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**School Board Cases
VOL. XXVII . . . . . . . . . . . May 21, 2003 . . . . . . . . . . . . . NO. 17
RC-2003-001; Order 03E-110 (May 6, 2003)
EL-2003-011; Order 03E-111 (May 6, 2003)
AC-2003-009; Order 03E-112 (May 6, 2003)
CA-2003-026; Order 03GC-113 (May 6, 2003)
RC-2003-013; Order 03E-114 (May 12, 2003)
RA-2003-004; Order O3E-115 (May 13, 2003)
RC-2003-032; Order 03E-116 (May 13, 2003)
CR-2002-001; Order 03E-117 (May 13, 2003)
RC-2002-081; Order 03E-118 (May 13, 2003)
RA-2003-005; Order 03E-119 (May 15, 2003)
EL-2003-013 (May 16, 2003)
EL-2003-012 (Relates to RC-2002-061) (May 19, 2003)
RC-2003-001; Order 03E-110 (May 6, 2003)
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,
v.
UNIVERSITY OF CENTRAL FLORIDA, BOARD OF TRUSTEES, Respondent.
PERC grants the union's request for withdrawal and cancels the election for a unit of "All sworn law enforcement officers employed by the University of Central Florida certified pursuant to Chapter 943, Florida Statutes, in the classifications of law enforcement officer, law enforcement corporal, law enforcement sergeant, and law enforcement investigator."
EL-2003-011 (Relates to RC-2002-068); Order 03E-111 (May 6, 2003)
NATIONAL CONFERENCE OF FIREMEN & OILERS/SEIU, LOCAL 1227, AFL-CIO, Petitioner,
v.
TOWN OF JUPITER, Respondent.
"Upon consideration, the motion is GRANTED with prejudice and the election is cancelled. Local 1227 will not be permitted to file a petition or intervene to represent the same employees involved in this case for a one year period from the date of this order. See Teamsters Local Union No. 385 v. Orange County, 25 FPER ¶ 30156 (1999); Florida State Lodge Fraternal Order of Police v. City of Winter Park, 20 FPER ¶ 25123 (1994). Local 1227 will be billed for the Commission's costs to this point. See Fla. Admin. Code Rule 6000-2.006(l)(b). The Town is directed to remove the notices of election and in lieu thereof, post this order."
AC-2003-009; Order 03E-112 (May 6, 2003)
IN RE: PETITION OF COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., TO AMEND CERTIFICATION NO. 550.
PERC grants petition to amend certification 550 to reflect the name change of the certified bargaining agent.
CA-2003-026; Order 03GC-113 (May 6, 2003)
NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, Charging Party,
v.
ORANGE COUNTY LIBRARY DISTRICT, Respondent.
The General Counsel summarily dismisses the charge that the employer violated the Act by restraining and coercing Van Church as a result of his union activities and by discriminating against him in regard to his conditions of employment.
The charge does not contain a clear and concise statement of the facts constituting the alleged unfair labor practice and is not accompanied by sufficient evidence to support a prima facie violation. The facts contained within the charge itself must include the names of the individuals involved in the alleged unfair labor practice, and the time and place of occurrence of the particular acts giving rise to dispute.
RC-2003-013; Order 03E-114 (May 12, 2003)
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,
v.
CITY OF LEESBURG, Respondent.
PERC approves the consent election agreement and orders a secret ballot election for a unit composed of "All sworn law enforcement officers in the following classifications: detective, senior detective, senior police officer, police officer, and investigative specialist."
RA-2003-004; Order O3E-115 (May 13, 2003)
UNITED FACULTY OF FLORIDA, Petitioner,
v.
FLORIDA GULF COAST UNIVERSITY, BOARD OF TRUSTEES, Respondent.
