VOL. XXV  . . . . . . . . . . . . December 12, 2001 . . . . . . . . . . . . . . NO. 43

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

 

CB-2001-032;Order 01GC-311(December 4, 2001)

KEITH PERRY, Charging Party,

v.

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by breaching its duty of fair representation.  AThe pertinent facts in the charge allege that Perry, an AFSCME member, was dismissed from his employment with the State on August 26, 1999.  Perry requested AFSCME to file a grievance challenging the dismissal pursuant to the collective bargaining agreement between the State and AFSCME.  AFSCME assigned Ronald Highsmith to represent Perry but Highsmith failed to timely initiate a Step 2 grievance within fourteen days.@

Since all the pertinent facts occurred more than six months ago, the charge is untimely.

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CA-2001-060;Order 01GC-312(December 4, 2001)

PROFESSIONAL ASSOCIATION OF CITY EMPLOYEES, INC., Charging Party,

v.

CITY OF JACKSONVILLE, Respondent.

The General Counsel summarily dismisses the amended charge that the employer violated the Act by not allowing an employee to attend a union meeting.  AIn its amendment to the original charge, PACE alleges that union officer wanted time off from his job to attend a union class about grievance processing and contract negotiation.  PACE argues that this activity would benefit employees who will have better representation because of better trained union officers.  However, in absence of an agreement from the City, union officials are not entitled to paid leave to attend union training classes.@

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CB-2001-022;Order 01U-313(December 6, 2001)

GERONIA FREDERICK, Charging Party,

v.

PROFESSIONAL ASSOCIATION OF CITY EMPLOYEES, Respondent.

PERC affirms the General Counsel=s summary dismissal of the charge that the union violated the Act by refusing to assist in a grievance procedure.

It is undisputed that Geronia Frederick is not a member of PACE and since the appeal was not timely filed it must be dismissed.

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RD-2001-007;Order 01E-314(December 6, 2001)

WILLIAM DOERING, Petitioner,

v.

AFSCME FLORIDA COUNCIL 79, Respondent,

v.

CITY OF DEFUNIAK SPRINGS, Intervenor.

PERC determines that the petition is sufficient.

ANeither party filed an exception to the HORO. Fla. Admin. Code Rule 28-106.217...

Pursuant to Section 447.307(8), Florida Statutes, the Commission ORDERS that a secret ballot election be held in the bargaining unit as soon as is practicable.@

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RC-2001-050;Order 01E-315(December 6, 2001)

PINELLAS LODGE NO. 43, FRATERNAL ORDER OF POLICE, Petitioner,

v.

CITY OF ST. PETERSBURG, Respondent,

v.

PINELLAS COUNTY POLICE BENEVOLENT ASSOCIATION, INC, Intervenor.

PERC determines that the petition is sufficient and orders a secret ballot election for a unit composed of police officers below the rank of sergeant, identification technicians, and fingerprint technicians.

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UC-2001-052;Order 01E-316(December 7, 2001)

TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Petitioner,

v.

CITY OF FELLSMERE, Respondent.

PERC grants the petition to clarify unit 1323 and accepts the corporal re-classification to sergeant and the sergeant re-classification to lieutenant, since the duties of the personnel in the unit have not changed.

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EL-2001-046 (Relates to RC-2001-038)(December 7, 2001)

SEMINOLE COUNTY PROFESSIONAL FIREFIGHTERS, LOCAL 3254, IAFF, Petitioner,

v.

SEMINOLE COUNTY, Respondent.

Election results and order certifying unit 1352 for all battalion chiefs employed by the County.  Eleven eligible voters cast eight ballots for and three against the union.

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CA-2001-067;Order 01GC-317(December 7, 2001)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 362, Charging Party,

v.

ORANGE COUNTY LIBRARY SYSTEM, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by failing to return borrowed tapes of the bargaining session to the union.

ALocal 362 alleges that it videotaped bargaining sessions between itself and OCLS.  At one of the early sessions, OCLS attorney Alan McKenna asked if OCLS could obtain copies of the tapes.  Local 362 agreed to make copies of the tapes for $120.00.  The $120.00 was paid at the time Local 362 gave the first set of tapes to OCLS.  It was agreed that $120.00 would cover the full cost of copying all of the bargaining sessions.  Local 362 copied and presented to OCLS approximately one-half to two-thirds of the tapes...

Local 362's charge must be dismissed because there is no evidence that OCLS engaged in any conduct prohibited by section 447.501(1)(e),  Florida Statutes.  The OCLS has not become entangled in Local 362's internal affairs, or exerted improper influence over Local 362's intra-union activities.  Although it is apparent that Local 362 and OCLS are having a problem resolving the issue of payment for tapes of bargaining sessions, there is no evidence that this problem constitutes an unfair labor practice.@

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UC-2001-049;Order 01E-318(December 10, 2001)

PROFESSIONAL FIREFIGHTERS OF MARCO ISLAND, LOCAL 2887, Petitioner,

v.

CITY OF MARCO ISLAND, Respondent.

PERC dismisses the petition to clarify unit 616.  AIn the absence of evidence that the driver/engineer classification is newly-created or has been substantially altered, or that the classification was omitted from the unit through inadvertence or misunderstanding, Local 2887 has failed to pass the threshold test of demonstrating that the Commission's unit clarification procedure has been appropriately invoked, See Sarasota County PBA v. City of Sarasota, 7 FPER & 12339 .1981).  Moreover, in the absence of any information about the driver/engineer classification to demonstrate a community of interest with current members of the bargaining unit, it is not possible to determine whether inclusion of the driver/engineer classification therein would be appropriate.@

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MS-2001-003 (Relates to CA-99-068);Order 01E-319(December 10, 2001)

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

v.

CITY OF GREENACRES, Respondent.

PERC denies the motion to reopen the record, because the clerical errors complained of can be corrected in the court appeal and the case has already been delayed for over a year.

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PART II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court Orders

[From Attorney General=s Appellate Alert]

5^th District Court of Appeal

**ARetaliation for filing of workers' comp claim...  A public employee claiming improper retaliation does not have to prevail in a workers' compensation case in order to be able to claim he suffered retaliation for filing the claim, the 5^th DCA said.

John Smalbein claims his name was removed from a list of substitute teachers as wrongful retaliation against him for having filed a workers' compensation claim stemming from an automobile accident.  Smalbein lost on his claim for workers' compensation when a Judge of Compensation Claims (JCC) concluded that the accident was not compensable as work-related.  The Volusia County School Board argued that the trial court was bound by the JCC's factual determinations and that Smalbein's retaliation claim was not a "valid" claim because the JCC ruled that his claim was not compensable.  The DCA ruled for Smalbein, reversing a summary judgment against him.

"We find that interpreting >valid= as >compensable= thwarts the purpose and intent of the Legislature to prohibit retaliation whereas construing a valid claim as a meritorious one provides the proper protection to injured employees seeking benefits without over-extending the protection to employees who file frivolous claims," the DCA said.  [Smalbein v. Volusia County School Board, 11/30/01]@

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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

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

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