
v.
FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Respondent,
v.
JACKSONVILLE HOUSING AUTHORITY, Intervenor.
Election results and order dismissing the petition to revoke certification number 1106, which will remain in effect for AFSCME. 192 eligible voters cast 127 ballots for and 31 against the union.
RC-2003-046; Order 03E-099 (April 29, 2003)
PINELLAS COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,
v.
PINELLAS COUNTY SHERIFF'S OFFICE, Respondent.
"Accompanying the petition were twenty-six showing of interest cards and a request to transfer the 200 showing of interest cards filed in Case No. RC-2003-029, a petition that had been previously dismissed involving the same parties and the same proposed bargaining unit." PERC's review of the 226 showing of interest cards reveals that 17 cards were dated more than one year prior to the filing of the petition and 1 card was not signed. Thus, only 208 facially valid showing of interest cards supported the petition. Consequently, the petition is dismissed for not having the requisite 30 percent showing of interest.
CB-2003-005; 006; Order 03U-100 (April 29, 2003)
CITY OF JACKSONVILLE, Charging Party,
v.
PROFESSIONAL ASSOCIATION OF CITY EMPLOYEES, INC., Respondent.
"On March 26, 2003, the City of Jacksonville (City) filed unfair labor practice charges alleging that the Professional Association of City Employees, Inc. (PACE) violated Section 447.501(2)(a) and (c), Florida Statutes (2002). According to the charges, PACE is the bargaining agent for two units of City employees. The City's charges allege that PACE failed to bargain in good faith, in both units, by: 1) failing to respond to the City's bargaining proposals; engaging in surface bargaining; and 3) prematurely declaring impasse. The City also filed motions requesting that the Commission stay the special master proceedings in both units.
On April 3, the Commission's General Counsel concluded that the City had demonstrated that PACE failed to respond to the City's bargaining proposals and that PACE was engaging in surface bargaining... However, the General Counsel concluded that the City's changes charges did not demonstrate that PACE had prematurely declaring impasse; thus, he denied the City's motions to stay the impasse proceedings."
Upon review of the charges The Commission reinstates that portion of the dismissed charges and refers them to hearing officer.
"If the City proves that PACE failed to bargain in good faith, the remedy could include an order for PACE to return to negotiations and bargain in good faith. Therefore the City's motions are granted, and the impasse proceeding between the City and PACE are stayed pending the resolution of the City's unfair labor practice charges."
AC-2003-011; Order 03E-101 (April 29, 2003)
IN RE: PETITION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CERTIFICATION NO. 196.
PERC grants the petition to amend certification 196 to reflect the name of the employer as the City of Dania Beach.
CA-2003-022; Order 03GC-102 (April 30, 2003)
COASTAL FLORIDA POLICE, BENEVOLENT ASSOCIATION, Charging Party,
v.
CITY OF PORT ST. LUCIE, Respondent.
The General Counsel summarily dismisses the charge that the employer violated the Act by "unilaterally changing its standard for determining whether there is reasonable suspicion to require a police officer to submit to a drug test...
In the recent case of Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen and Helpers, Local Union No. 173 v. City of Sarasota, Case No. CA-2002-081, order issued March 5, 2003, the Commission ruled that it will look to the clear and unambiguous provisions of a collective bargaining agreement rather than extrinsic evidence, even when the labor contract incorporates extra-contractual provisions by reference. See also Florida Public Employees Council 79, AFSCME v. State of Florida, 10 FPER ¶ 15208 (1984), affd, per curium, 472 So. 2d 1184 (Fla. 1st DCA 1985) (contractual incorporation by reference).
Here, Article 9, Section 3, of the contract incorporates by reference the City's substance abuse policy. That policy states that drug testing may be done either following an on-duty accident or upon reasonable suspicion. Since Peterson was involved in an on-duty accident, the City's policy allowed her to be tested for drugs. Even under the policy's reasonable suspicion standard, the City could test Peterson for drugs because, pursuant to policy section 5E, she had either caused, contributed to, or been involved in an accident while at work. Finally, if it is true that Peterson had multiple accidents in a short period of time, this would have provided yet another basis for testing Peterson under its reasonable suspicion standards.
The PBA's reliance upon any verbal agreements that may have been reached during negotiations that would have exempted Peterson from drug testing following her October 31, 2002, accident is misplaced. Even if agreements were reached, their content was not incorporated into either the contract or the City's substance abuse policy. Therefore, evidence of these agreements is not determinative of the status quo of the City's drug testing standards as established by Commission case law.
Accordingly, the PBA's charge is SUMMARILY DISMISSED."
RA-2003-003; Order 03E-103 (May 2, 2003)
UNITED FACULTY OF FLORIDA, Petitioner,
v.
UNIVERSITY OF NORTH FLORIDA, BOARD OF TRUSTEES, Respondent.
PERC grants the voluntary recognition/acknowledgment petition and certifies unit 1392 for "All employees in the following position classifications holding regular, visiting, provisional, research, affiliate, or joint appointments: 9001 - Professor, 9002 - Associate Professor, 9003 - Assistant Professor, 9004 - Instructor, 9005 - Lecturer, 9006 - Graduate Research Professor, 9007 - Distinguished Service Professor, 9009 - Eminent Scholar, 9053 - University Librarian, 9054 - Associate University Librarian, 9055 - Assistant University Librarian, 9056 - Instructor Librarian, 9115 - Coordinator, 9126 - Program Director, 9150 - Curator, 9166 - Research Associate, 9173 - Counselor/Advisor and employees in the above classifications with the following administrative titles: Coordinator (N1), Program Director (G1), Associate Program Director (G2), Assistant Program Director (G3), Department Head (H1), and Counselor/Advisor (B1)."
