VOL. XXVI  . . . . . . . . . . . . August 14, 1002 . . . . . . . . . . . . . . NO. 23

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

 

**CB-2002-018; Order 02GC-194 (August 6, 2002)

SALVATORE DEREK CONIGLIO, Charging Party,

v.

BROWARD TEACHERS UNION, LOCAL NO. 1975, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by A(1) misrepresenting him; (2) lying; (3) breaching his confidentiality; (4) defaming his character; and (5) refusing to resolve his concerns.@

The charge was not sufficiently specific and detailed enough to find a violation.

AConiglio's forty-nine page charge is not a clear and concise factual statement.  Rather, it is a composite of e-mail messages, letters, telephone conversations, and meetings between Coniglio and BTU representatives over a five and one-half month period.  In addition to alleged facts, the charge also contains argument and conclusive statements.  The combined effect of its verbosity, argument, and conclusions impedes review to determine its sufficiency.  Broward County CTA v. School Board of Broward County, 9 FPER & 14310 (1983) (Commission will not undertake search through mass of documents to find prima facie violation).  Moreover, were the charge determined sufficient, it would be impossible for the charged party to answer in a coherent fashion to frame the issues for the hearing officer.  See Hillsborough Faculty Association v. Hillsborough County School Board, 19 FPER & 24053 (G.C. Summary Dismissal 1993) (charge based upon nine page affidavit determined not to be a concise factual statement capable of being reasonably answered by the respondent).@

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EL-2002-029 (Relating to RC-2002-032); Order 02E-195 (August 6, 2002)

COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,

v.

CITY OF ROCKLEDGE,  Respondent,

v.

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, Intervenor.

AOn July 25, the FOP filed a motion requesting that the election be conducted on-site rather than by mail ballot ...  On July 31, the City filed a response stating it did not object to an on-site election.  On the same day, the PBA filed its response in opposition to an on-site election.@

PERC denies the motion for an on-site-election.  AHere, the law enforcement and communications unit is comprised of approxi­mately fifty-five City employees who work different shifts.  This requires our small election's staff to travel to a difficult destination (Rockledge) from the Commission's office in Tallahassee.  In addition, the Commission's election agents are required to cover all three work shifts.

However, a mail ballot election would result in the least expense to all parties, the Commission, and the taxpayers.  Moreover, the parties previously agreed to a mail ballot election in this case.  Finally, we note that the bargaining unit in this case is substantially the same as the unit defined by the Commission in 1995.@  That election was conducted by mail.

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CB-2002-019; Order 02GC-196 (August 8, 2002)

JAMES E. MEHR, JR., Charging Party,

v.

FRATERNAL ORDER OF POLICE, LODGE 10, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by breaching its duty of fair representation.  ABecause Mehr and Pearn stated they were "identically situated," consolidated their cases.

In a lengthy order dated July 11, I concluded the charges did not state prima facie violations of law and they were summarily dismissed with leave to amend.  On July 31, Pearn filed an amended charge.  Pearn's amended charge was dismissed in an

order dated August 5.  On August 6, the Commission received from the Post Office Mehr's amended charge, which had been initially mailed to the Commission's former address.  It is untimely as an amended charge.

While the Commission will consider equitable circumstances in such cases, it is unnecessary to do so here.  The facts in the charge are within the six month statute of limitations.  ' 447.503(6), Fla. Stat. (2001).  Thus, I will consider the charge as newly filed and review it de novo.  Jacksonville Assoc. of Firefighters, Local 122 v. City of Jacksonville, 12 FPER & 17058 (1986).

However, since Mehr and Pearn are identically situated for purposes of their charges, I incorporate my earlier orders of July 11 and August 5 in this order.  Due to the unusual posture of this case, an amended charge will not be considered.@

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UC-2002-021; Order 02E-197 (August 12, 2002)

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, Petitioner,

v.

CITY OF PALM BAY, Respondent.

NAGE=s registration has expired .. AAccordingly, NAGE shall reregister

with the Commission on or before September 12, 2002, or SHOW CAUSE why this

petition should not be dismissed.@

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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