VOL. XXV  . . . . . . . . . . . . . October 24, 2001 . . . . . . . . . . . . . . . . NO. 37

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

 

CB-2001-022;Order 01GC-272(October 18, 2002)

GERONIA FREDERICK, Charging Party,

v.

PROFESSIONAL ASSOCIATION O CITY EMPLOYEES, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by refusing to Aprocess her collective bargaining grievance to the final step of arbitration.  The charge does not indicate whether PACE represented Frederick at lower levels of the grievance process.

The reason articulated by the PACE representative for its decision not to represent Frederick in arbitration was a simple one:  Frederick is not a member of PACE. Frederick admits she does not pay dues to PACE, but PACE would be liable for paying her share of the arbitration costs, which were estimated at $3000.00.  There is no allegation that PACE has prevented Frederick from processing her grievance to arbitration without PACE's assistance.@

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CB-2001-024;Order 01GC-273(October 18, 2001)

LEON SZCZEPANSKI, Charging Party,

v.

FRATERNAL ORDER OF POLICE, LODGE #133, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by involuntarily withdrawing his union membership.

AAs voluntary associations, unions do have an inherent right to control their internal affairs, including the privilege of membership.  See Florida Nurses Association vs. North Broward Hospital District 7, FPER & 12285 at 565 (1981).@

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CB-2001-019;020;021;Order 01GC-274(October 18, 2001)

ANDREW TODD BECKHAM, Charging Party,

v.

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3170, Respondent.

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ANDREW TODD BECKHAM, Charging Party,

v.

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3170, (MIKE CROCE, UNION STEWARD), Respondent.

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ANDREW TODD BECKHAM, Charging Party,

v.

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3170, (JERRY COUGHLIN, VICE-PRESIDENT), Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by rejecting Beckham=s union membership application.

AAs voluntary associations, unions do have an inherent right to control their internal affairs, including the privilege of membership.  See Florida Nurses Association vs. North Broward Hospital District 7, FPER & 12285 at 565 (1981)...

... management received complaints that Beckham has been tardy, he did not account for missed time on his timesheet, and for his outside employment activities.  However, there is no evidence that the Respondents filed these anonymous complaints against Beckham because he was not a union member.  Accordingly, the charges fail to demonstrate a prima facie violation of Section 447.501(2)(b), Florida Statutes.@

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**CB-2001-018;Order 01GC-275(October 19, 2001)

GAIL M. MARTIN, Charging Party,

v.

CHARLOTTE COUNTY SUPPORT PERSONNEL, FTP-NEA, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by unlawfully refusing to process a collective bargaining grievance on Martin=s behalf.

AMartin is a union member...

A union certified to represent a collective bargaining unit must do so in good faith...  However, a union may lawfully decline to process a collective bargaining contract grievance when it determines that the grievance would lack merit.  In other words, a union is "the representative but not the servant of the employee.  It not only may, but should, exercise judgment and discretion in its representative capacity."  Myrick v. AFSCME, 6 FPER & 11074 at 125 (1988).@

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UC-2001-042;Order 01E-276(October 22, 2001)

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, PUBLIC EMPLOYEES, LOCAL 678, AFL-CIO, Petitioner,

v.

GREATER ORLANDO AVIATION AUTHORITY, Agency.

PERC dismisses the petition to clarify unit 329.  The sought-after position, Aterminal operations specialist classification@, was created after certification 329 issued; thus, the hearing officer concluded it was inappropriate to place that position in the bargaining unit through the unit clarification procedure.

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

[From Attorney General=s Appellate Alert]

4^thDistrict Court of Appeal

APublic records - investigation of officer...  A law enforcement agency is required to disclose records to an officer under investigation if it notifies the officer that the investigation has been completed but not if it indicates the investigation is still active, the 4^th DCA held.

The DCA rejected the attempt of a deputy sheriff's union to obtain investigative files on him.  Florida law requires an agency to provide the files if the investigation is no longer active, and the union argued that the investigation ended when the sheriff's office offered the deputy a pre-disposition meeting to present his side of the case.  The county argued instead that the meeting was intended to give commanders more information on which to base their determination, and therefore the investigation could not be considered complete.  The DCA agreed and denied the union's request for the records.

A(l)t is clear that the meeting with the investigated officer is part of the information gathering process.  What the officer tells the investigators will be evaluated. Discipline Is not an accepted fact at this point.  There is no >finding to proceed with disciplinary action or to file charges.=  Therefore, we conclude that the trial court correctly determined that the internal investigation file was still subject to the exemption@ from disclosure, the DCA said.  [Palm Beach County Police Benevolent Association v. Neumann, 10/17/01]@

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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

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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.

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

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