VOL. XXVI  . . . . . . . . . . . . February 13, 2002 . . . . . . . . . . . . . . NO. 05

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

 

CA-2002-009; Order 02GC-025 (February 5, 2002)

GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, AFL-CIO, LOCAL 100, Charging Party,

v.

BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by direct dealing with members of the bargaining unit.  Local 100 further contends that Cleveland, restrained and coerced Berkshire from exercising his right to seek union representation by informing Local 100 representative Richard Cutshaw that, if Local 100 chose to pursue Berkshire=s suspension through the grievance procedure, Berkshire would be terminated immediately.  The charge is dismissed because the relevant factual information is not contained in the charge itself.  Without this factual information, the charge cannot be found sufficient.

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RC-2001-036; Order 02E-026 (February 5, 2002)

FLORIDA STATE FIRE SERVICE ASSOCIATION, Petitioner,

v.

STATE OF FLORIDA, Respondent,

v.

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Intervenor,

PERC determines an appropriate unit for firefighters and orders a secret ballot election.

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RC-2001-051; Order 02E-027 (February 6, 2002)

SPACE COAST POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,

v.

TOWN OF MELBOURNE VILLAGE, Respondent.

PERC determines an appropriate police officer and sergeant unit and orders a secret ballot election.

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**AF-2001-018 (Relates to 1D99-4813 and RC-99-014); Order 02E-028 (February 6, 2002)

PROFESSIONAL TRADESMEN UNION, Petitioner,

v.

DUVAL COUNTY SCHOOL DISTRICT, Respondent,

v.

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, Intervenor.

PERC determines an appropriate amount and orders the PTU to pay AFSCME $4,900.00 for 39.2 hours of attorneys fees.

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RC-2001-058; Order 02E-029 (February 7, 2002)

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

v.

CITY OF KISSIMMEE, Respondent.

PERC determines an appropriate sergeant unit and orders a secret ballot election.

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CB-2002-001; Order 02CC-030 (February 7, 2002)

ROSEVELT HUGHES, Charging Party,

v.

LOCAL 2957, IAFF, AFL-CIO, CLC, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by failing to represent Hughes fairly during a grievance hearing.  The charge lacks factual specificity and cannot be cured by resorting to the supporting documents.

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CA-2001-073; Order 02GC-031 (February 7, 2002)

EARL E. OLDEN, Charging Party,

v.

FLORIDA A & M UNIVERSITY, BOARD OF TRUSTEES, Respondent,

The General Counsel summarily dismisses the amended charge that the employer violated the Act by non-renewing Olden.  The event complained of occurred more than six months prior to the filing of this charge.  Thus, any allegations regarding the notice of non-renewal is untimely.  The amended charge is also insufficient on its merits.  There is no evidence that Olden was engaged in any protected activity.

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CA-2002-002; Order 02GC-032 (February 7, 2002)

ROSEVELT HUGHES, Charging Party,

v.

CITY OF LEESBURG, Respondent.

The General Counsel summarily dismisses the amended charge that the employer violated the Act by refusing to arbitrate a grievance.  [In the previous dismissal] AHughes was informed that his charge was deficient because it was not supported by a copy of the grievance and the collective bargaining agreement.  In addition, there was no evidence in the charge that he had requested arbitration or that the City had refused to arbitrate his grievance Hughes was also informed that the Commission does not enforce the Firefighters' Bill of Rights ...

In the amended charge, Hughes renewed his contention that the City is refusing to process his grievance.  To support this contention, he states that Article 5.1 of the collective bargaining agreement prohibits the City from discriminating against any employee on the basis of race, sex, or handicap.  Hughes asserts that he has sickle cell trait and the City has violated this contractual provision by discriminating against him due to his handicap.  In addition, he alleges that he is the victim of sexual or racial harassment.  He also alleges that he has been discriminated against for having filed a charge or given testimony.@

No evidence was submitted to support a violation of the Act.  Furthermore, PERC informs Hughes that it has no authority over the AFirefighters= Bill of Rights@ nor the other discrimination complaints.

