VOL. XXV  . . . . . . . . . . . . . November 14, 2001 . . . . . . . . . . . . . . . . NO. 40

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

 

CA-2001-036;CB-2001-009;Order 01U-284(November 7, 2001)

PROFESSIONAL ASSOCIATION OF CITY EMPLOYEES, Charging Party,

v.

CITY OF JACKSONVILLE, Respondent.

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CITY OF JACKSONVILLE, Charging Party,

v.

PROFESSIONAL ASSOCIATION OF CITY EMPLOYEES, Respondent.

AOn July 9, 2001, the Professional Association of City Employees (PACE) filed an unfair labor practice charge against the City of Jacksonville (City) asserting that the City was forbidding its employees from exercising their right to orally solicit support for PACE during their co-employees= non-work times in their work areas.  On July 12, the city filed an unfair labor practice charge against PACE asserting that PACE and its agents solicited public employees and distributed literature to public employees during work hours and in non-work areas.

On September 13^th the parties filed a settlement agreement.  On September 14 the hearing officer issued his recommended order recommending that the Commission accept the agreement, order compliance with it, and close the cases.  On September 24, PACE filed an exception to the hearing officer=s recommended order asserting that it recently discovered a Commission case that negates the Commission=s ability to accept the settlement agreement...

The parties had an opportunity to negotiate and, after a series of concessions, they reached a mutually agreeable settlement.  In its exception, PACE does not assert that the settlement agreement was entered into in bad faith or that it was obtained by fraud, misrepresentation, mistake, or that its contents are against public policy Therefore, the commission will not reject such a settlement agreement under these circumstances.@

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RC-2001-044;Order 01E-285(November 7, 2001)

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., AFFILIATED WITH THE NATIONAL COALITION OF PUBLIC SAFETY OFFICERS, A DIVISION OF THE COMMUNICATIONS WORKERS OF AMERICA, Petitioner,

v.

SARASOTA COUNTY SHERIFF'S OFFICE, Respondent.

PERC finds an appropriate bargaining unit of full-time permanent corrections officers and orders a secret ballot election.

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CA-2001-059;Order 01GC-286(November 7, 2001)

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

v.

CITY OF JACKSONVILLE, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by refusing to allow the union representative to come to the workplace and investigate grievances.

AThus, the contract expired after PACE=s certification as bargaining agent and before Costa=s grievances was filed, absent an agreement to the contrary.  It is now clear that no such agreement has been ratified by PACE and the City.  For this reason, PACE improvidently relies on the AFSCME-City contract.  In addition, as stated in the prior order, an expired contract=s grievance procedure does not survive as a part of the status quo in the hiatus between contracts.@

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CA-2001-060;Order 01GC-287(November 7, 2001)

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

v.

CITY OF JACKSONVILLE, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by violating it obligation to maintain the status quo of employee wages, hours, terms and conditions of employment.

AThe status quo doctrine is well-established law in Florida. E.g., City of Delray Beach vs. Professional Firefighters of Delray Beach, 636 So2d 157 (Fla. 4^th DCA 1994).

However, the status quo of employee wages, hours, terms and conditions of employment does not extend to union organizational rights.  Once a new union displaces an incumbent union, an existing collective bargaining contract Ano longer exists, absent an agreement to accept the terms of the agreement by the successor employee organization, if any, and the employer.@  Teamsters, Local Union 385 vs. Orange County,  25 FPER & 30072 at 154 (1999).@

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CB-2001-024;Order 01U-288(November 7, 2001)

LEON SZCZEPANSKI, Charging Party,

v.

FRATERNAL ORDER OF POLICE, LODGE #133, Respondent.

AOn October 12, 2001, Leon Szczepanski filed an unfair labor practice charge

alleging that the Fraternal Order of Police, Lodge #133 violated Section 447.501(2)(a),

Florida Statutes, by involuntarily withdrawing his union membership. The General

Counsel summarily dismissed the charge on October 18. On October 26, Szczepanski

filed an appeal of the summary dismissal. Because Szczepanski has provided

additional facts and allegations in his appeal, it is properly treated as an amended

charge. Therefore, we transfer this case to the General Counsel to perform a

sufficiency review.@

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RC-2001-032;Order 01E-289(November 8, 2001)

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,

v.

STATE OF FLORIDA, GOVERNOR JEB BUSH, Respondent.

AThe hearing officer found that the function of special agent supervisors is equivalent to state employees in the classifications of law-enforcement captains and lieutenants...

The hearing officer concluded that a separate bargaining unit of special agent supervisors is not warranted since the incumbents share a community of interest with lieutenants and captains.  Consequently, the hearing officer concluded that the separate unit of special agent supervisors is inappropriate on grounds of over fragmentation.  Accordingly, the hearing officer recommended that the instant petition be dismissed.

The Commission is in agreement with the hearing officer=s analysis in this case and adopts her recommended order.  The instant representation certification petition is dismissed.@

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UC-2001-048;Order 01E-290(November 8, 2001)

ORMOND BEACH FIREFIGHTERS ASSOCIATION, IAFF, #3499, Petitioner,

v.

CITY OF ORMOND BEACH, Respondent.

PERC adopts the hearing officer=s recommendations and clarifies unit 1052 to include ladder officer and engine officer in the firefighter unit.

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CB-2001-024;Order 01GC-291(November 13, 2001)

LEON SZCZEPANSKI, Charging Party,

v.

FRATERNAL ORDER OF POLICE, LODGE #133, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by involuntarily withdrawing his union membership.

Szczepanski denies resigning from the FOP.  Furthermore, he contends that the FOP has an illegitimate interest in saying that he resigned because it benefits financially by ending his grievance.

ASzczepanski=s documents cannot support his assertion that the FOP manufactured his resignation to end its financial liability for processing his grievance because he had been told in April that the FOP would not process his grievance to arbitration.  In the absence of evidence that the FOP had an illegitimate union interest, or that it contravened either an overriding labor law or the FOP=s Constitution or Bylaws by involuntarily withdrawing union membership, I conclude that the amended charge fails to establish a prima facie first violation.@

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

[From Attorney General=s Appellate Alert]

2^nd District Court of Appeal

**AInjunction to block teacher incentive bonuses...  The 2^nd DCA refused to issue an injunction blocking a county from distributing state funds for teacher bonuses or other educational enhancements, rejecting a union's contention that the law authorizing the bonuses is facially unconstitutional.

The union representing school teachers in Pinellas County challenged section 231.2905(3), F.S., a 1999 law that authorizes incentive awards for certain schools to pay for teacher bonuses or educational materials.  The union argued that because the bonuses can be paid without collective bargaining, the statute violates the constitutional right of teachers to collectively bargain for wages.

While leaving a ruling on the constitutionality of the statute for a later time, the DCA said it found no abuse of discretion in a trial court's refusal to grant the union's request for a temporary injunction.  [Pinellas Classroom Teachers' Assn. v. Pinellas County School Board, 11/7/01]@

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PART VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MISCELLANEOUS

Declaratory Statements

DS-2001-001(November 8, 1002)

In re: Petition for Declaratory Statement of Mary W. Zalenski

AIssues:  Does the ruling in City of Tallahassee v. PERC, 410 So2d 487 (Fla. 1982) prohibit  a pension board from authorizing ad hoc payments or other enhancements for retirees without the agreement of the unions and the City?  If so, under what circumstances?  If the pension board granted additional benefits to retirees, could the unions force this to impasse?@

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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.

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

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Florida School Labor Relations Service

203 South Monroe Street

Tallahassee, Florida 32301

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