VOL. XXV  . . . . . . . . . . . . . October 10, 2001 . . . . . . . . . . . . . . . . NO. 35

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

 

Case No. AC-2001-027;Order 01E-258(October 2, 2001)

IN RE:  JOINT PETITION OF FLORIDA BOARD OF EDUCATION AND FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO TO AMEND CERTIFICATION NO. 732.

ANeither party objected to the hearing officer's recommendation during the exceptions period.  For this reason, and because the hearing officer's analysis is consistent with pertinent law, the hearing officer's recommended order is adopted as a part of this order and certification 732 is amended to show the Florida Board of Education as employer.@

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CA-2001-043;Order 01GC-259(October 3, 2001)

TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, LOCAL 291, Charging party,

v.

MIAMI-DADE COUNTY, Respondent.

The General Counsel summarily dismisses that portion of the charge that the employer violated the Act by interfering with the administration of the union.  That portion of the charge alleging that the county unilaterally changed the terms of a collective bargaining agreement by requiring local 291 to provide specific information regarding the activities of employees who are Abooked off@ to perform union business during work hours is found sufficient.  The charge is also sufficient with regard to the allegation that the County unilaterally altered a past practice by requiring local 291 to disclose information about employees who received counseling under the member assistance program.

ABecause this case may involve disputed issues of material fact, an evidentiary

hearing will be scheduled.  Each representative will be contacted to schedule a mutually

acceptable date, time and place for the evidentiary hearing.@

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UC-2001-046;Order 01E-260(October 3, 2001)

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Petitioner,

v.

CITY OF HIALEAH, Respondent.

PERC grants the union=s petition to clarify unit 1336 to include the classifications of Complaint Officer, Fire Communications Supervisor, I.D. Technician I, Maintenance & Construction Crew Foreman, Police Communications Supervisor, and Public Service Aide in a wall-to-wall bargaining unit of personnel.

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AC-2001-028;Order 01E-261(October 3, 2001)

IN RE:  JOINT PETITION OF FLORIDA BOARD OF EDUCATION AND FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO TO AMEND CERTIFICATION NO. 733.

AUpon consideration of the petition and for the reasons stated by the hearing officer, we agree that the petition should be granted. See, e.g , In re:  Petition of JEA Supervisors Association to Amend Certification 394, 25 FPER & 30132 (1999).

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CA-2001-017;Order 01U-262(October 3, 2001)

COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, Charging Party,

v.

CITY OF ORMOND BEACH, Respondent.

PERC affirms the General Counsel=s summary dismissal of the charge that a police officer was discriminated against in the manner in which he was paid and then terminated.  All exceptions were denied.

AOn August 6, the hearing officer issued an order in which he concluded that Georgio engaged in protected, concerted activity in complaining to the City Commission about the pay dispute, but that this activity was not a substantial or motivating factor in the decision of the City to terminate him from its employment.  Consequently, the hearing officer concluded that the City did not commit an unfair labor practice and recommended that the Commission dismiss the PBA's charge.@

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UC-2001-022;UC-2001-034;Order 01E-263(October 4, 2001)

JEA SUPERVISORS ASSOCIATION, Petitioner,

v.

JEA, Respondent,

v.

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Intervenor.

AThe September 17, 2001, final order failed to expressly include Sheila Newcomer on the list of employees to be placed in the bargaining unit represented by Council 79, although this was implied.  Accordingly, the final order is clarified to expressly include Newcomer on this list.  This is a clerical modification of the final order and does not extend the time for seeking appellate court review.@

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UC-2001-047;Order 01E-264(October 4, 2001)

PROFESSIONAL FIREFIGHTERS OF MARCO ISLAND, LOCAL 2887, Petitioner,

v.

CITY OF MARCO ISLAND, Respondent.

PERC grants the union=s petition to clarify unit 616 to abolish the classification Lieutenant.

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MS-2001-001; Order 01E-265(October 8, 2001)

IN RE:  PETITION OF FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE CONCERNING CITY OF NAPLES MINI-PERC.