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RC-2002-006; Order 02E-033 (February 7, 2002)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 385, Petitioner,

v.

CITY OF PALM COAST, Respondent.

AA review of the petition discloses that it is deficient.  The name of the Petitioner in this case is "International Brotherhood of Teamsters Local 385."  However, the name of the organization registered on November 1, 2001, in Case No. OR-86-041 is "Teamsters Local Union 385."  Consequently, the named Petitioner in this case is not a registered employee organization as required by Section 447.305, Florida Statutes. Accordingly, petitioner is DISMISSED without prejudice.@

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CA-2001-029; Order 02U-034 (February 7, 2002)

PROFESSIONAL FIREFIGHTERS OF TALLAHASSEE, LOCAL 2339, IAFF, Charging Party,

v.

CITY OF TALLAHASSEE, Respondent.

AWhile we conclude that the City=s failure to proceed to arbitration is not an unfair labor practice because Local 2339 did not fulfill the contractual requirement in Article 5.6 for it to request arbitration on arbitratability, we do not reach the issue as to whether Local 2339 can now proceed to arbitration ...

In sum, we conclude that this matter is best resolve by an arbitrator as a contractual matter rather than an unfair labor practice.  See Pinellas County PBA, Inc., v. City of St. Petersburg, 24 FPER & 29059 (1997), aff=d per curiam 719 So.2d 896 (Fla. 2^nd a DCA 1998).@  The case is dismissed.

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

[From Attorney General=s Appellate Alert]

1^st District Court of Appeal

ADrug-free workplace - denial of worker's comp benefits ... A worker whose employer has a Drug-Free Workplace program in place is not entitled to worker's compensation benefits if she refuses to take a second drug test after the first one proves unusable, the 1^st DCA held.

The court rejected Lisa Van Duyn's argument that the Florida Administrative Code required that she be given 24 hours to return to a medical clinic to provide a second urine sample.  Van Duyn was injured while operating a dump truck and was sent to a medical clinic for treatment.  While there, Van Duyn was directed to provide a urine sample for drug testing, but the sample she gave was below the acceptable temperature range.  Van Duyn was instructed to provide a second sample but refused, saying she had to get home to her son.  A Judge of Compensation Claims ruled her ineligible for benefits for failing to comply with the drug testing requirement, but Van Duyn argued that administrative rules should have allowed her an additional 24 hours to provide a sample.  The DCA disagreed, noting that Rule 59A-24.005(3)(c)8 allows the additional time only if the worker is unable to give an acceptable urine sample after drinking a glass of water every half hour for two hours.

"(A)fter consuming only a single glass of water, Van Duyn left the clinic without attempting to give a second sample.  Given the facts of this case, therefore, Van Duyn cannot claim that she was denied an opportunity, pursuant to (the rule), to give another sample," the DCA said.  [Van Duyn v. Truck Driver Services, Inc., 2/6/02]@

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PART IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opinions

Attorney General's Opinions

**ASchool taxes - capital outlay surcharge ...  In response to a request from the Orange County School Board attorney, the Attorney General issued an advisory opinion stating in sum: "The Orange County School Board may not make the imposition of the School Capital Outlay Surtax for a term of years contingent upon a cap being imposed on the discretionary capital millage." [AGO-2002-12, 2/4/02]@

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**ALobbying by public school employees ...  In response to a request from the attorney for the Palm Beach County School District, the Attorney General issued an advisory opinion stating in sum: "The school board must determine whether lobbying activities directed to the Governor and the Legislature regarding issues impacting the district serve a >school purpose= for which school funds may be used.  The same consideration must be given in determining the appropriateness of using computers, email, or other interschool and intraschool communications systems to advocate a position on issues affecting the school district.  In light of the district's current policies, however, it would be inadvisable for the school district to encourage its employees to participate voluntarily in lobbying on behalf of the district during school hours." [AGO-2002-13, 2/5/02]@

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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.

==================================================================

Marcus Johnston, Executive Director

Florida School Labor Relations Service

203 South Monroe Street

Tallahassee, Florida 32301

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