OFFICIAL PEUBLICATION OF THE FLORIDA SCHOOL LABOR RELATIONS SERVICE
OFFICIAL PEUBLICATION OF THE O R D E R
S U M M A R Y
PLEASE COPY TO SCHOOL BOARD MEMBERS
AND
ADMINISTRATORS AS NEEDED.
**School Board
Cases
VOL. XXVI . . . . . . . . . . . . February 6, 2002 . .
. . . . . . . . . . . . NO. 04
PART I . . . . . . . . . .
. . . . . . . . . . . . . . ORDERS ISSUED BY PERC
UC-2001-056; Order 02E-016
(January 29, 2002)
GOVERNMENT SUPERVISORS
ASSOCIATION OF FLORIDA/OFFICE & PROFESSIONAL EMPLOYEES INTERNATIONAL UNION
LOCAL 100, Petitioner,
v.
MIAMI-DADE COUNTY,
Respondent.
PERC grants the union=s petition to clarify
certification 1090 to include 43 classifications of professional,
non-supervisory employees. No
exceptions were filed by either party.
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
CA-2002-007; Order 02GC-017
(February 1, 2002)
NATIONAL CONFERENCE OF
FIREMEN & OILERS, SEIU, LOCAL 1227, Charging Party,
v.
CITY OF RIVIERA BEACH,
Respondent.
The General Counsel
summarily dismisses the charge that the employer violated the Act by refusing
to allow someone to participate in negotiations.
AIt is unclear from the
charge itself why the City refused to allow McDyer to participate in
negotiations on December 20 or what actually occurred and was said ...
... While some of the
required specific information concerning why the City could have refused to
allow McDyer to participate in negotiations on December 20 may be discernable
from the supporting documents, a factually deficient charge cannot be cured by
resorting to the supporting documents.@
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
DS-2001-001; Order 02DS-018
(February 1, 2002)
IN RE: PETITION FOR DECLARATORY STATEMENT OF MARY
W. ZALESKI.
AIn essence, the petition
asks whether the Florida Supreme Court=s decision in the City
of Tallahassee vs. Public Employee Relations Commission, 410 So.2d 487
(Fla. 1981), obligates to the City of
Tampa (City) and local 754 or other unions representing City employees to
negotiate or to authorize enhancements of retirement benefits for City retirees
...
... As the City of Tallahassee case is
not an order of the Commission, the questions posed are not properly presented
to the Commission in a petition for a declaratory statement ...
... We also do not believe that the City or its
unions are required by Chapter 447, Part II, Florida Statutes, to negotiate
over the terms of retirement benefits for retirees. Section 447.203(14), Florida Statutes, defines collective bargaining
as the performance of mutual obligation of the public employer and the
bargaining agent to negotiate in good faith and execute a written contract with
respect to Aterms and conditions of employment@ of public employees.@
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
RC-2001-048; 057; Order
02E-019 (February 4, 2002)
TEAMSTERS LOCAL UNION NO.
385, Petitioner,
v.
CITY OF DELAND (DELAND
POLICE DEPARTMENT),
Respondent.
PERC approves the consent
election agreement for a police officer and sergeant unit and a police
lieutenant unit. A secret ballot
election is ordered to be held for each of the units.
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
RC-2001-045; Order 02E-020
(February 4, 2002)
CHARLES E. BROOKFIELD LODGE
#86, FRATERNAL ORDER OF POLICE, Petitioner,
v.
ORANGE COUNTY BOARD OF
COUNTY COMMISSIONERS, Respondent.
PERC resolves the questions
of managerial and confidential status and orders a secret ballot election for
employees in the classification of Lieutenant.
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
UC-2001-053; Order 02E-021
(February 4, 2002)
GOVERNMENT SUPERVISORS
ASSOCIATION OF FLORIDA OFFICE & PROFESSIONAL EMPLOYEES, INTERNATIONAL
UNION, LOCAL 100, Petitioner,
v.
MIAMI-DADE COUNTY,
Respondent.
PERC grants the union=s petition to clarify unit
584 to include numerous classifications in this supervisor unit. Accordingly, certification 584 is clarified
as follows B To include all regular full-time and regular part-time
nonprofessional supervisors employed by Metropolitan Dade County and/or public
health trust and/or Miami-Dade water and sewer authority in Appendix A. [If you
need copy of the eight paged Appendix please let me know.]
