VOL. XXV  . . . . . . . . . . . . . November 21, 2001 . . . . . . . . . . . . . . . . NO. 41

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

 

**AC-2001-030;Order 01E-292(November 13, 2001)

IN RE:  PETITION OF GULF COUNTY EDUCATION ASSOCIATION, FEA-NEA TO AMEND

CERTIFICATION NO. 40.

AThe Commission agrees with the hearing officer's analysis of the legal issues in this case and adopts the hearing officer's recommended order as its final order.  ' 120.57(1)(1), Fla. Stat. (2001). Accordingly, the Association's petition is GRANTED and, certification 40 is amended to reflect a change in the association=s name to Gulf County Education Association, FEA B NEA.@

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CA-2001-063;Order 01GC-293(November 15, 2001)

MARJORIE B. WARDLOW, Charging Party,

v.

STATE OF FLORIDA, DEPARTMENT OF REVENUE, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by discriminating against Wardlow for testifying in a Commission hearing.

AWardlow has failed to provide any facts supporting her inference that counsel=s vigorous cross-examination resulted in any retaliation or discrimination against her in the workplace .  A charge must be supported by facts establishing reasonable cause to believe a violation of law has occurred.@

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EL-2001-044 (Relates to RC-2001-041)(November 15, 2001)

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,

v.

CITY OF CLERMONT, Respondent.

Election results and order dismissing the petition to represent AAll sworn police officers employed by the City of Clermont in the classifications of sergeant and staff sergeant.@  Five eligible voters cast five ballots against the participating organization.

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CA-2001-062;CB-2001-029;Order 01GC-294(November 15, 2001)

JAMES R. PARKER, Charging Party,

v.

LEALMAN FIRE & RESCUE, INC., Respondent.

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JAMES R. PARKER, Charging Party,

v.

ST. PETERSBURG ASSOCIATION OF FIREFIGHTERS, LOCAL 747, Respondent.

The General Counsel summarily dismisses the charges that the employer and the union violated the Act by the manner in which he was dismissed while on extended medical leave.

AThe Commission has consistently recognized that due process requires that an unfair labor practice charge be factually detailed and specific.  Charges which contain

allegations that are vague, general, or conclusional will not be found sufficient...  United Faculty of Florida v. Board of Regents, 8 FPER & 13187 at 338 (1982).@

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**CB-2001-028;Order 01GC-295(November 16, 2001)

BASIL R. BAGLIO, Charging Party,

v.

AFSCME, LOCAL 1184, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by colluding with the Miami-Dade School Board to stop him from discontinuing his dues to the union.

APlacing procedural defects aside, Baglio=s charge is insufficient on its merits.  It appears that Baglio is asserting that the public employer is continuing to withdraw union dues from his wages even though he requested them to stop the deduction.  Public employees have a right to refrain from engaging in union activity, including the right to refrain from authorizing deduction of dues from their wages...  However, Baglio has filed this unfair labor practice charge against local 1184 rather than his employer.   Consequently, the charge must be dismissed as failing to indicate any basis for an unfair labor practice by local 1184.@

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CA-2001-064;Order 01GC-296(November 16, 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 illegally altering an absence without pay procedure.

A..the Commission has consistently recognized that due process requires that an unfair labor practice charge be factually detailed and specific...  Here, PACE=s charge lacks critical factual specificity.@

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RC-2001-052;Order 01E-297(November 16, 2001)

FRATERNAL ORDER OF POLICE, FLORIDA LABOR COUNCIL, Petitioner,

v.

CITY OF KISSIMMEE, Respondent.

AThe Commission has rendered its final order in this representation-certification proceeding.  Fla. R. App. P. 9.020.  The rendition of that final order brings the administrative adjudicative process to a close.  If the Labor Council disagrees with the Commission's disposition of this case, its recourse is to appeal the final order to the appropriate district court of appeal.  Our final order advised the Labor Council of its appeal rights.  Accordingly, the labor council=s motion to substitute the FOP as a petitioner for a petition that has been dismissed is denied.@

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**RC-2001-043;Order 01E-298(November 16, 2001)

GULF COUNTY EDUCATION ASSOCIATION, FEA-NEA, Petitioner,

v.

GULF COUNTY SCHOOL BOARD, Respondent.

PERC determines an appropriate noninstructional bargaining unit and orders a secret ballot election beheld.

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**CA-2001-052;CB-2001-017;Order 01U-299(November 16, 2001)

KIRK ERIKSEN, Charging Party,

v.

SARASOTA COUNTY SCHOOL BOARD, Respondent.

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KIRK ERIKSEN, Charging Party,      

v.

SARASOTA CLASSIFIED/TEACHERS ASSOCIATION, Respondent.

PERC affirms the General Counsel=s summary dismissal of the charge that the employer violated the Act by failing to pay Eriksen and other teacher for the first week worked in August 2001. 

AWe also agree with the General Counsel's reasoning that the charge against the Association is deficient.  As noted by the General Counsel, there is no evidence that the Association's refusal to file a grievance for Eriksen was arbitrary, discriminatory, or in bad faith. See Kallon v. United Faculty of Florida, 14 FPER & 19262 (1988), aff=d, 555 So.2d 859 (Fla. 1^st  DCA 1989).  Nor is there any evidence that the Association interfered with or restrained Eriksen in the exercise of his Chapter 447, Part II, statutory rights by failing to conduct a proper investigation of union officer Barry Dubin.@

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

[From Attorney General=s Appellate Alert]

2^nd District Court of Appeal

AAppeal of employment discrimination findings...  The Florida Commission on Human Relations' worksharing agreement with a federal agency requires the commission to issue its own findings in employment discrimination cases, the 2^nd DCA said.

The DCA reversed a lower court's dismissal of an employment discrimination claim against a Lakeland hospital.  The trial court found that a dismissal and notice of rights issued by the federal Equal Opportunity Employment Commission was a "no cause" finding that required Jones to seek review by the FCHR and precluded her from filing a civil claim under the Florida Civil Rights Act.  However, the DCA previously held that such EEOC actions do not amount to a "no cause" finding, and therefore Jones had no duty to seek review by the FCHR.  The DCA also rejected the trial court's conclusion that the state commission's worksharing agreement with EEOC allowed it to accept the federal determination without taking any action of its own.

"The language of this Worksharing Agreement states that the FCHR will issue its own findings, agreeing with the EEOC only if it is acceptable to the FCHR.  The language is clear and is contrary to the trial court's finding that the EEOC's adverse determination had the same effect as an adverse determination by the FCHR," the DCA said.  [Jones v. Lakeland Regional Medical Center, 11/9/01]@

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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

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

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FAX - 850/414-2585 - SUNCOM 994-2585