VOL. XXVI  . . . . . . . . . . . . February 20, 2002 . . . . . . . . . . . . . . NO. 06

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

 

RC-2001-046; 02E-036 (February 13, 2002)

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, Petitioner,

v.

HIALEAH HOUSING AUTHORITY, Respondent.

PERC accepts the Hearing officer=s recommended order granting AFSCME=s motion to withdraw and dismisses the case without prejudice.

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RC-2002-002; Order 02E-037 (February 14, 2002)

SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1826, IAFF, INC., Petitioner,

v.

LEHIGH ACRES FIRE CONTROL DISTRICT, Respondent,

PERC dismisses the petition because the union was not registered at the time it filed the petition.

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RC-2001-061; Order 02E-038 (February 14, 2002)

FLORIDA COMMUNITY COLLEGE FACULTY FEDERATION, Petitioner,

v.

FLORIDA COMMUNITY COLLEGE AT JACKSONVILLE, Respondent.

PERC approves the consent election agreement and orders a secret ballot election for employees paid on the instructional salary schedule, including teaching faculty, librarians, and counselors of students.

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EL-2002-001& 002 (Relates to RC-2001-048 & 057); Order 02E-039 (February 14, 2002)

TEAMSTERS LOCAL UNION NO. 385, Petitioner,

v.

CITY OF DELAND (DELAND POLICE                  DEPARTMENT), Respondent.

PERC rejects the parties stipulation and the hearing officer=s recommendations that onsite elections be conducted.  The objections are denied.

AThe City asserts that the eligible employees are sworn law enforcement officers and therefore, pursuant to Section 119.07(3)(k), Florida Statutes, their home addresses cannot be released.  Consequently, the election ballots must be sent to the employees' work location at the City's Police Department.  The City asserts that the delivery and disbursement of mail ballots at the police department is a logistical nightmare which will result in undue disruption and will be fraught with the potential for irregularities because the officers work varying shifts to conform with the police departments 24-hour coverage requirements.  Consequently, the mail ballots could potentially sit in the officers= mail slots for up to three or four days.@

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UC-2001-055; Order 02E-040 (February 14, 2002)

MANATEE COUNTY PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 4074, IAFF, Petitioner,

v.

BRADEN RIVER FIRE CONTROL AND RESCUE DISTRICT, Respondent.

PERC grants the union=s clarification petition seeking to include the classification of battalion chief/shift commander in certification 1318 composed of firefighters, lieutenants, and captains.

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No. EL-2001-049 (Relates to RD-2001-007) (February 15, 2002)

WILLIAM DOERING, Petitioner,

v.

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

v.

CITY OF DEFUNIAK SPRINGS, Intervenor

Election results and order dismissing the petition to revoke certification 1227.  36 eligible voters cast 20 ballots for and 12 against the union.

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AC-2002-005; Order 02E-041(February 19, 2002)

IN RE:  PETITION OF NATIONAL CONFERENCE OF FIREMEN & OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC TO AMEND CERTIFICATION NO. 1255.       

PERC grants the union=s petition to amend certification 1255 to reflect it as the certified bargaining agent for a unit of personnel employed by the Orange County Library District (District).  These employees were previously represented by Service Employees International Union, Local 362 (Local 362).

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

[From Attorney General=s Appellate Alert]

2^nd District Court of Appeal

AEntitlement to formal hearing over denied promotion ...  A state university professor is not entitled to a formal evidentiary hearing over his failed bid for a promotion because the decision not to promote him did not affect his "substantial interests," the 2^nd DCA held.

The DCA rejected the appeal of Dr. Arthur Herold, an associate professor at the University of South Florida College of Medicine whose bid to become a full professor was denied.  After denying the promotion, the university then declined to grant Dr. Herold a formal administrative hearing under section 120.57(1), F.S.  The doctor appealed, but the DCA said such a hearing is available only to a party whose substantial interests are determined in an agency proceeding.  The DCA cited a similar decision last year by the 11^th U.S. Circuit Court of Appeals in a case involving a West Palm Beach firefighter.

"(C)ase law makes it clear that a substantial interest is one based on a legal entitlement, and not on a mere unilateral expectation," the DCA said.  "(Dr. Herold) does not allege the existence of laws, rules or contractual provisions that would legally entitle him to full professorship.  His unilateral expectation of being promoted was insufficient to create an interest that necessitated a hearing upon denial."  [Herald v. University of South Florida, 2/13/02]@

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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.

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

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Florida School Labor Relations Service

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