VOL. XXV . . . . . . . . . . . . . . . September 5, 2001 . . . . . . . . . . . . . . . . .NO. 30

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

 

UC-2001-041;Order 01E-214(August 28, 2001)

ST. LUCIE COUNTY CLASSROOM TEACHERS' ASSOCIATION, Petitioner,

v.

SCHOOL BOARD OF ST. LUCIE COUNTY, Respondent.

PERC grants the union=s petition to include one of the six classifications requested to be placed in certification 10 for the instructional unit.  A.. the parties settled all disputed issues by agreeing to include the classification of augmentative/assistive technology/specialist in the unit and to withdraw the other five classifications from the petition.@

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RD-2001-004;Order 01E-215(August 29, 2001)

JOSEPH F. GOING, Petitioner,

v.

FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF

PUBLIC AND PRIVATE EMPLOYEES, (AFL-CIO), Respondent,

v.

POLK COUNTY BOARD OF COUNTY COMMISSIONERS, Intervenor.

PERC determines an appropriate blue-collar unit and orders a secret ballot election.

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AC-2001-014;Order 01E-216;August 29, 2001)

IN RE:  PETITION OF SOUTHWEST FLORIDA PROFESSIONAL FIRE FIGHTERS & PARAMEDICS, LOCAL 1826, IAFF, INC., CERTIFICATION NO. 1026

PERC grants the petition to change the name of the certified agent

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**CA-2001-032;Order 01U-217(August 29, 2001)

OSCAR WALKER, Charging Party,

v.

DUVAL COUNTY SCHOOL BOARD, Respondent.

PERC affirms the General Counsel=s summary dismissal of the charge.

AOn June 27, the General Counsel deemed the charge insufficient to establish a prima facie violation of any unfair labor practice provision because it failed to state a cause of action under Chapter 447, Part Il.  On July 16, Walker appealed the General Counsel's dismissal of his unfair labor practice charge to the Commission.  Upon review, we conclude that Walker's charge was properly dismissed for the deficiencies identified in the General Counsel's summary dismissal.@

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AC-2001-015;Order 01E-218(August 29, 2001)

IN RE:  PETITION OF SOUTHWEST FLORIDA PROFESSIONAL FIRE FIGHTERS & PARAMEDICS, LOCAL 1826, IAFF, INC., TO AMEND CERTIFICATION 921.

PERC grants the petition to amend the certification to reflect the name change for the exclusive bargaining agent.

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AC-2001-011;Order 01E-219(August 29, 2001)

IN RE:  PETITION OF FLORIDA POLICE BENEVOLENT ASSOCIATION,

INC., TO AMEND CERTIFICATION NO. 667.

PERC grants the petition to amend the certification to reflect the name change for the exclusive bargaining agent.

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AC-2001-012;Order 01E-220(August 29, 2001)

IN RE:  PETITION OF FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., TO AMEND CERTIFICATION NO. 1228.

PERC grants the petition to amend the certification to reflect the name change for the exclusive bargaining agent.

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RC-2001-034;Order 01E-221(August 29, 2001)

PINELLAS PARK FIREFIGHTERS ASSOCIATION, LOCAL 2193 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Petitioner,

v.

CITY OF PINELLAS PARK, Respondent.

PERC finds the petition for an Aopt-in@ election for certification 256 sufficient and orders a secret ballot election.

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RC-2001-042;Order 01E-222(August 30, 2001)

CHARLES E. BROOKFIELD LODGE #86, FRATERNAL ORDER OF POLICE, Petitioner,

v.

ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent.

PERC dismisses the petition to certify a unit because the union is not properly registered as an employee organization.

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RC-2000-045; Order 01E-223(August 31, 2001)

STATE EMPLOYEES ATTORNEYS GUILD, FPD, NUHHCE, AFSCME, AFL-CIO, Petitioner,

v.

STATE OF FLORIDA, Respondent.

PERC denies the union=s motion for reconsideration of its dismissal of this representation-certification petition.

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CA-2001-044;Order 01GC-224(August 31, 2001)

FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO, Charging Party,

v.

FLORIDA DEPARTMENT OF LOTTERY, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by refusing to bargain with the Federation over the impact of the Agency's decision to require employees to take one ­hour lunch breaks, thereby extending their work hours.  Copies of the collective bargaining agreement were not submitted.

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CA-2001-045;Order 01GC-225(August 31, 2001)

CINDY HARRINGTON, Charging Party,

v.

CITY OF MIAMI BEACH, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by using an employee in a higher classification to collect delinquent resort taxes rather than two employees as in the past.  The charge was, as well, untimely filed.

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

[From Attorney General=s Appellate Alert]

11^th U.S. Circuit Court of Appeals

AUniversity race-based admissions policy...  The University of Georgia's freshman admissions policy, which grants preferential treatment to non-white applicants, is unconstitutional because it arbitrarily boosts non-whites without ensuring a boost to campus diversity, the 11^th U.S. Circuit Court of Appeals held.

The policy, which awarded race-based points to some students, was part of the university's attempt to increase diversity and overcome decades of discriminatory practices.  The 11^th Circuit agreed that race can be considered as one factor in encouraging diversity, but said it cannot ensure diversity without a more thorough review of each applicant's background.

"A policy that mechanically awards an arbitrary >diversity= bonus to each and every non-white applicant at a decisive stage in the admissions process, and severely limits the range of other factors relevant to diversity that may be considered at that stage, fails strict scrutiny and violates the Equal Protection Clause of the Fourteenth Amendment," the court said.  "(T)he policy must ensure that race-neutral factors which contribute to a diverse student body are considered fully and fairly along with race in making admissions decisions.  We assume that there is value in having a racially-diverse student body.  But racial diversity alone is not necessarily the hallmark of a diverse student body, and race is not necessarily the only, or best, criterion for determining the contribution that an applicant might make to the broad mix of experiences and perspectives that creates the value UGA asserts in diversity.  An admissions policy that seeks to achieve student body diversity by allowing some applicants to be treated more favorably than others based on race must ensure full and fair consideration of other, race-neutral characteristics that contribute to a truly diverse class of students."  Sorry, no on line link!  [Johnson vs. Board of Regents of the University of Georgia, 8/27101]@

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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

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

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