OFFICIAL PUBLICATION OF THE
FLORIDA SCHOOL LABOR RELATIONS SERVICE
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. XXV April
11, 2001 NO. 13
PART I. ORDERS ISSUED BY PERC
UC-2001-008; Order
01E-080 (April 2, 2001)
NATIONAL CONFERENCE OF
FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, Petitioner,
v.
PINELLAS SUNCOAST TRANSIT
AUTHORITY, Respondent.
PERC dismisses the
petition to clarify unit 681 to exclude from the bargaining unit the
classifications of safety and training instructor and safety and training
coordinator. Local 1220 also sought to
have Michael Gloss and Roger Fling, two employees in the classification of supervisor-safety
and training, designated as managerial and/or confidential employees. The PSTA did not file a response.
AOn February 22, the
Commission-appointed hearing officer ordered Local 1220 to show cause why its
petition should not be dismissed because it seeks to exclude classifications
that have not been included in the non-supervisory blue-collar unit at
issue. Local 1220 did not respond to
the show cause order. On March 9, the
hearing officer issued an order recommend-ing that the petition be
dismissed. No exceptions to the recommendation
have been filed.@
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UC-2001-004; 006; 007;
Order 01E-081 (April 3, 2001)
HERNANDO COUNTY,
Petitioner,
v.
HERNANDO COUNTY
PROFESSIONAL FIREFIGHTERS, IAFF, LOCAL 3760, Respondent.
PERC denies the petition
seeking to merge three existing units into one bargaining unit and add a newly
created position of firefighter/EMT to this new bargaining unit.
AWe agree with the hearing
officer that a unit clarification petition is not the appropriate procedure for
restructuring bargaining units. As the
Commission stated in Sarasota County PBA v. City of Sarasota, 7 FPER & 12339 (1981), such
restructuring can only be accomplished by filing a recognition-acknowledgment
petition or a representation-certification petition pursuant to Section
447.307, Florida Statutes. See Broward
County Professional Paramedics and Fire Fighters; International Association of
Fire Fighters, Local 3333, AFL-CIO, 18 FPER & 23123 (1992) (Commission
approved recognition-acknowledgment petition which sought to merge two
bargaining units).@
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CB-2000-011; Order
01U-082 (April 3, 2001)
GARY C. WILLIAMS,
Charging Party,
v.
AFSCME FLORIDA COUNCIL
79, Respondent.
PERC finds that AFSCME
breached its duty of fair representation Aby the arbitrary manner
in which it processed Williams' grievance ...
Williams would have prevailed in his grievance at arbitration ... Williams is entitled to an award of
reasonable attorney's fees and his costs of litigation ... Williams is entitled to back pay from the
date of his dismissal to the date he is either employed or should have been
employed in a substantially comparable position.@
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CA-2001-017; Order
01GC-083 (April 3, 2001)
COASTAL FLORIDA POLICE
BENEVOLENT ASSOCIATION, Charging Party,
v.
CITY OF ORMOND BEACH,
Respondent.
The General Counsel summarily
dismisses the charge that the employer violated the Act by refusing to bargain in
good faith. However, that portion of
the charge alleging that Georgio was discriminated against and discharged for
participation in protected activity B complaining that he and others were
receiving excellent evaluations but still not placed on the appropriate pay
scale B is found sufficient and
ordered to an evidentiary hearing.
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EL-2001-008 (Relating to
RC-2000-049); Order 01E-084 (April 3, 2001)
FLORIDA STATE LODGE,
FRATERNAL ORDER OF POLICE, INC., Petitioner,
v.
CITY OF FORT LAUDERDALE,
Respondent,
v.
BROWARD COUNTY, LOCAL
UNION 532, AFSCME, Intervenor.
AThe Commission allows
employees to vote by absentee ballot only when their absence from the polling
area is beyond their control because it results from the performance of duties
within the normal scope of their employment.
See Office, Clerical, and Professional Employees Union, Local
1222, IBF&O, AFL-CIO v City of St Petersburg, 18 FPER & 23013 (1991); Central
Florida Professional Fire Fighters Association, Local 2057, IAFF v. Orange
County Board of County Commissioners, 9 FPER & 14014 (1982).
The City has asserted a
valid basis for its request of absentee ballots, but it has failed to comply
with Florida Administrative Code Rule 28-106.204(3), requiring it to state
whether the other parties have an objection to the motion. However, in consideration of the short
period of time before the representation election, we grant the City's motion.
Accordingly, the seven
above listed employees shall be allowed to vote by absentee ballot.@
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RC-2000-088; Order
O1E-085 (April 5, 2001)
AMALGAMATED TRANSIT UNION
LOCAL 1395, AFL-CIO, Petitioner,
v.
