VOL. XXVI  . . . . . . . . . . . . May 1, 2002 . . . . . . . . . . . . . . NO. 14

PART I . . . . . . . . . . . . . . . . . . . . . . . . ORDERS ISSUED BY PERC

 

**CA-2002-029; Order 02GC-099 (April 22, 2002)

DUVAL TEACHERS UNITED, Charging Party,

v.

DUVAL COUNTY SCHOOL BOARD, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by meeting with teachers represented by the DTU to resolve issues affecting their wages and other terms and conditions of employment.

AThe charge is procedurally deficient because it does not contain the factual detail and specificity required by the Commission.@  Names and times were not given.  Also, no affidavit or supporting documents verifying any of the allegations accompanied the charge.  The facts in the charge are hearsay and insufficient to establish a prima facie violation.

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UC-2002-003; Order 02E-100 (April 24, 2002)

BILL CLEMENT, SHERIFF OF CHARLOTTE COUNTY, Petitioner,

v.

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, Respondent.

AOn April 19, the Sheriff filed a notice of voluntary dismissal of the petition.  Accordingly, the notice is accepted and the petition is dismissed without prejudice to re-filing.@

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EL-2002-006' (Relates to RC-2001-036) (April 24, 2002)

FLORIDA STATE FIRE SERVICE ASSOCIATION, Petitioner,

v.

STATE OF FLORIDA, Respondent.

Election results and order certifying unit 1360 for Fire Fighter, Fire Fighter Supervisor, Forest Ranger, Senior Forest Ranger, Fire Fighter Rotorcraft Pilot, Single Engine Reciprocal Aircraft Pilot (Department of Agriculture and Consumer Services), Multi-engine Reciprocal Aircraft Pilot (Department of Agriculture and Consumer Services), Fire College Instructor, Fire College Instructor Supervisor, Field Representative - Fire Fighter Standards and Training, Field Representative Supervisor - Fire Fighter Standards and Training, and Fire Protection Specialist.  576 eligible voters cast 464 ballots for and 2 against the union.  Certifica­tion Numbers 377 and 418 should be amended/modified to reflect the change based on the outcome of this case.

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CA-2001-030; Order 02U-101 (April 24, 2002)

FIRE RESCUE PROFESSIONALS OF ALACHUA COUNTY, LOCAL 3852, IAFF, Charging Party,

v.

ALACHUA COUNTY, Respondent.

PERC finds the employer unilaterally eliminated >the adjusted hours leave procedure= for the certified firefighter bargaining unit members and refused to collectively bargained in good faith.  PERC also found neither party is entitled to an award of attorney fees and litigation costs.

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CA-2002-023; Order 02GC-102 (April 25, 2002)

ANGELO CRUZ, Charging Party,

v.

HILLSBOROUGH AREA REGIONAL TRANSIT, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by interfering with the union=s protected activities and dismissing Cruz for participating in those protected activities.  Even assuming that Cruz=s efforts to oust Chapman as Local 1593 President and opposing the ratification of the collective bargaining agreement are activities protected by Chapter 447, Part II, Cruz=s charge is deficient because he has failed to provide any evidence that these activities were a substantial or motivating factor in Hartline=s decision to dismiss him from employment.

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EL-2002-010 (Relates to RC-2001-059) (April 25, 2002)

COCOA FIREFIGHTERS ASSOCIATION, LOCAL 2416, IAFF, Petitioner,

v.

CITY OF COCOA, Respondent.

Election results and order certifying unit 1361 for Battalion Chiefs.  2 eligible voters cast 2 ballots for the union.

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UC-2002-010; Order 02E-103 (April 26, 2002)

SUNCOAST PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 2546, IAFF, Petitioner,

v.

CHARLOTTE COUNTY FIRE & EMS, Respondent,

PERC grants the clarification petition seeking to include the classification of Battalion Chiefs in the unit of fire rescue personnel.

AThe parties stipulated that Battalion Chiefs are now appropriate for inclusion in the existing bargaining unit because their supervisory authority does not create a conflict of interest sufficient to warrant their exclusion from the bargaining unit.@

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CB-2002-006; Order 02GC-104 (April 26, 2002)

ANGELO CRUZ, Charging Party,

v.