RD-2003-002; Order 03E-104 (May 2, 2003)
VICKI GORNY, Petitioner,
v.
FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, Respondent,
v.
CITY OF STUART, Intervenor.
PERC determines the petition sufficient and orders a secret ballot election for unit 1130.
**CA-2003-024; Order 03GC-105 (May 2, 2003)
GILCHRIST EMPLOYEES/UNITED, Charging Party,
v.
SCHOOL BOARD OF GILCHRIST COUNTY, Respondent.
The General Counsel summarily dismisses the charge that the employer violated the Act by unilaterally altering a provision of the collective bargaining agreement regarding performance pay.
"Here, the GEU alleges that the School Board unilaterally altered the contractual provision regarding the performance pay plan. This contractual plan sets forth the pay which unit members will receive depending on their performance rating. For example an employee rated 'outstanding' will receive a step increase plus any across the board increase plus five percent of his or her salary. This contract provision does not set forth the criteria the School Board will use to determine an employee's rating.
The GEU asserts that principals distributed a document which contained the criteria that would be used by the School Board to determine whether a teacher was outstanding, and that this document was different from the contract provision imposed by the School Board. As previously indicated, there is nothing in the contract provision ratified by the parties which discusses the criteria to be used by the School Board to determine an employee's rating. Rather, the contract provision is limited to setting forth the amount of money an employee will receive. Therefore, since there is no allegation or evidence by the GEU that the School Board has altered the amount of money that an employee will receive, I conclude that the GEU has failed to demonstrate that the School Board violated Section 447.501(1)(a) and (c), Florida Statutes (2002). See Escambia Education Association, FTP-NEA v. School Board of Escambia County, 10 FPER ¶ 15160 (1984).
Accordingly, the GEU's unfair labor practice charge is SUMMARILY DISMISSED."
CA-2003-018; CB-2003-007; Order 03GC-106 (May 2, 2003)
ISAIAH SOLOMON, Charging Party,
v.
HARTLINE, Respondent.
ISAIAH SOLOMON, Charging Party,
v.
AMALGAMATED TRANSIT UNION, LOCAL 1593, Respondent.
The General Counsel summarily dismisses the amended charges that the employer and union violated the Act by discriminating against Solomon.
"This is simply not a prima facie case of arbitrary or discriminatory representation by Local 1593 or of bad faith bargaining by Hartline. Unions and management negotiate wage scales for all members of each bargaining unit, and not all employees are paid at the same hourly rate. Of necessity, different job classes will be paid differently. At Hartline, it appears to have been the long time practice of compensating large and small bus operators on slightly different pay schedules. Standing alone, this fact, while it may be unfair as alleged by Solomon, is not enough to constitute an unfair labor practice. His other allegations concerning whether "B" operators seniority lists should be merged with the "A" operators and which should have the right to first bid on routes under the contract is appropriate for a collective bargaining grievance, not an unfair labor practice charge."
**RC-2003-006; Order 03E-107 (May 2, 2003)
FLORIDA NURSES ASSOCIATION, Petitioner,
v.
SCHOOL BOARD OF PINELLAS COUNTY, Respondent.
The petition is dismissed because PERC does not accept arguments that there is justification for a bargaining unit limited to Registered Nurses.
RC-2003-031; Order 03E-108 (May 2, 2003)
MARY ESTHER PROFESSIONAL FIRE FIGHTERS ASSOCIATION, IAFF, LOCAL 4247, Petitioner,
v.
CITY OF MARY ESTHER, Respondent.
PERC determines an appropriate firefighter unit and orders a secret ballot election.
**CA-2003-017; SM-2002-036; Order Number: 03U-109 (May 2, 2003)
COMMUNICATIONS WORKERS OF AMERICA, Charging Party,
v.
THE SCHOOL BOARD OF ST. LUCIE COUNTY, Respondent.
"On April 29, 2003, the hearing officer assigned to Case No. CA-2002-017 issued an order staying the pending impasse proceedings in Case No. SM-2002-036. On May 1, the Charging Party filed an emergency motion to the Commission asking that it rule upon the Charging Party's previously filed motion to stay the impasse because the motion was erroneously considered by the hearing officer rather than by the Commission. The Charging Party is correct. The hearing officer assigned to the unfair labor practice case involving these parties is without authority to rule upon a motion to stay the proceedings in a case pending before a special master, even though the issues in the two cases are related. See Bonita Springs Professional Fire Fighters, Local 3444 v. Estero Fire Protection and Rescue Service District, 23 FPER ¶ 28180 (1997).
Accordingly, the hearing officer's April 29 order is VACATED.
Upon consideration of the merits of the Charging Party's motion to stay the impasse proceedings in Case No. SM-2002-036, it is GRANTED. The special master process shall go forward only as to the impase over economic issues. The special master shall not consider the parties' impasse over the grievance and arbitration procedure pending the outcome of the unfair labor practice charge in Case No. CA-2003-017."
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