VOL. XXVI  . . . . . . . . . . . . January 3, 2002 . . . . . . . . . . . . . . NO. 01

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

 

UC-2001-050; Order 01E-323 (December 19, 2001)

CITY OF CAPE CANAVERAL, Petitioner,

v.

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 673, Respondent.

PERC grants the city=s petition to clarify unit number 774 and excludes newly created positions of water reclamation plant supervisor, collections/distribution supervisor, and public works maintenance supervisor because of a supervisory conflict of interest.  In addition, the previously included position of crossing guard is excluded because it no longer has a community of interest with the rest of the bargaining unit.

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VP-2001-007; Order 01VP-324 (December 19, 2001)

BENJAMIN F. MATHEWS, Complainant,

v.

DEPARTMENT OF REVENUE, Respondent.

Mathews alleged that the Agency violated his veteran's preference rights by failing to hire him for the position of finance and accounting director III when he was clearly more qualified than the other candidates.   His complaint is dismissed because PERC cannot assert jurisdiction over a case just because of inequities that result, such as this, when the statute is remedial in nature.

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CA-2001-063; Order 01U-325 (December 21, 2001)

MARJORIE B. WARDLOW, Charging Party,

v.

STATE OF FLORIDA, DEPARTMENT OF REVENUE, Respondent.

PERC affirms the General Counsel=s summary dismissal of the charge that the employer violated the Act by creating a hostile work environment for Wardlow.  Nothing in the record indicates that the General Counsel erred in determining that Wardlow failed to establish that the department committed a prima facie violation of the Act.

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EL-2001-047 (Relates to RC-2001-044) (December 21, 2001)

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., AFFILIATED WITH THE NATIONAL COALITION OF PUBLIC SAFETY OFFICERS, A DIVISION OF THE COMMUNICATIONS: WORKERS OF AMERICA, Petitioner,    

v.

SARASOTA COUNTY SHERIFF'S OFFICE, Respondent.

Election results and order dismissing the petition to represent correctional officers.  Eighty eligible voters cast 53 ballots against and 15 for the union.

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**CA-2001-072; Order 01GC-326 (December 21, 2001)

Bradford Education Association, Charging Party,

v.

Bradford County School Board, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by violating a past practice, in effect for the past ten years, when the Board refused to pay the rate increases during the pendency of negotiations.

AAbsent clear and unmistakable waiver, exigent circumstances, or a legislative body action after bargaining impasse, changes in the status quo of wages, hours, and terms and conditions of employment cannot be made by a public employer without providing notice to the employee's bargaining agent, and an opportunity to conduct meaningful negotiations, before implementing the change.  E.g., Florida School for the Deaf and Blind Teachers United v. Florida School for the Deaf and Blind, 11 FPER  & 16080 (1985), aff=d, 483 So.2d 58 (Fla. 1^st DCA 1986)...

... [the evidence] indicates that the School Board=s obligation was limited to a fixed amount and, although it has in the past paid more than that amount when it=s health insurer raised premiums, it has decided in the instant situation to charge the increase in premium to its employees... consequently, without more, there would not appear to be an unfair labor practice in the School Board=s actions in charging members of the bargaining unit for an insurance rate increase above that which the School Board is obligated to pay in the respective collective bargaining agreements.@

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CA-2001-076; Order 01GC-327 (December 28, 2001)

DUNEDIN FIREFIGHTERS ASSOCIATION, LOCAL 2327, Charging Party,

v.

CITY OF DUNEDIN, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by unilaterally changing the past practice of permitting employees to visit stores during work hours.

AThe charge fails to identify the city representative or representatives who informed the employees that the store station policy was changing, the specific dates of this conversation, what that person or persons told the employees about the change, and the identity of the bargaining unit employees who were notified of the change.  In addition, the charge fails to establish whether the employees were informed of the alleged change verbally or in writing.@

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CA-2001-077, CA-2001-078; Order 01GC-328 (December 28, 2001)

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

v.