ESCAMBIA COUNTY BOARD OF
COUNTY COMMISSIONERS, Respondent.
PERC finds an appropriate
bargaining unit for all full-time and regular part-time white-collar employees
and orders a secret ballot election.
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EL-2001-011 (Relates to
RC-2000-095) (April 6, 2001)
NORTHEAST FLORIDA PUBLIC
EMPLOYEES' LOCAL UNION 630, LIUNA, AFL-CIO, Petitioner,
v.
CITY OF NEPTUNE BEACH,
Respondent.
Election results and
order certifying unit 1324 for all supervisory employees of the City of Neptune
Beach in the classifications of lead operator, utility billing supervisor,
supervisor/ streets & drainage; and supervisor/water & sewer. 4 eligible voters cast 3 ballots for the
union.
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CA-2001-018; Order
01GC-086 (April 9, 2001)
FLORIDA STATE LODGE,
FRATERNAL ORDER OF POLICE, BY ITS REPRESENTATIVE, FRATERNAL ORDER OF POLICE
LODGE #25, Charging Party,
v.
CITY OF ORLANDO,
Respondent.
The General Counsel summarily
dismisses the charge that the employer violated the Act by discriminating against
employees for participation in protected activity. A[T]here is no evidence in
the charge that any police officer or police sergeant has engaged in protected,
concerted activity or that the City was motivated to retaliate against any
police officer or police sergeant for having engaged in protected, concerted
activity.@
That portion of the
charge alleging that the city refuses to bargain with the duly certified
bargaining agent is found sufficient and ordered to an evidentiary hearing.
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EL-2001-012 (Relates to
RC-2000-093) (April 9, 2001)
COMMUNICATIONS WORKERS OF
AMERICA, Petitioner,
v.
ALACHUA COUNTY SHERIFF'S
OFFICE, Respondent.
Election results and
order dismissing the petition to represent all full-time, certified detention
(corrections) officers employed or appointed by the Alachua County Sheriff in
the classifications of detention officer through detention sergeant. 165 eligible voters cast 63 ballots for and
80 against the union.
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AC-2001-002; 001; Orders
01E-087; 088 (April 9, 2001)
IN RE: PETITION OF INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES, AFL-CIO, LOCAL UNION 2301 TO AMEND CERTIFICATION 986; 848.
PERC grants the petition
to make a minor name change in the name of the exclusive bargaining agent - Asubstituting Union for
Brotherhood.@
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PART II Court Orders
[From Attorney General=s Appellate Alert]
Florida Supreme Court
AAttorney's fees in
arbitration cases ... Despite the stated
policy of the Florida Arbitration Code and the practices of a national
organization, arbitrators are to set out the basis for their awards so that
trial courts can properly grant attorney's fees, the Florida Supreme Court
held.
Standard arbitration
practice has allowed arbitrators to withhold the reasons behind their
decisions, even where the party initiating the arbitration proceeding has
argued several grounds. This practice
is "inadequate and inconsistent" with the Legislature's policy goal
of authorizing trial judges to set attorney's fees in arbitration proceedings,
the court said.
"We hold today that
where a party brings claims in arbitration based upon several theories, one or
more of which provide for the recovery of attorney's fees, the arbitration
award must specify the theory under which the claimant prevailed, or otherwise
clearly indicate whether the claimant has prevailed on a theory that would
permit the trial court to award fees," Justice Anstead wrote for the
unanimous court. "We conclude that
to the extent that knowledge of the basis of an award is necessary for the
subsequent determination of an entitlement to attorney's fees, an award without
a basis is per se inadequate and subject to correction by the trial
court." [Moser vs. Barron Chase Securities, Inc., 4/5/01]@
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2nd District
Court of Appeal
AConsultants vs.
unauthorized practice of law ... Despite
the judiciary's appropriate role in stopping the unauthorized practice of law,
courts should be careful not to intrude on legitimate consulting work that
deals with legal matters, the 2nd DCA warned.
The DCA overruled a lower
court's finding that a consulting contract was invalid because it amounted to a
contract for the unauthorized practice of law.
The contract, which the DCA agreed was "poorly drafted," was
for a consultant to handle details of condemnation litigation.
"We, as part of the
legal profession, should be ever vigilant to protect the public from those who
seek to provide legal services without the requisite training and
knowledge. However, we must also
recognize that there are people with experience and expertise capable of
providing valuable service to persons involved in legal proceedings without
crossing the line between legitimate consulting and the unauthorized practice
of law. We do a disservice to the
public if we prevent access to these services," the DCA said. [Gemini Ventures of Tampa vs. Hamilton Engineering & Surveying, 4/4/01]@
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Part VII. MISCELLANEOUS
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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