VOL. XXVI  . . . . . . . . . . . . April 10, 2002 . . . . . . . . . . . . . . NO. 11

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

 

AC-2001-031; Order 02E-084 (April 2, 2002)

IN RE:  PETITION OF SUNCOAST PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS, IAFF, LOCAL 2546, TO AMEND CERTIFICATION NO. 740.

PERC grants the petition to amend certification 740 to reflect Local 2546 as the exclusive bargaining agent.

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VP-2002-002; Order 02VP-085 (April 4, 2002)

MICHAEL S. MALLOR, Complainant,

v.

 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent.

AMallor alleged that the County violated his veteran's preference rights by failing to hire him for the position of real estate contract analyst ...  On February 25, the hearing officer issued an order directing Mallor to show cause why his veteran's preference appeal was not premature because it appeared that the Department of Veterans' Affairs (DVA) had not conducted an investigation or made findings regarding the merits of his veteran's preference complaint.@

PERC denies all four of Mallor=s exceptions to the hearing officer=s recommendations and dismisses the charge.

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**CA-2002-025; Order 02GC-086 (April 5, 2002)

JACKSON COUNTY EDUCATORS ASSOCIATION AND JACKSON EDUCATIONAL SUPPORT PROFESSIONAL ASSOCIATION, Charging Party,

v.

SCHOOL BOARD OF JACKSON COUNTY, FLORIDA, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by failing to provide employees represented by the JCEA and JESPA with a step increase while negotiations were pending, and by removing from negotiations a salary increase it had earlier proposed.

The charge does not contain a clear and concise statement of the facts constituting the alleged unfair labor practice and is not accompanied by documentary evidence sufficient to support a prima facie violation.  The requisite facts must be contained within the charge and must include the names of the individuals involved in the alleged unfair labor practice, and the time and place of occurrences of the particular facts giving rise to the dispute.  No information was provided as to when the step increase should have been given under the contracts and when and how the unions learned that these increases had not been paid.  Without those facts neither sufficiency or timeliness can be determined.

AThe charge also alleges that the School Board failed to bargain in good faith by withdrawing proposed salary increases from the parties= bargaining table.  It is unclear why the JCEA began negotiating over step increases in August 2001, when its contract does not expire until August 2003, and Article 19 of the contract does not include salaries among those items subject to re-opener negotiations.  Nevertheless, withdrawing a wage proposal from the bargaining table is not a per se violation of the School Board=s duty to bargaining in good faith.  See St. Petersburg Association Firefighters, Local 747 vs. City of Saint Petersburg, 9 FPER & 14356 (1983) (Ruling that a single incident of withdrawal by employer of its package proposal to which union had tentatively agreed was insufficient to establish the city failed to bargaining good faith.  Rather, an allegation of this nature requires an examination of the total conduct of the parties during negotiations as well as specific incidents of the alleged bad faith).@

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EL-2002-001(Relates to RC-2001-048) (April 8, 2002)

TEAMSTERS LOCAL UNION NO. 385, Petitioner,

v.

CITY OF DELAND, Respondent.

Election results and order certifying unit 1357 for police officers and sergeants except for sergeants assigned to internal affairs.  Fifty eligible voters cast 40 ballots for the union and 6 against.

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EL-2002-002 (Relates to RC-2001-057) (April 8, 2002)

TEAMSTERS LOCAL UNION NO. 385, Petitioner,

v.

CITY OF DELAND, Respondent.

Election results and order certifying unit 1358 for police lieutenants except for lieutenants assigned to internal affairs.  Five eligible voters cast 4 ballots for the union and 1 against.

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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