PERC grants the voluntary recognition-acknowledgment petition seeking to represent a unit of faculty, administrative and other professional employees of the Florida Gulf coast University, Board of Trustees (University). The proposed unit is consistent with prior statewide bargaining unit pursuant to certification 218. However, a hearing officer recommended modifying the unit description by deleting unnecessary references to managerial and confidential employees, and specific classifications from the excluded portion of the unit description. Certification No. 1394 is issued for a unit composed of "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, 9009 - Eminent Scholar, 9053 - University Librarian, 9054 - Associate University Librarian, 9055 - Assistant University Librarian, 9115 -Coordinator, 9120 - Associate in _____, 9121 - Associate in ____, 9126 - Program Director, 9166 - Research Associate, 9173 - Counselor/Advisor and employees in the above classifications with the following administrative titles: Coordinator (N1), Program Director (G1), and Counselor/Advisor (B1)."
RC-2003-032; Order 03E-116 (May 13, 2003)
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,
v.
STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, Respondent,
v.
INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, Intervenor.
PERC approves the consent election agreement and orders a secret ballot election for certification 1281 composed of "All sworn law enforcement officers including all supervisors of law enforcement officers in the following classifications: law enforcement officer, law enforcement officer corporal, law enforcement officer sergeant, law enforcement wildlife inspector, law enforcement airplane pilot 1, law enforcement airplane pilot 11, law enforcement investigator I, and law enforcement investigator II."
CR-2002-001 (Relates to RC-2000-045); Order 03E-117 (May 13, 2003)
STATE EMPLOYEES ATTORNEYS GUILD, FPD, NUHHCE, AFSCME, AFL-CIO, Petitioner,
v.
JEB BUSH, AS GOVERNOR OF THE STATE OF FLORIDA, Respondent.
PERC orders a secret ballot election for a unit composed of "All persons in the classifications of Attorney and Senior Attorney employed in the Selected Exempt Service by the State of Florida who are required as a condition of employment to be members of the Florida Bar."
RC-2002-081; Order 03E-118 (May 13, 2003)
DADE COUNTY POLICE, BENEVOLENT ASSOCIATION, INC., Petitioner,
v.
FLORIDA INTERNATIONAL UNIVERSITY, BOARD OF TRUSTEES, Respondent.
PERC approves the consent election agreement and orders a secret ballot election for certification 729, a unit consisting of "All sworn law enforcement officers employed by the Florida International University certified pursuant to Chapter 943, Florida Statutes, in the classifications of law enforcement officer, law enforcement corporal, law enforcement sergeant, and law enforcement investigator."
RA-2003-005; Order 03E-119 (May 15, 2003)
UNITED FACULTY OF FLORIDA, Petitioner,
v.
UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, Respondent.
PERC grants the voluntary recognition-acknowledgment petition seeking to represent a unit of "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, 9016 - University School Professor, 9017 - University School Associate Professor, 9018 - University School Assistant Professor, 9019 - University School Instructor, 9053 - University Librarian, 9054 - Associate University Librarian, 9055 - Assistant University Librarian, 9056 - Instructor Librarian, 9155 - Coordinator, 9120 - Associate in ____, 9121 - Assistant in ___, 9126 - Program Director, 9150 - Curator, 9151 - Associate Curator, 9152 - Assistant Curator, 9153 - Staff Physicist, 9160 - Scholar/Scientist/Engineer, 9161 -Associate Scholar/Scientist/Engineer, 9162 - Assistant Scholar/Scientist/Engineer, 9166 - Research Associate, 9173 - Counselor/Advisor, 9178 - Instructional Specialist, 9334 - Specialist, Computer Research, 9394 - Coordinator, Cooperative Education,,9419 - Coordinator, Research Information, 9433 - Specialist, Music, 9434 - Psychologist, 9435 - Resident Advisor to Students, 9460 - Psychiatrist, 9462 - Physician, 9464 - Physician's Assistant, 9490 - Dentist, 9495 - Specialist, Student Counseling. Together with chairpersons in the following colleges (administrative code C1): College of Arts and Sciences and College of Education; and employees in the above classifications with the following administrative titles: Associate Chair (C2), Assistant Chair (C3), Coordinator (N1), Program Director (G1), Associate Program Director (G2), Assistant Program Director (G3), Department Head (H1), Associate Department Head (H2), Assistant Department Head (H3), and Counselor/Advisor (B1)."
