THE FLORIDA EDUCATIONAL                                               

NEGOTIATORS

 

(850)414-2587  (850)414-2585 FAX

SUNCOM 994-2587 SUNCOM FAX 994-2585

 

Volume I………………….November 2003

 

FEN Members:

 

Florida School Labor Relations Service (FSLRS) is in the process of changing what was previously referred to as the Order Summary.  Primarily, school board cases will be reported along with those cases, which may have ramifications for all public employees.  The quarterly publication of the PERC News will supplement reports from FSLRS.  If you wish to be added to that mailing list, please contact FSLRS.  In addition, special reports of particular interest will be published.  Since more districts are reporting settlements, that information will be forthcoming.  Relevant information about the status of district career ladder plans will be included over the next several months.

 

 

The Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida,

Civil Division

Case No. 20020354-CA-17

 

Indian River County School Board

            Plaintiff/Counter-Defendant

vs

 

Communications Workers of America and Local 3180 CWA,

 

            Order On Amended Motion To Vacate or Modify Arbitration Award and

            Counter-Motion to Confirm Award

 

 

 

Page 2 -- Volumn I

 

 

            The dispute in this case arose as a result of changes made by the Board to the benefit levels of and employee contributions to the Indian River County School District’s self-insured health insurance plan.  The union contended that the Board had unilaterally imposed modifications to the negotiated health insurance benefit plan without negotiating the changes with the union.  The Board contended that it properly implemented the changes pursuant to the provisions of Section 447.4095, Florida Statutes, which governs financial urgency requiring modification of an agreement.  The Board also contended that the changes in the premium and benefit levels to be effective July 1, 2001, were urgently required to maintain the solvency of the plan, which is required by law.

            The union filed a grievance on May 30, 2001, which alleged that the Board had unilaterally imposed modifications to the negotiated health insurance benefit plan without negotiating said changes with the union.  A second grievance was filed on July 1, 2001, alleging the Board had unilaterally implemented modifications to the employee health insurance plan without negotiating said changes with CWA.  At arbitration, the arbitrator found that the Board had violated the statutes by imposing a unilateral change “without a preceding special master decision as anticipated by the statutes.”

            The Board appealed the finding to the Circuit Court contending it had properly implemented the changes and that the arbitrator had made a decision beyond his scope of responsibility.  The issue before the Court was whether the arbitrator had the jurisdiction or power to resolve the grievance and to conclude that the Board failed to bargain in good faith, despite the fact that failure to bargain in good faith is an unfair labor practice as defined in Section 447.501 Florida Statutes.

            The Court stated that the award was not being vacated for errors in judgment as to the law or as to the facts.  The issue was not whether the arbitrator erred in his construction of the statutory law, but rather that he improperly determined matters “arguably” within the exclusive jurisdiction of Public Employee Relations Commission. 

            ORDERED AND ADJUDGED as follows:

            1.  The Amended Motion to Vacate or Modify Arbitration Award is GRANTED.  The Arbitrator exceeded his jurisdiction and power, and his February 27, 2002, award is hereby vacated.

            2.  The Counter-Motion to Confirm Award is hereby DENIED.

 

------------------------------------------------------------------------------------------------------------

           

FIRST DISTRICT COURT OF APPEAL OF FLORIDA

Case No.:  1D01-5140

Lower Tribunal Case No.:  RC-2001-014

 

Dade County School Administrators Association, etc.

 

vs

 

School Board of Miami-Dade County, etc. et al

 

 

 

 

Page 3 – Volumn I     

 

 

MANDATE

 

            An appeal from an order of the Public Employees Relations Commission.

 

Davis, J.

 

Dade County School Administrators Association, Local 77, AFSA, AFL-CIO (“Local 77”) appeals an order of the Florida Public Employees Relations Commission (PERC) dismissing its Representation-Certification Petition which sought to represent, for the purpose of collective bargaining, a unit of assistant principals and vice principals employed by the School Board of Miami-Dade County.  We affirm and decline to reach the question of the constitutionality of Section 447.203, Florida Statutes (2001), or Section 228.041*, Florida Statutes (2001).

            Local 77 filed a petition with PERC seeking to represent a unit of assistant principals and vice principals.  The assigned PERC hearing officer, after holding an evidentiary hearing, issued a recommended order concluding that the assistant principals were precluded from collective bargaining since they met the criteria for managerial employees.  PERC adopted the recommended order and issued a final order dismissing the petition.  Because the statutes at issue were construed in a manner against its interest, Local 77 now seeks a constitutional interpretation of sections 447.203 (4) (a)6. and 228.041 (10).

            As a result of previous rulings, it was deemed preferable to have a record developed in a lower court before a finder of fact.  Therefore, PERC’S order dismissing the petition for certification without prejudice to Local 77’s right to seek a declaratory judgment in circuit court concerning the constitutionality of the statutes involved was affirmed.

 

*Currently s. 1012.01

________________________________________________________________________

 

           

DS-2003-001; Order 03DS-174 (July 22, 2003)

 

Petition for Declaratory Statement of the School Board of Monroe County, Florida, and United Teachers of Monroe.

 

The School Board of Monroe County, Florida and the United Teachers of Monroe filed a petition for declaratory statement pursuant to Sections 120.565 and 447.207 (7), Florida Statutes (2002), and Florida Administrative Code Rule 28-105.002.  A response to the petition was filed by the Big Pine Neighborhood Charter School, Inc., a party substantially affected by the commission’s final order. 

The question presented for resolution was:

            Who is the public employer of public employees of a conversion charter school for benefit eligibility purposes where the school charter’s contract provides it is a public employer and will take all required action under Chapter 447 to be recognized as such?

 

 

Page 4 – Volumn I     

 

 

The petitioners were asking that the Commission interpret provisions of an existing contract between the Board and the School to determine if the School was a public employer for purposes of employee benefit eligibility.  It was determined by the Commission that contract interpretation was not a proper subject for resolution in a declaratory statement proceeding.  The petitioners were not seeking guidance with respect to actions that they contemplate taking, but rather an opinion upon the effects of actions they had taken in the past.  Therefore, a declaratory statement was inappropriate.  The Commission does not interpret statutes in declaratory statements other than those over which it has jurisdiction.

________________________________________________________________________

 

CITATION DISCLAIMER -   The summary for any cases should not be cited.  For that purpose, the cases may be acquired by contacting FSLRS or PERC.  You are encouraged to contact labor relations officials or their attorneys for details on specific cases.

Information provided herein is with the understanding that FSLRS is not engaged in rendering legal service.  If legal advice or assistance is required, please contact your attorney.