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
RC-2001-055; Order 02E-022
(February 4, 2002)
TEAMSTERS LOCAL UNION NO.
385, Petitioner,
v.
TOWN OF OAKLAND,
Respondent,
PERC approves the consent
election agreement for a sworn law enforcement officer unit and orders a secret
ballot election.
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
RC-2001-063; Order 02E-023
(February 4, 2002)
PINELLAS LODGE NO. 43,
FRATERNAL ORDER OF POLICE, Petitioner,
v.
TOWN OF INDIAN SHORES,
Respondent,
v.
PINELLAS COUNTY POLICE
BENEVOLENT ASSOCIATION, INC., Intervenor.
PERC approves the consent
election agreement for a unit of detective/sergeant, corporal, patrol officer,
and dispatcher.
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
CA-2001-075; Order 02GC-024
(February 1, 2002)
COASTAL FLORIDA POLICE
BENEVOLENT ASSOCIATION, INC, Charging Party,
v.
CITY OF PORT SAINT LUCIE,
Respondent.
The General Counsel
summarily dismisses the amended charge that the employer violated the Act by
threatening an employee with reprisals for participation in negotiations.
AIn the instant case the
charge and supporting documents do not show that Beck was threatened with
discipline or that the above-referenced officers were threatened with loss of
their recent promotions ...
Finally, the PBA alleges
the City violated section 447.501(3), Florida Statutes. However, this Afree speech@ provision does not denote
an unfair labor practice violation.
Rather, it constitutes affirmative defense in cases of alleged unlawful
threats but does not establish a separate unfair labor practice.@
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
PART II . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . Court Orders
[From Attorney General=s Appellate Alert]
11th U.S.
Circuit Court of Appeals
AFair labor law - employee's right to
seek injunction ... Victimized employees, and
not just the U.S. Secretary of Labor, have the right under the Fair Labor
Standards Act to seek a preliminary injunction to stop employers from taking
retaliatory actions against them, the 11th U.S. Circuit Court of
Appeals said.
Though it ruled in 1998
that the secretary alone could bring an action for injunction relief for
violations of the FLSA's wage and overtime provisions, the court said other
provisions of the law provide a private right of action for employees who
believe they have been the target of retaliation. The court ruled in favor of a group of Florida taxi drivers who
were fired shortly after suing their employer for failing to pay minimum wages
in violation of the FLSA. The 11th
Circuit said the anti-retaliation provision of the law was meant to foster a
climate that enhances compliance with the law by protecting employees who come
forward with complaints, including allowing them to act on their own to seek
reinstatement to their positions through injunctions.
"Employees may be much
less likely to stand up for their substantive rights under the statute if they
know that months or years will pass before a court can act to halt prohibited
intimidation by their employer. When an
employee has demonstrated a likelihood of success on the merits and satisfied
the other requirements for preliminary injunctive relief, allowing for such
relief to put the employee back in the position he held before the employer's
retaliatory conduct is ... a form of equitable relief that effectuates the
purposes of the anti-retaliation provision," the court said. [Bailey, et al., v. Gulf Coast
Transportation, et al., 1/29/02]@
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
PART V . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Special Master
**Leon County School Board
AND
Leon Classroom Teachers'
Association (Dr. James J. Sherman) (January 6, 2002)
ISSUE: Whether the School Board's final contract
proposal was appropriate as measured by the "Factors to be
Considered" spelled out in Florida Statute 447.504.
ABased upon all the evidence
made available at the hearing, the Special Master cannot support the
Association's position that the District has the necessary funds to provide for
a salary increase. Nor is the evidence
so persuasive that the Special Master should feel compelled to direct the
District to modify its priorities and transfer more funds from other accounts
to provide for teachers' salaries. The
Special Master's function is not to assign priorities: it is simply to decide whether the Employer
has bargained in good faith. Bearing in
mind that there is wide social concern about the State's economic future, the
Special Master can appreciate the District's conservative approach to funding
for recurring expenses such as salaries.
Accordingly, the Special Master has to support the District's right to
withhold salary increases at this time.@
= = = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
==================================================================
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