EL-2003-013 (Relates to RC-2002-080) (May 16, 2003)
TEAMSTERS LOCAL UNION 385, Petitioner,
v.
CITY OF LONGWOOD, Respondent.
Election results and orders certifying unit 1396 for all police lieutenants (commanders). Three eligible voters cast to ballots for and 1 against the union.
EL-2003-012 (Relates to RC-2002-061) (May 19, 2003)
FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Petitioner,
v.
HERNANDO COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent.
Election results and order dismissing the petition to represent all regular full-time and part-time non-professional non-supervisory employees of Hernando County.
489 eligible voters cast 278 to ballots against and 182 for the union.
[ From Attorney General's Appellate Alert]
"Discrimination lawsuit - notification of rights... A doctor may proceed with her state lawsuit alleging age and sex discrimination because a letter saying her claim had been denied by local and federal agencies said nothing about her rights under Florida law, the 4th DCA held.
Roberta Santini, a radiologist at Cleveland Clinic Florida, filed a charge with the Broward County Human Rights Division claiming violations of federal, state and local anti-discrimination laws based on her sex and age. The filing with the local agency resulted in the complaint being automatically filed with the federal Equal Employment Opportunity Commission, and Santini's attorney expressly requested in writing that it also be forwarded to the Florida Commission on Human Relations. The Broward County Human Rights Division eventually concluded that the doctor's claim was without merit, and the federal agency followed with a letter denying her claim. Santini never received a letter of determination from the state agency, and filed suit in state court without requesting an administrative hearing under the Florida Civil Rights Act. The trial court concluded that Santini had failed to exhaust her state administrative remedies and that the federal determination of "no reasonable cause" acted as a determination on behalf of the state agency. The DCA disagreed.
"(T)he federal agency determined only that it was adopting the local determination that no reasonable
cause existed under the Federal act. Significantly, neither the federal or local agency made a determination
as to the state civil rights claim," the DCA said. "(W)e conclude that the federal
(notification letter) is not adequate notice to Dr. Santini that her state
discrimination claim had been determined so as to require her to file a lawsuit
in state court within thirty-five days."
[Santini v. Cleveland Clinic Florida, 5/7/03]"
"Improper state actions stemming from agency merger... The 1st DCA, concluding that a state agency erred in a ruling against a police union, gave the state and the union 60 days to resolve their dispute or deal with the disruptive impact of returning to work schedules abandoned two years ago.
The case arose from the creation of the Florida Fish and Wildlife Conservation Commission and the merger of law enforcement units from two combined agencies. After some limited negotiations, the state Department of Management Services unilaterally changed the work schedules of unionized law enforcement officers, prompting the union to file an unfair labor charge against the state. A hearing officer agreed with the union and recommended a return to the status quo ante, or work schedules in place before the change. The Public Employees Relations Commission entered a final order that did not order a return to the prior schedules, and the union appealed. On appeal, PERC argued that a change to the prior schedules would be disruptive. The 1st DCA sided with the union, but ordered the union and DMS to negotiate in hopes of avoiding the disruption that would be caused by a return to two-year-old work schedules. If a negotiated settlement cannot be reached within the 60-day period, work schedules must be returned to their status as of May 2001, the DCA said.
"(W)e cannot condone (DMS') position in this appeal that, in essence, asks for an affirmance because
of the very consequences attendant to its unfair labor practice. Not to require a return to the status quo
ante would be akin to rewarding (DMS) for an unlawful act and would leave (the
union) impotent under PERC's rather bland final order. Simply put, PERC abused its discretion by
not following the ALJ's recommendation that the parties be returned to the status
quo ante on the facts presented in this appeal," the court said.
"(DMS') concern for disruption could have best been handled by following
recognized collective bargaining principles. The detrimental effect caused by unlawful action cannot be used as a
shield to avoid imposition of the appropriate remedy."
[International Union of Police Associations
v. Department of Management Services, 5/20/03]"
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