VOL. XXVI  . . . . . . . . . . September 11, 1002 . . . . . . . . . . . . . . NO. 27

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

 

CA-2002-064; Order 02GC-207 (September 4, 2002)

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Charging Party,

v.

RON McNESBY, SHERIFF OF ESCAMBIA COUNTY, Respondent.

The General Counsel summarily dismisses that portion of the charge alleging that the employer violated the Act by involuntarily transferring a member of the bargaining unit from the Field Training Officer (FTO) shift because he filed a grievance seeking special assignment pay.  Additionally, the PBA contends that Deputy Michael Kunert received a written reprimand for preparing, publishing, and distributing a PBA article critizing the Sheriff=s disciplinary process.

The enclosed copy of the reprimand indicates that Kunert was disciplined for distributing a PBA article.  Thus, that portion of the charge is sufficient to proceed to hearing solely on the issue of whether the Sheriff committed an unfair labor practice by disciplining Kunert for distributing the union article.

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**CA-2002-066;

CLASSROOM TEACHERS ASSOCIATION (CTA), Charging Party,

v.

SCHOOL BOARD OF ORANGE COUNTY, Respondent.

The General Counsel finds sufficient the charge alleging that Laura Wharton was not reappointed to her teaching assignment because she was discriminated against on account of her union activities.  The charge is ordered to an evidentiary hearing because the case involves disputed issues of material fact.

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**CB-2002-018; Order 02GC-208 (September 4, 2002)

SALVATORE DEREK CONIGLIO, Charging Party,

v.

BROWARD TEACHERS UNION LOCAL NO. 1975, Respondent.

The General Counsel summarily dismisses the amended charge that the union violated the Act by (1) misrepresenting him; (2) lying; (3) breaching his confidentiality; (4) defaming his character; and (5) refusing to resolve his concerns.  The charge was summarily dismissed on August 6.  Nothing submitted with the amended charge alters the fact that none of these charges are sustainable.

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RC-2002-036; Order 02E-206 (September 4, 2002)

TEAMSTERS LOCAL UNION No. 385, Petitioner,

V.

CITY OF WINTER GARDEN, Respondent.

PERC approves the consent election agreement and orders a secret ballot election for police officers and police corporals except the internal affairs corporal.

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CB-2002-020; Order 02GC-210 (September 4, 2002)

ALLEN PHILLIPS, Charging Party,

v,

PINELLAS COUNTY POLICE BENEVOLENT ASSOCIATION, INC, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by breaching its duty of fair representation.  All the alleged incidents involving the PBA occurred on or prior to September 17, 2001.  The charge is insufficient because it is untimely filed.

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LABORERS= INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 678, AFL-CIO, Charging Party,

v.

GREATER ORLANDO AVIATION AUTHORITY, Respondent.

PERC affirms the General Counsel=s summary dismissal of the charge that the authority violated the Act by unilaterally increasing security requirements for members of the bargaining unit.

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EL-2002-025 (Relates to RD-2002-005) (September 6, 2002)

STEPHEN MUTSCHULER, Petitioner,

v.

SCHOOL EMPLOYEES UNION, NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1221, SEIU, AFL-CIO, CLC, Respondent,

v.

PINELLAS SUNCOAST TRANSIT AUTHORITY, Intervenor.

Election results and order revoking certification No.969.  Seventeen eligible voters cast eight ballots against and six for the union.

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EL-2002-024 (Relates to RD-2002-004)             

GARY F. MORRIS, Petitioner,

v.

NATIONAL CONFERENCE OF, FIREMEN AND OILERS, LOCAL 1220, SEIU, AFL-CIO, CLC, Respondent,

v.

PINELLAS SUNCOAST TRANSIT AUTHORITY, Intervenor,

Election results and order dismissing the petition and retaining certification No. 984 in effect.  23 eligible voters cast sixteen ballots against and 5 for the union.

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CA-2002-068; Order 02GC-212 (September 6, 2002)

COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION, Charging Party,

v.

CITY OF PORT ST. LUCIE Respondent.

The general counsel finds sufficient that portion of the charge alleging that the management employees have become directly involved in an attempt to decertify the union as the bargaining agent.  The charge that the City engaged in bad faith collected bargaining is summarily dismissed.

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RC-2002-004; Order 02E-213 (September 6, 2002)

ST. CLOUD PROFESSIONAL FIREFIGHTERS, LOCAL 4153, IAFF, Petitioner,

v.

CITY OF ST. CLOUD,  Respondent.

PERC determines an appropriate bargaining unit of firefighters, engineers, probationary firefighters, firefighters/EMTs, and firefighters/engineer/paramedics and orders a secret ballot election.

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**RC-2002-039; Order 02E-214 (September 9, 2002)

WAKULLA CLASSROOM TEACHERS ASSOCIATION, Petitioner,

v.

WAKULLA COUNTY SCHOOL BOARD, Respondent,

PERC determines an appropriate non-instructional bargaining unit, approves the consent election agreement and orders a secret ballot election.

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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