VOL. XXVI  . . . . . . . . . . . . April 24, 2002 . . . . . . . . . . . . . . NO. 13

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

 

CB-2002-007; Order 02GC-093 (April 16, 2002)

GLORIA MCCRAY, Charging Party,

v.

AMALGAMATED TRANSIT UNION, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by breaching its duty of fair representation.  AThe factual matters in McCray=s notarized statement are conclusional and do not provide the requisite factual information demonstrating a violation of Section 447.501(2)(a), Fla. Stat.@

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

CA-2002-027; Order 02GC-094 (April 16, 2002)

GLORIA MCCRAY, Charging Party,

v.

HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY (HARTLINE), Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by its treatment of McCray regarding a contractual violation of Article 13.  AThe factual matters in McCray=s notarized statement are conclusional and do not provide the requisite factual information demonstrating a violation of Section 447.501(2)(a), Fla. Stat.  McCoy=s statement cannot be relied upon because it is not notarized.  In the absence of such factual information in the charge, I cannot conclude the charge establishes a prima facie violation.@

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

RC-2002-003; Order 02E-095 (April 16, 2002)

PONCE INLET PROFESSIONAL FIREFIGHTERS, LOCAL 4140, Petitioner,

v.

TOWN OF PONCE INLET, Respondent.

PERC remands the case to the hearing officer for further determinations regarding the composition of the bargaining unit.  AIn their consent election agreement, the parties seek to exclude part-time fire fighter personnel from the proposed unit.  The Commission has consistently included part-time employees in bargaining units with full-time employees if their employment can be described as regular, rather than temporary or casual.== The statement in the consent election agreement is in conflict with the hearing officer=s recommended order and PERC=s established policy.

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

CA-2002-018; Order 02GC-096 (April 17, 2002)

JOE FERRARA, Charging Party,

v.

CITY OF WEST MIAMI,  Respondent.

The General Counsel summarily dismisses the amended charge that the employer violated the Act by excluding Ferrara from staff meetings, improperly reimbursing him for his taxes that were wrongfully deducted, not permitting him to attend rehabilitation while on duty, denying him disability benefits, terminating him from his desk job, denying him special administrative assignment, denying him annual leave eligibility and eliminating his department duties.

AThe requisite facts, which must be contained within the charge itself, must include the names of the individuals involved in the alleged unfair labor practice, and the time and place of occurrences of the particular acts giving rise to the dispute ...

The instant charge against the City is vague and does not contain a >clear and concise= statement of facts.  Specifically, Ferrara fails to include sufficient facts regarding the City=s response to his disability.  He merrily lists conclusional statements of how the City has allegedly treated him in the past six months.  He fails to include any correspondence he had with the City regarding the alleged disability benefits he should have received.  Additionally, no supporting documentation was filed to support the incidents alleged.@

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

CA-2002-028; Order 02GC-097 (April 17, 2002)

AFSCME FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFL-CIO, Charging Party,

v.

STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND DEPARTMENT OF JUVENILE JUSTICE, Respondents

The General Counsel summarily dismisses the charge that the employer violated the Act by failing to bargain in good faith over the layoff of department of juvenile Justice employees.

AAFSCME did not file its charge on an official Commission unfair labor practice charge form, although its charging document contains much of the same information and was accompanied by sworn statements in support of the charge.  However, the charge itself, which was signed by Alma Gonzalez-Neimeiser, was not notarized.  It is essential that the charge be notarized because it contains certain factual allegations which are not included in the sworn statements accompanying the charge.  For this reason, the charge is deficient.@

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

CB-2002-008; Order 02GC-098 (April 18, 2002)

CITY OF RIVIERA BEACH, Charging Party,

v.

NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, LOCAL 1227, AFL-CIO, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by refusing to submit a duly negotiated agreement to its members for ratification and for continuing its >surface bargaining= practices.

AHere, the charge is deficient because it alleges no facts which, if proven, would demonstrate that Local 1227 has engaged in >shadowboxing= or >surface bargaining.=  While some of this information may be discernible from the supporting documents, a factually deficient charge cannot be cured by resorting to the supporting documents.  See Sarasota CTA v. School Board of Sarasota, 14 FPER & 19010 (G.C. Summary Dismissal 1987).@

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

EL-2002-009 (Relates to RC-2001-061) (April 22, 2002)

FLORIDA COMMUNITY COLLEGE FACULTY FEDERATION, Petitioner,

v.

FLORIDA COMMUNITY COLLEGE JACKSONVILLE, Respondent.

Election results and order certifying unit 1359 for all full-time professional employees paid on the instructional salary schedule, including teaching faculty, librarians, and counselors of students.  373 eligible voters cast 201 ballots for and 132 against the union.

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

**CA-2002-029; Order 02GC-099 (April 22, 2002)

DUVAL TEACHERS UNITED, Charging Party,

v.

DUVAL COUNTY SCHOOL BOARD, Respondent,

The General Counsel summarily dismisses the charge that the employer violated the Act by meeting with certain kindergarten teachers represented by the DTU to resolve issues affecting their wages and other terms and conditions of employment.

AThe charge is procedurally deficient because it does not contain the factual detail and specificity required by the Commission.  The requisite facts, which must be contained within the charge itself, must include the names of the individuals involved in the alleged unfair labor practice, and the time and place of occurrences of the particular acts giving rise to the dispute.@

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

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

[From Attorney General=s Appellate Alert]

1^st District Court of Appeal

ALegislature's authority to alter negotiated pay raise ...  A trial court correctly dismissed a police union's complaint that the Legislature acted illegally when it failed to fully fund a pay raise for union members included in a wage agreement negotiated with the executive branch, the 1^st DCA said.

The court said the union's request for an order implementing the negotiated wage agreement and directing the Legislature to revise the negotiation laws would violate the constitutional separation of powers.  The DCA noted that numerous court cases have established that wage agreements negotiated with the executive branch depend on the funding support of the legislative branch before they can be implemented.  The case arose out of the union's negotiations with the Governor's Office over wages for state correctional officers and correctional probation officers for the 2000-2001 fiscal year.  The Legislature appropriated an amount sufficient to fund only half the 5 percent pay raise included in the negotiated agreement.

"A wage agreement with a public employer is subject to the necessary public funding which involves the powers, duties, and discretion of the legislature.  The legislature is not required to fund a collective bargaining agreement of public employees," the DCA said.  [Florida Police Benevolent Association v. Bush and Florida Legislature, 4/16/02]@

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

ACommission vice chair's authority to act ...  A state agency erred when it allowed its vice chairman, acting alone, to dismiss a reapplication for benefits and then enter an order denying a motion for reconsideration, the 1^st DCA held.

After the Division of Retirement denied Dorothy Jackson's second application for benefits, she requested a formal hearing before the State Retirement Commission.  The division moved to dismiss on various grounds, and the vice chair of the commission, acting alone on behalf of the chair, orally granted the motion.  When Jackson sought reconsideration, the vice chair entered a written order denying the motion for reconsideration.  Jackson appealed, and the DCA said the commission vice chair's actions were in error because only a panel of commission members, not the vice chair alone, may take such final action.  The statutory provision empowering the vice chair does not include the authority to dispose of motions, the court added.

"The plain language of (the statute) permits decisions and orders disposing of appeals to be issued only by panels of not fewer than three members, whereas subparagraph (b) (establishing a vice chair) is addressed to the efficient conduct of meetings and hearings," the DCA said in offering further proceedings before a three-­member panel of the commission.  [Jackson v. Division of Retirement, 4/16/02]@

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

 

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