VOL. XXVI  . . . . . . . . . . September 25, 1002 . . . . . . . . . . . . . . NO. 29

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

 

CA-2002-073; Order 02GC-219 (September 17, 2002)

ALFREDO PUMARIEGA, Charging Party,

v.

CITY OF MIAMI POLICE DEPARTMENT, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by retaliating against Pumariega.

AA complaint that a local government supervisor has taken adverse personnel action in retaliation for an individual employee's disclosure of improper conduct is not within the Commission's jurisdiction as an unfair labor practice.=

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

**CA-2002-070; CB-2002-023; Order 02GC-220 (September 18, 2002)

SANDRA CULLARO, Charging Party,

v.

HILLSBOROUGH COUNTY PUBLIC SCHOOLS, Respondent.

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

SANDRA CULLARO, Charging Party,

v.

HILLSBOROUGH SCHOOL EMPLOYEES FEDERATION, Respondent.

The General Counsel summarily dismisses the charge that the employer and the union violated the Act by the manner in which Cullaro was investigate and how the investigation was mis-handled by both the employer and the union.  [Because these charges concern related facts, they have been consolidated for purposes of discussion and disposition {PERC note}.]  A portion of the charge is untimely and therefore procedurally deficient.

ANotwithstanding the procedural defects, Cullaro=s charges are insufficient on their merit ...  The rights of employees protected by this provision are set forth in section 447.301 (1) and (3), Florida Statutes ...  Here, Cullaro=s charge fails to provide sufficient evidence that the alleged mishandled investigation was a result of her exercise of rights set forth in section 447.301, Florida Statutes.@

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

EL-2002-022 (Relates to RC-2002-025); EL-2002-023 (Relates to RC-2002-030) (September 18, 2002)

PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,

v.

CITY OF BOYNTON BEACH, Respondent, Intervenor.

Election results and order certifying unit 1374 for police lieutenants employed by the City.  Certification 895 is hereby revoked.  The six eligible voters cast six ballots for the Petitioner.

Election results and order certifying unit 1375 for police sergeants.  Certification 782 is hereby revoked.  22 eligible voters cast 21 ballots for the Petitioner.

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

EL-2002-028 (Relates to RC-2002-031) (September 18, 2002)

LABORERS= INTERNATIONAL UNION OF NORTH AMERICA, LOCAL UNION 800,

Petitioner,

v.

CITY OF NORTH BAY VILLAGE, Respondent.

Election results and order certifying unit 1376 for dispatcher, head dispatcher, clerk typists, mechanic, driver, sanitation worker, street maintenance worker, sewer maintenance worker, water maintenance worker, the county clerk, administrative secretary to the building official, building official, bus driver, postal worker, and part-time account clerk.  19 eligible voters cast 15 ballots for and 1 against the union.

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

EL-2002-030 (Relates to RC-2002-037) (September 19, 2002)

WEST CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION, Petitioner,

v.

CITY OF DADE CITY, Respondent,

v.

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, Intervenor.

Election results and order certifying unit 1377 for full-time probationary detectives and police officers, including school resource police officers and community police officers.  Sixteen eligible voters cast 14 ballots for and 1 against the union.

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

AC-2002-009: Order 02E-221 (September 23, 2002)

IN RE:  PETITION OF PALM HARBOR / OLDSMAR PROFESSIONAL FIREFIGHTERS, LOCAL 2980, IAFF, TO AMEND CERTIFICATION 690.

PERC grants the petition to amend certification 690 to reflect the petitioner=s change of name and retain the union as the exclusive bargaining agent.

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

RC-2002-044; Order 02E-222 (September 23, 2002)

TEAMSTERS LOCAL UNION NO. 769, Petitioner,

v.

INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, Respondent.

PERC approves the consent election agreement and orders a secret ballot election for all employees of the Indian River County Emergency Services District in the classification of EMS battalion chief.

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

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

[From Attorney General=s Appellate Alert]

Florida Supreme Court

AAmended rules re: workers' compensation ...  The Florida Supreme Court, acting on the biennial recommendations of a Florida Bar committee, adopted a series of revisions to the Florida Rules of Workers' Compensation.

The amendments to the rules cover many of the current workers' compensation rules, in part to adapt to recent statutory changes by the Legislature.  In addition, the court adopted a series of rule amendments and new forms that are not based on statutory changes, including provisions easing the requirement that a notary be present when a deposition is taken by telephone, advising claimants that certain liens may arise from workers' compensation proceedings, and broadening the categories of health care providers whose medical reports may be used as evidence in workers' compensation cases.  The amendments will take effect on January 1. [Amendments to the Florida Rules of Workers' Compensation{130 page document}, 9/19/02]@

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

1^st District Court of Appeal

AAppeal of suspension - career service vs. select exempt ...  A state employee may challenge a disciplinary action against him for acts he committed while in career service, even though his position was reclassified to select exempt before the suspension was imposed, the 1^st DCA held.

The court reversed the Public Employees Relations Commission, which dismissed Gary Dickens' appeal because he was not a career service employee at the time he was suspended by the Department of Juvenile Justice.  The court noted that vested career service employees have a property interest in their jobs and can only be disciplined or dismissed for cause, a protection not enjoyed by select exempt employees.

"Dickens had the right to appeal the suspension that arose from his conduct as a career service employee, even though the Department initiated disciplinary action after the reclassification of his position to selected exempt service," the DCA said.  "Nothing in these statutes precludes Dickens from appealing the disciplinary action taken against him for conduct occurring while he was a career service employee."  [Dickens v. Department of Juvenile Justice, 9/13/02]@

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

PART III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARBITRATION

**SCHOOL BOARD OF LAKE COUNTY (Bill R. Skelton) (September 19, 2002)

and

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 362, AFL-CIO, CLC.

The parties stipulated the issue to be:

Did the School Board of Lake County violate the contract by not allowing Ms. Bryson to bump another employee based upon her reduction in hours?  If so, what shall the remedy be?

AThe union has not established with sufficient probated evidence a violation of the Collective Bargaining Agreement in the manner in which the School Board of Lake County did not allow Ms. Bryson to bump another employee based upon her reduction in hours.  The grievance is denied.@

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

 

PART VI . . . . . . . . . . . . . . . . . . . . . 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