VOL. XXV                 July 11, 2001                        NO. 24

 

PART I.      ORDERS ISSUED BY PERC

 

UC-2001-037;Order 01E-163(July 3, 2001)

INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, AFL-CIO, LOCAL UNION 2301, Petitioner,

v.

CITY OF CAPE CORAL, Respondent.

PERC grants the union=s petition to clarify unit 1140 to include newly created classifications Abusiness opportunities/project coordinator, cafeteria manager, head cashier, operations retail manager, recreation facilities coordinator, sales and marketing manager, special populations supervisor, telecommunication supervisor, yacht club manager, and zoning supervisor.@

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RC-2000-045;Order 01E-164(July 3, 2001)

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

v.

STATE OF FLORIDA, Respondent.

PERC denies the motion to reconsider its June 11, 2001 order.

AIn Department of Corrections v. Saulter, 742 So.2d 368 (Fla. 1^st DCA 1999), the First District Court of Appeal concluded that the Commission did not have the authority to consider a motion for reconsideration notwithstanding that at the time of the decision the Commission had an existing rule to that effect.  See Fla. Admin.  Code Rule 38D-15.005 (motion for reconsideration authorized when a party alleged the Commission overlooked or misapprehended points of fact or law).  The court reached this conclusion because the Commission had failed to seek an exception to the Uniform Rules of Procedure, which the Commission had adopted and which made no reference to a motion for reconsideration.  Cf.  Crawford v. Department of Children and Families, Case Nos. 3D99-1704 and 3D99-2034 (Fla. 3rd DCA Jan. 12, 2000) (wherein the court determined that the Commission's rule authorizing a motion for reconsideration remained viable even after the Commission adopted the Uniform Rules of Procedure and certified conflict with the Saulter decision).  Effective April 13, 2000, the Commission repealed its rule authorizing the filing of a motion for reconsideration.@

PERC does not have the statutory authority to consider a motion for reconsideration.

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UC-2001-026;Order 01E-165(July 5, 2001)

NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU; LOCAL 1227, Petitioner,

v.

CITY OF BOYNTON BEACH, Respondent.

PERC grants, in part, the union=s petition to clarify unit 138 by retitling several positions.

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RC-2001-023;Order 01E-166(July 5, 2001)

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, INC., Petitioner,

v.

CITY OF BOYNTON BEACH, Respondent,

v.

PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Intervenor.

PERC approves the consent election agreement and orders a secret ballot election for a police officers and detectives unit.

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UC-2000-034;Order 01E-167(July 5, 2001)

CITY OF MIAMI BEACH, Petitioner,

v.

COMMUNICATIONS WORKERS OF AMERICA, Respondent,

v.

MARCIA KNOWLES AND SUSAN LOMANDO, Intervenors.

PERC grants the city and union=s petition to clarify unit 1047 to include several positions including the crime scene technicians in an unsworn clerical unit.

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EL-2001-020 (Relates to RD-2001-001)

CHRIS GILLUM, Petitioner,

v.

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Respondent,

v.

CITY OF PALMETTO POLICE DEPARTMENT, Intervenor.

Election results and order revoking certification 1275 for sworn police officers.  28 eligible voters cast 14 ballots against and 13 for the union.

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RC-2001-020;Order 01E-168(July 6, 2001)

CORAL GABLES WALTER F. STATHERS MEMORIAL LODGE #7, FRATERNAL ORDER OF POLICE, Petitioner,

v.

CITY OF CORAL GABLES, Respondent.

PERC determines an appropriate bargaining unit including lieutenants in a previously determined (and revoked 318) sworn law enforcement rank and file unit.  A secret ballot election is ordered.

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CA-2001-028;Order 01GC-169(July 6, 2001)

PAUL MICHAEL HAAS, Charging Party,

v.

CITY OF LIVE OAK, FIRE DEPARTMENT, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by failing to process in good faith a grievance.  That portion of the charge alleging that the City dismissed Haas for engaging in protected and union activities is sufficient to proceed to hearing.

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Part VII. MISCELLANEOUS