AOn May 14, 2001, the Commission issued an order assuming jurisdiction of all cases involving the City's mini-­PERC upon notification that the mini-PERC had been dissolved...

...  Accordingly, certification 281 is revoked.  Moreover, the FOP is certified as the exclusive bargaining representative for the following bargaining unit of rank-and file police officers:

INCLUDED:  All sworn police officers employed by the City of Naples in the classification of police officer.

EXCLUDED:  All other employees of the City of Naples.

Certification No.  1344 is issued to the Florida State Lodge, Fraternal Order of

Police, Inc., for this bargaining unit.

Additionally, the FOP is certified as the exclusive bargaining representative for the following bargaining unit of supervisory police officers:

INCLUDED:  All sworn police officers employed by the City of Naples in the classification of sergeant.

EXCLUDED:  All other employees of the City of Naples.

Certification No.  1345 is issued to the Florida State Lodge, Fraternal Order of Police, Inc., for this bargaining unit.

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**CA-2001-052;CB-2001-017;Order 01GC-266(October 9, 2001)

KIRK ERIKSEN, Charging Party,

v.

SARASOTA COUNTY SCHOOL BOARD, Respondent.

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KIRK ERIKSEN, Charging Party,

v.

SARASOTA CLASSIFIED/TEACHERS ASSOCIATION, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by not Eriksen and other teachers for the first week of school.

AThe Commission does not have plenary powers to resolve all labor disputes between public employees and their employers.  Rather, its jurisdiction is limited to protecting those rights provided public employees by Chapter 447, Part II, Florida Statutes.  That jurisdiction does not include the authority to intervene in a pay dispute between a public employee and his employer on the employee's behalf.  See Ebelini v. Edison Community College, 16 FPER & 21265 (1990) (Commission had no authority to assist employee whose wages were withheld pending his signing of a drug-free pledge); Ritcey v. School Board of Palm Beach County, 8 FPER & 13282 (1982) (individual employees have no standing to file an unfair labor practice charge against their employer for making unilateral changes in wages, hours, and terms and conditions of employment).  Therefore, Eriksen's charge against the School Board fails to establish a prima facie violation.

Eriksen's charge against the Association encompasses five separate concerns. All, however, suffer from the same procedural defect:  the absence of specific factual details. Section 447.503(1), Florida Statutes, and Florida Administrative Code Rule 38D-21.001(3), require a charge to contain a clear and concise statement of the facts constituting the alleged unfair labor practice and to be accompanied by documentary evidence sufficient to support a prima facie violation.@

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PART II . . . . . . . . . . . . . . . . . . . . . . . COURT ORDERS

[From Attorney General=s Appellate Alert]

11^th U.S. Circuit Court of Appeals

ASexual harassment claim by public employee...  A former public employee who quit her job when her evaluations suffered after the end of an affair with a supervisor does not have grounds for a sexual harassment suit because the evaluations were not prompted by retaliation, the 11^th U.S. Circuit Court of Appeals said.

The court said former Temple Terrace municipal employee Harle Houldsworth was not constructively discharged from her city job, even though her evaluations started to decline soon after she ended a romantic affair with an assistant city manager, Daniel Klein.  The court noted that Houldsworth's evaluations were not prepared by her ex-lover, and that the negative evaluations were in response to what the court called "well-documented" deficiencies in her job performance.  The 11^th Circuit said that Houldsworth's claim that her immediate supervisor gave her bad evaluations out of friendship for Klein's wife only served to demonstrate that, at worst, the evaluations were motivated by personal animosity rather than sexual harassment or retaliation.

"(H)arassment, if any, suffered by Ms. Houldsworth was not the result of her gender, but rather in response to possible disappointment Klein may have experienced as a result of their failed relationship," the court said.  [Pipkins v. City of Temple Terrace,[Not On Line]

9/28/01]@

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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.

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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.

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Florida School Labor Relations Service

203 South Monroe Street

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