VOL. XXVI  . . . . . . . . . . . . August 21, 1002 . . . . . . . . . . . . . . NO. 24

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

 

UC-2002-022; Order 02E-198 (August 15, 2002)

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, Petitioner,

v.

CITY OF PALM BAY, Respondent.

PERC grants the union=s petition seeking to clarify unit 957 by changing the description to a generic rather than specific unit description thereby eliminating the classifications of part-time utilities facilities mechanic and all other part-time positions, which no longer exist.

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

EL-2002-020 (Relates to RC-2002-004) (August 16, 2002)

St. Cloud Professional Firefighters, Local for 153, IAAF and, Petitioner,

v.

City of St. Cloud, Respondent.

Election results and order certifying unit 1370 for Firefighters, Engineers, Probationary Firefighters, Firefighters/EMTs, and Firefighters/Engineer/Paramedics.  Twenty-one eligible voters cast 20 ballots for the union.

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

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

[From Attorney General=s Appellate Alert]

1^st District Court of Appeal

AState retirement credits - employment by Florida Bar ...  The 1st DCA rejected a worker's argument that he should receive retirement credit under the Florida Retirement System for the four years he worked for the Florida Bar.

H. Glenn Boggs sought credit for his employment by the Bar from July 1977 to June 1981.  The DCA noted that section 121.021(17)(a), F.S. (2001), spells out what non­government service is eligible for retirement credits, and said this language excludes Boggs' time working for the Bar.

"From July 1, 1977 to June 4, 1981, Appellant was employed by the Florida Bar.  Because it is undisputed that the Florida Bar does not participate in, or pay contributions to, the Florida Retirement System for the benefit of its employees, Appellant's period of employment with the Florida Bar does not constitute creditable service in the Florida Retirement System," the DCA said.  [Boggs v. Division of Retirement, 8/14/02)@

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

AWorkers' comp - cost of preparing record for appeal ...  A party seeking to appeal a workers' compensation decision cannot avoid paying the full cost of preparing the record for appeal by designating only certain portions of the record as being necessary for the appeal, the 1^st DCA held.

A woman involved in a workers' comp case initially sought to be relieved from the costs of preparation of the record on appeal, but the JCC denied this request and informed her of the estimated cost of preparing a record with items normally included in such cases.  The woman then attempted to exclude all portions of the record except for five specific items she deemed necessary to address the issues she intended to raise on appeal.  The DCA, however, said this approach cannot be used because Rule of Appellate Procedure 9.180(f)(5)(B) clearly requires the appellant to pay the full costs of the record, at least initially.

"These express provisions of the rule governing appeals in workers' compensation cases compel the conclusion that the cost of preparing the record in this appeal must be borne initially by appellant.  Of course, if appellant prevails, her expenditures in this regard will be subject to taxation," the DCA said.  [Parmet v. Sarasota Memorial Hospital, 8/12/02]@

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

3^rd District Court of Appeal

AFired state employee - collateral estoppel ...  A federal court's determination that a state employee cannot pursue a civil rights claim because he was fired for valid reasons precludes the employee from also pursuing a state court claim under Florida's Whistle-Blower's Act, the 3^rd DCA held.

Frank Amador, a warehouse receiving clerk at Florida International University, was fired after the university said he missed several days of work for which he did not have approved leave. Amador sued, claiming he was actually fired in retaliation for reporting his belief that fellow workers - including his immediate supervisor - were stealing university property.  Amador argued that his complaints about coworkers amounted to protected free speech and his firing violated his First Amendment rights.  The case was removed to federal court, where Amador's civil rights claims failed on summary judgment and the whistle-blower claim was remanded to state court.  The state trial court then entered summary judgment for FIU, ruling that the state law claim was barred by principles of collateral estoppel.  The DCA agreed.

"The federal court ruled ... there was no causal connection between the speech and the plaintiff's discharge from employment. ... The federal court concluded that the reprimand and termination would have occurred even if the plaintiff had made no complaint about the conditions in the warehouse," the DCA said.  "it follows that collateral estoppel bars the plaintiff's claims for termination and reprimand under the Florida Whistle-Blower's Act.  That is so because of the federal finding of absence of causal connection."  [Amador v. Florida Board of Regents, 8/14/02]@

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

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

Attorney General's Opinions

ASunshine, public records - not-for-profit corporation ...  In response to a request from the Martin County Attorney, the Attorney General issued an advisory opinion stating in sum:  "The activities of the Martin County Golf and Country Club, Inc., a not-for-profit corporation, are subject to the requirements of Florida's Government in the Sunshine and Public Records Laws, section 286.011 and Chapter 119, Florida Statutes, when it leases property from Martin County for the purpose of operating a public golf course and was established and operates solely for that purpose." [2002-AGO-053, 8/9/02]@

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

**School capital outlay surtax - charter schools ...  In response to a request from the general counsel for the Escambia County School Board, the Attorney General issued an advisory opinion stating in sum:  "The Escambia County School Board may not use school capital outlay surtax revenues that were approved to fund capital construction projects on school district property and collected pursuant to section 212.055(6), Florida Statutes, to fund capital construction projects for a charter school owned and operated by a non-profit corporation when these revenues were not approved by the voters for this purpose.  Section 228.0561, Florida Statutes, specifically provides a funding source that may be available to the Pensacola Beach Elementary Charter School for such capital outlay purposes as construction, renovation, repair, and maintenance of school facilities." [2002-AGO-055, 8/94/02]@

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

 

MISCELLANEOUS

Tentative Agreement Reports

FEN Calendar

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

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