HAPPY HOLIDAYS!

 

VOL. XXV  . . . . . . . . . . . . December 19, 2001 . . . . . . . . . . . . . . NO. 44

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

 

RC-2001-056; Order 01E-320 (December 11, 2001)

1115 FLORIDA DIVISION OF 1199, SEIU, AFL-CIO, CLC, Petitioner,

v.

HEALTH CARE DISTRICT OF PALM BEACH COUNTY, Respondent.

PERC approves the consent election agreement and orders a secret ballot election for a wall-to-wall non-health care bargaining unit.

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CA-2001-070; Order 01GC-321 (December 13, 2001)

FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO, Charging Party,

v.

FLORIDA DEPARTMENT OF LOTTERY, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by inappropriately assigning routes to bargaining unit employees in violation of Article 14.4's requirement that routes be assigned by seniority.

AHere, the Federation is alleging that the Department has unilaterally altered one provision in a collective bargaining agreement.  However, the Federation has failed to provide specific information regarding how the department has allegedly violated this contract provision.@

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CA-2001-069; Order 01GC-322 (December 17, 2001)

HOBERT E. HICKMAN, Charging Party,

v.

HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY (HARTline), Respondent,

The General Counsel summarily dismisses the charge that the employer violated the Act by dismissing an employee for his refusal to drive a bus that he believed was unsafe.

AThe charge is procedurally deficient because Hickman has not provided the second page of the Commission's charge form that indicates whether the charge was served upon the named respondent and was signed and notarized.  See ' 447.503(1), Florida Statutes and Fla. Admin. Code Rule 60CC-5.001 ...

The charge is also procedurally deficient because it does not contain the factual detail and specificity required by the Commission, and set forth in United Faculty of Florida v. Board of Repents, 8 FPER & 13187 at 338 (1982).@

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

[From Attorney General=s Appellate Alert]

U.S. Supreme Court

**AStudent-led prayers at graduation ...  The U.S. Supreme Court, without comment, allowed the Duval County school system to continue letting students vote on whether to have student-led prayers or other messages at graduation ceremonies.

The justices declined to review a decision of the 11^th U.S. Circuit Court of Appeals, which said a recent Supreme Court decision on prayers at public school events did not preclude the Duval County policy.  The full 11^th Circuit approved the Duval County policy in March 2000, but the Supreme Court ordered the appeals court to review its decision following the justices' June 2000 ruling in a Texas case.  In that case, the justices rejected a Texas school board policy permitting students to vote on whether to have a "statement or invocation," subject to school officials' approval, at high school football games.

In May 2001, the 11^th Circuit determined that the Duval County policy did not violate the Establishment Clause of the U.S. Constitution because it is facially neutral regarding the content of student messages and school officials cannot review the student's message.  It was this recent decision that the justices declined to review, effectively leaving the Duval County policy in place.  [Adler v. Duval County School Board, 12/10/01]  No opinion issued.@

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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