VOL. XXVI  . . . . . . . . . . . . February 27, 2002 . . . . . . . . . . . . . . NO. 07

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

 

CB-2002-002; Order 02GC-042 (February 20, 2002)

CITY OF PORT ST. LUCIE, Charging Party,

v.

COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by refusing to collectively bargain during normal business hours unless employee members of the Association's bargaining team were permitted to attend without loss of pay or benefits.

AThe Association=s refusal to bargain with the city during normal working hours without loss of pay or benefits to all employee members of its large bargaining team raises the issues of whether it=s refusal is reasonable and whether it=s prerequisites to meeting B at times other than normal working hours unless all employee members of its large bargaining team are paid for attending negotiations -- are unreasonable ...

...  However, even if it is assumed that the Association acted in bad faith by engaging in the two incidents described above, they are but two aspects of the association=s total bargaining conduct, these two indicia have not been found sufficient in themselves to establish a prima facie violation of a party=s duty to bargain in good faith.@

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CA-2002-013; Order 02GC-043 (February 20, 2002)

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

v.

THE HONORABLE JEB BUSH, GOVERNOR, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act when a senior management analyst at the DOR e-mailed a memorandum to DOR employees who are members of Council 79 advising them of a monthly dues increase and giving them "directions regarding how to discontinue membership."

AHere, it is unclear whether Council 79 raised dues or the DOR employee fabricated this information.   In addition, it is unclear whether the employee who sent the e-mail was acting in a representational capacity for DOR or as a lower level office employee ...

...  This one sentence statement made by what appears to be a mid-level administrative employee, without any additional background allegations of coercion, restraint or attempted interference with union membership, is insufficient to warrant referring this charge for a hearing.@

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CA-2002-012; Order 02GC-044 (February 20, 2002)

FEDERATION OF PUBLIC EMPLOYEES, Charging Party,

v,

VILLAGE OF MIAMI SHORES, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by refusing to permit Willie Lee James to have union representation during an investigatory interview.  AThe charge is procedurally deficient because it does not contain  the factual detail and specificity required by the Commission, and set forth in United Faculty of Florida v. Board of Regents, 8 FPER & 13187 at 338 (1982).@

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**CA-2002-014; Order 02GC-045 (February 22, 2002)

BEVERLY WALKER, Charging Party,

v.

MIAMI-DADE COUNTY PUBLIC SCHOOLS, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by dismissing Walker.

AThe Commission will not accept unfair labor practice charges, or any other documents that must be notarized, by facsimile transmission.  See Helene Berman v. Dade County Public Schools, 26 FPER & 31023 (G.C. Summary Dismissal 1999), aff=d, Case No. CA-99-045 (Fla. PERC Jan. 27, 2000) ...  Here, Walker's charge is ineffective because it was filed by facsimile transmission.@

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RC-2002-007; Order 02E-046 (February 22, 2002)

PROFESSIONAL MANAGERS AND SUPERVISORS ASSOCIATION, A DIVISION OF FEDERATION OF PHYSICIANS AND DENTISTS/ ALLIANCE OF HEALTHCARE AND PROFESSIONAL EMPLOYEES, NUHHCE, AFSCME, AFL-CIO, Petitioner,

v.

JEB BUSH, GOVERNOR OF THE STATE OF FLORIDA, Respondent.

PERC dismisses the petition seeking to represent the following bargaining unit of State of Florida (State) employees:

INCLUDED:  All full-time and regular part-time non-professional supervisors in the Selected Exempt Service (Individual classifications too numerous to list).

EXCLUDED:  All employees in the Career Service, Senior Management Service, and professional employees in the Selected Exempt Service; all managerial and confidential employees and all other employees.

The petition is deficient because it fails to list all classification to be included in the unit and the showing of interest does not meet the 30% requirement.

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VP-2001-009; Order 02VP-047 (February 22, 2002)

JEFFERY L. YOUNT, Complainant,

v.

LEE COUNTY, Respondent.

PERC finds that: A Neither the laws relating to veterans nor the DVA's rules provided that a preference in appointment and retention, which is the only preference for which Yount is eligible, may be asserted to obtain a preference in promotion.  Accordingly, Yount was not eligible to receive a promotional preference at the time he was promoted to the position of personnel technician III with DCF.  Therefore, that promotion could not have extinguished his employment preference.  For these reasons, we reject the hearing officer's conclusion that Yount's employment preference expired when he requested and accepted the DCF promotion, and grant Yount's exception that specifically addresses this issue.  Yount's general exceptions are dismissed as moot.  Accordingly, we conclude that Yount had a preference at the time he applied for the position of recruiter with the county.@

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RD-2002-001; Order 02E-048 (February 22, 2002)

JAY MAXWELL, Petitioner,

v.