CITY OF JACKSONVILLE, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by unilaterally revoking the union right to have its own bulletin board at the work locations on which to post notices to employees.  In its second charge, PACE contends that the city has refused to allow its elected employee officers or stewards to work on union business on work time without having to take time off.

AThe instant charges involves the same type of contractual union benefit [as in the previously filed charges by PACE] that does not become a status quo item once the contract lapses, as it has in regard to both of these bargaining units.@

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CB-2001-034; CB-2001-035; Order 01GC-329 (December 28, 2001)

DAVID GREEN, Charging Party,

v.

TRANSPORT WORKERS UNION, LOCAL 29, AFL-CIO, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by apparently withdrawing his grievance at the third step of the process and refusing to demand to impact bargain the decision of his employer.

At least, Green must ascertain the status of his grievance by inquiring with the employer=s personnel or human relations office or with the union.  Apparently, the disputes between Green and his employer arose in 1990, consequently, Green=s current unfair labor practice charge is untimely.

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BP-2001-012 (Relates to CB-2000-011); Order 01U-330 (December 21, 2001)

GARY C. WILLIAMS, Charging Party,

v.

AFSCME FLORIDA COUNCIL 79, Respondent.

PERC affirms the hearing Officer=s recommended order finding the union breached its duty of fair representation and adopts the Hearing Officer=s recomendations regarding back pay and attorneys fees and costs.

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

[From Attorney General=s Appellate Alert]

**Sunshine - school advisory councils...  In response to a request from the Collier County School Board attorney, the Attorney General issued an advisory opinion stating in sum:  "Members of school advisory councils, which are created pursuant to section 229.58, Florida Statutes, are subject to the criminal penalties imposed for knowingly violating the Government in the Sunshine Law."  [(AGO-2001-84, 12/13/01)]@

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**Roles of school board and superintendent...  In response to a request from the attorney for the Palm Beach County School District, the Attorney General issued an advisory opinion stating in sum:  "1) Absent a showing of good cause, the school board must accept employment recommendations made by the superintendent, including a recommendation for the transfer of an employee.  While the superintendent may suspend employees under emergency circumstances, the school board determines whether just cause is present to formally suspend or dismiss an employee; 2) While demotion is not defined in the Florida School Code, the term encompasses a change in an employee's classification to one having a lower maximum salary or lower level of responsibility, and has been judicially recognized to include moving an employee from continuing contract status to employment under an annual contract; 3) The Florida School Code does not contemplate that the school board will adopt policies governing the superintendent's exercise of authority in personnel recommendations such as transfers; however, the superintendent is directed to act under the advice and counsel of the school board." [(AGO-2001-85, 12/17/01)]@

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**School readiness coalitions...  In response to a request from the attorney for the Seminole County School District, the Attorney General issued an advisory opinion  stating in sum:  "1) School readiness coalitions created pursuant to section 411.01, Florida Statutes, would appear to be public agencies in their relationship with the Florida Partnership for School Readiness and the Agency for Workforce Innovation, and therefore subject to audits for expenditures of public funds, performance review, and the requirements of Chapter 119, Florida Statutes;  2) While a school readiness coalition must conform to the program approved by the Florida Partnership for School Readiness, there is no statutory requirement that a coalition enter into a contract with the partnership in order to be eligible for funds and to carry out its duties;  3) Development of a plan by a school readiness coalition and approval of such plan by the Florida Partnership for School Readiness qualifies a coalition to receive funds and to carry out its duties; this office cannot read into the statute additional requirements for a plan or contract with the Comptroller before such funds may be disbursed.  However, the Comptroller is authorized to require documentation prior to releasing funds to a coalition." [(AGO-2001-86, 12/19/01)]@

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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.

The Florida School Labor Relations Service

is a joint venture of the

Florida School Boards Association

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

850/414-2587 - SUNCOM 994-2587

FAX - 850/414-2585 - SUNCOM 994-2585