AMALGAMATED TRANSIT UNION LOCAL 1593, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by failing to represent Cruz, when he was dismissed, because he was involved in activities to remove Chapman as president of Local 1593, and he also publicly opposed a proposed collective bargaining him agreement between the employer and the union.  A copy of the agreement and the grievance procedure did not accompany the charge.  There is no evidence submitted that Chapman acted in bad faith or retaliated against Cruz for his earlier activities.  Without such evidence, it cannot be determined whether Local 1593's conduct was arbitrary, discriminatory, or in bad faith.

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RC-2002-020; Order 02E-105 (April 29, 2002)

OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, Petitioner,

v.

VOLUSIA COUNTY, Respondent.

PERC dismisses the petition because the union was not registered with the Commission as an employee organization prior to submitting the petition.

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CA-2001-064; Order 02U-106 (April 29, 2002)

PROFESSIONAL ASSOCIATION OF CITY EMPLOYEES, INC., Charging Party,

v.

CITY OF JACKSONVILLE, Respondent.

AIn its charge, PACE stated that the Jacksonville Supervisors Association (JSA) was the certified union representing the bargaining unit of City employees at the time of the change in policy, April 7, 2001.  However, PACE argued that it had defeated the JSA in a representation election and it, PACE, was officially certified by the Commission to represent the employees on April 19, 2001, only two days after the change in policy.  Commission records show that the City knew PACE had defeated the JSA before the change that is at issue in this case ...

The Commission will not resolve issues outside the scope of the charge that was litigated at the hearing.  Presley vs. School Board of Seminole County, 20 FPER & 25001 (1993).@

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PART II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court Orders

[From Attorney General=s Appellate Alert]

Florida Supreme Court

AProposed amendment re: class size ...  A proposed constitutional amendment designed to limit the size of public school classrooms meets all constitutional standards and may be placed on the ballot if sponsors gather enough signatures, the Florida Supreme Court held.

The justices unanimously approved the ballot summary and said the proposed amendment does not violate the single-subject requirement, which in the past has prevented other initiative petitions from landing a place on the ballot.  The proposed amendment would require the Legislature to provide funding by the 2010 school year for sufficient classrooms to achieve specific caps on the number of students in public school classes, depending on grade level.  The measure would require the Legislature, and not local school districts, to pay for the costs associated with the reduced class sizes, and prescribes a schedule for phased-in funding to achieve the required maximum class size.  Critics said the amendment violates the single-subject requirement by dealing with both class size and a requirement that the Legislature take certain actions, but the court said the measure merely provides the details of how the ballot initiative would be implemented.  The court also rejected opponents' argument that the measure fails to advise voters that it would substantially alter the functions of local school boards.

"We agree that the proposed amendment does not substantially alter or perform the functions of the local school board. Although, as a result of the amendment, the Legislature may choose to fund the building of new schools to achieve the maximum classroom size set as a goal of the proposed amendment, this is not the only method of ensuring that the number of students meets the numbers set forth in the amendment.  Rather than restricting the Legislature, the proposed amendment gives the Legislature latitude in designing ways to reach the class size goal articulated in the ballot initiative, and places the obligation to ensure compliance on the Legislature, not the local school boards," the court said.  [Advisory Opinion to the Attorney General re: Florida's Amendment to Reduce Class Size, 4/25/02]@

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PART IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opinions

Attorney General Opinion

AInternet meetings of district board ...  In response to a request from the executive director of the Southwest Florida Water Management District, the Attorney General issued an advisory opinion stating in sum:  "The use of an electronic bulletin board by water management district basin board members to discuss matters that may foreseeably come before the basin board over an extended period of days or weeks, which does not permit the public to participate online, is a violation of section 286.011, Florida Statutes, and should be discontinued." AGO-2002-­32, 4/22/02)@

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MISCELLANEOUS

Tentative Agreement Reports

FEN Calendar

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CITATION DISCLAIMER - This summary should not be cited. For that purpose, the cases may be acquired by contacting FSLRS, PERC, FEN district representatives, FPELRA representatives, jurisdiction labor relations officers or their attorneys for particular cases.

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is a joint venture of the

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and the

Florida Association of District School Superintendents".

Its publications are designed to provide accurate and authoritative information in regard to public employee labor relations and collective bargaining.  This information is provided with the understanding that FSLRS is not engaged in rendering legal service.  If legal advice or assistance is required, contact your attorney.

==================================================================

Marcus Johnston, Executive Director

Florida School Labor Relations Service

203 South Monroe Street

Tallahassee, Florida 32301

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