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Respondent,

v.

THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, Intervenor.

PERC accepts the union=s disclaimer of interest in further representation of certification 1285 and revokes the certification.

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CA-2001-077; 078; Order 02U-049 (February 25, 2002)

PROFESSIONAL ASSOCIATION OF CITY EMPLOYEES, INC., Charging Party,

v.

CITY OF JACKSONVILLE, Respondent.

PERC affirms the General Counsel=s summary dismissal of December 28, 2001 and dismisses this case.

AAs indicated by the General Counsel, and as undisputed by PACE, the City and PACE have not adopted the prior union's collective bargaining agreement.  Once a new union displaces an incumbent, an existing collective bargaining contract "no longer exists, absent an agreement to accept the terms of the agreement by the successor employee organization, if any, and the employer."  Teamsters, Local Union 385 v. Orange County, 25 FPER & 30072 at 154 (1999).@

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AC-2002-004; Order 02E-050 (February 25, 2002)

IN RE:  PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, TO AMEND CERTIFICATION NO. 1243.

PERC amends certification 1243 to reflect the name of the certified bargaining agent as the PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC.

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CA-2001-070; Order 02U-051 (February 25, 2002)

FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO, Charging Party,

v.

FLORIDA DEPARTMENT OF LOTTERY, Respondent.

APERC dismisses the department's motion to discontinue the ULP hearing and proceed to arbitration.  The department admits that the arbitrator will decide the core issue in this case, however, it neglects to mention the issue of the grievant=s rights should the grievance be denied as untimely. ...  the motion to defer to arbitration requires that there be a statement concerning stable labor relations that would be facilitated by arbitration.  Finally, the motion to defer should indicate that the parties are willing to proceed unconditionally to arbitration.  The union's response to the prior motion indicates that the department seeks to raise procedural defenses to arbitration and that any location other than Orlando is unacceptable.@

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AC-2002-003; Order 02E-052 (February 25, 2002)

IN RE:  PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, TO AMEND CERTIFICATION NO. 1219.

PERC amends certification 1219 to reflect the name of the certified bargaining agent as the PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC.

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AC-2002-002; Order 02E-053; February 25, 2002

IN RE:  PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, TO AMEND CERTIFICATION NO. 1218.

PERC amends certification 1218 to reflect the name of the certified bargaining agent as the PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC.

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AC-2002-006; Order 02E-054 (February 25, 2002)

IN RE:  PETITION OF NATIONAL CONFERENCE OF FIREMEN & OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, TO AMEND CERTIFICATION NO. 1131.

PERC amends certification 1131 to reflect the name of the certified bargaining agent as the PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC.

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AC-2002-001; Order 02E-055 (February 25, 2002)

IN RE:  PETITION OF NATIONAL CONFERENCE OF FIREMEN & OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, CERTIFICATION NO. 225.

PERC amends certification 225 to reflect the name of the certified bargaining agent as the PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC.

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AC-2002-007; Order 02E-056 (February 25, 2002)

IN RE:  PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC, TO AMEND CERTIFICATION NO. 1132.

PERC amends certification 1132 to reflect the name of the certified bargaining agent as the PETITION OF NATIONAL CONFERENCE OF FIREMEN AND OILERS, LOCAL 1220, NCFO, SEIU, AFL-CIO, CLC.

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

[From Attorney General=s Appellate Alert]

U.S. Supreme Court

APrivacy - public school grading practices  ...  The privacy rights of public school students are not violated by the common practice of having classmates grade or correct their papers and call out the results, the U.S. Supreme Court held.

The justices unanimously rejected the challenge of an Oklahoma mother who contended the classroom practice violated federal law governing the release of student "education records."  Supporters of the paper-swapping practice maintained that the Family Educational Rights and Privacy Act of 1974 was intended to protect the privacy of a school's institutional records, not the results of a student's regular classroom performance on a given day.  A federal appeals court agreed with the mother's argument but the Supreme Court reversed, saying the mother's argument would impose a heavy burden on teachers to individually grade all papers and suggesting that the logical extension of the argument would be that federal law would even prevent a young student from showing a gold star to his classmates.

"Correcting a classmate's work can be as much a part of the assignment as taking the test itself.  It is a way to teach material again in a new context, and it helps show students how to assist and respect fellow pupils," Justice Kennedy wrote for the court. "The Court of Appeals' logic ... would effect a drastic alteration of the existing allocation of responsibilities between States and the National Government in the operation of the Nation's schools.  We would hesitate before interpreting the statute to effect such a substantial change in the balance of federalism unless that is the manifest purpose of the legislation."  [Owasso Independent School District v. Falvo, 2/19/02]@

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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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