OFFICIAL PEUBLICATION OF THE FLORIDA SCHOOL LABOR RELATIONS SERVICE
OFFICIAL PEUBLICATION OF THE O R D E R
S U M M A R Y
PLEASE COPY TO SCHOOL BOARD MEMBERS
AND
ADMINISTRATORS AS NEEDED.
**School Board
Cases
VOL. XXV . . . . . . . . . . . . . September 26, 2001
. . . . . . . . . . . . . . . . NO. 33
PART I. . . . . . . . . . .
. . . . . . . . . . . . . ORDERS ISSUED BY PERC
**CB-2001-014;Order
01GC-244(September 19, 2001)
ROLANDO J. ALVAREZ,
Charging Party,
v.
HILLSBOROUGH CLASSROOM
TEACHERS ASSOCIATION, INC., Respondent.
The General Counsel
summarily dismisses the charge that the union violated the Act by the manner in
which it conducted a mail ballot contract ratification vote.
AAlvarez has not provided
facts alleging that the flyer/ballot was the only
notice of the mail ballot
ratification vote communicated to the members of the bargaining
unit. Rule 20:002(1)
permits a union to notify members of its bargaining unit by any means which may
reasonably be expected to come to their attention, including but not limited to
the following:
(a) posting inconspicuous places where notices to members of
the bargaining unit are customarily posted, or;
(b) personal delivery to the members of the bargaining unit,
or;
(c) mailing to the members of the bargaining unit, or;
(d) advertisement in an employee newsletter distributed to
the members of the bargaining unit or in a newspaper of general circulation in
the community where the members of the bargaining unit are employed.
Alvarez's charge is also
procedurally deficient because it contains the hearsay allegation that it was
his "understanding" that when more than one ballot was received in an
envelope, the ballots were thrown out.
A charge must contain facts of which the charging party has personal
knowledge or be supported by an affidavit from someone with personal knowledge.
' 447.503(1), Fla. Stat.
(2001); Fla. Admin. Code Rule 38D-21.001(5).
Therefore, Alvarez's understanding may not be considered as facts
supporting his charge.
Alvarez's charge that the
flyer/ballot did not contain certain information about provisions of the
proposed collective bargaining agreement is a valid concern but again, without
facts alleging that the flyer/ballot was the only notice of the ratification
vote communicated to unit members and that they were not notified that a copy
of the proposed agreement was available for inspection at a specified location,
the charge does not establish a prima facie violation.@
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AC-2001-026;01E-245(September
20, 2001)
IN RE: JOINT PETITION OF FLORIDA BOARD: OF
EDUCATION AND FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, TO AMEND CERTIFICATION 731.
AOn August 30, 2001, the
Florida Board of Education and Florida Public Employees Council 79, American
Federation of State, County and Municipal Employees, AFL-CIO filed a joint
petition to amend certification 731 by substituting the Florida Board of
Education for the Florida Board of Regents, State University System (BOR) as
the public employer. On September 4, a
hearing officer was appointed in this case.
That same day the hearing officer issued his order recommending that the
petition be granted. No exceptions have
been filed.
Upon consideration of the
petition and for the reasons stated by the hearing officer, we agree that the
petition should be granted... Accordingly, Certification 731 is amended to
designate the Florida Board of Education as the public employer.@
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AC-2001-024;Order
01E-246(September 21, 2001)
IN RE: JOINT PETITION OF FLORIDA BOARD OF EDUCATION
AND FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. TO AMEND CERTIFICATION NO. 729.
AUpon consideration of the
petition and for the reasons stated by the hearing officer, we agree that the
petition should be granted.
Accordingly, certification 729 is amended to designate the Florida Board
of Education as the public employer.@
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AC-2001-022;Order
01E-247(September 24, 2001)
IN RE: JOINT PETITION OF FLORIDA BOARD OF EDUCATION
AND UNITED FACULTY OF FLORIDA, TO AMEND CERTIFICATION 502.
AUpon consideration of the
petition and for the reasons stated by the hearing
officer, we agree that the
petition should be granted.
Accordingly, certification 502 is
amended as follows to
designate the Florida Board of Education as the public employer:
INCLUDED: All employees employed in the following
classifications at the University of South Florida:
9181 - Graduate Research Associate, 9182 - Graduate
Research Assistant, 9183 - Graduate Teaching, Associate, 9184 - Graduate
Teaching Assistant, 9185 - Graduate Assistant
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EL-2001-032 (Relates to
RC-2001-029)(September 24, 2001)
INTERNATIONAL UNION OF
PAINTERS AND ALLIED TRADES; AFL-CIO, LOCAL UNION 2301, Petitioner,
v.
CITY OF CAPE CORAL,
Respondent.
Election results and order
dismissing the petition to represent non supervisory unit:
INCLUDED: All nonsupervisory professional employees
employed by the City of Cape Coral in the following positions: civil engineer I, civil engineer III,
contract specialist, environmental resources biologist, grant
coordinator/writer, planner, principal planner, and strategic business
development coordinator.
16 eligible voters cast 15
ballot against and 1 for the union.
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AC-2001-021;Order
01E-248(September 24, 2001)
IN RE: JOINT PETITION OF FLORIDA BOARD OF EDUCATION
AND UNITED FACULTY OF FLORIDA TO AMEND CERTIFICATION 501.
AUpon consideration of the
petition and for the reasons stated by the hearing
officer, we agree that the
petition should be granted.
Accordingly, certification 501 is
amended as follows to
designate the Florida Board of Education as the public employer:
INCLUDED: All employees of the University of Florida
in the classifications of graduate research associate (9181), graduate research
assistant (9182), graduate
teaching associate (9183),
graduate teaching assistant (9184), and graduate assistant (9185).
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AC-2001-023;Order
01E-249(September 24, 2001)
IN RE: JOINT PETITION OF FLORIDA BOARD OF EDUCATION
AND UNITED FACULTY OF FLORIDA TO AMEND CERTIFICATION 1160.
AUpon consideration of the
petition and for the reasons stated by the hearing officer, we agree that the
petition should be granted.
Accordingly, certification 1160 is amended as follows to designate the
Florida Board of Education as the public employer:
INCLUDED: All employees at Florida A&M University
in the classifications of graduate research associate (9181), graduate research
assistant (9182), graduate teaching associate (9183), graduate teaching
assistant (9184), and graduate assistant (9185).
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AC-2001-020;Order
01E-250(September 24, 2001)
IN RE: JOINT PETITION OF FLORIDA BOARD OF EDUCATION
AND UNITED FACULTY OF FLORIDA TO AMEND CERTIFICATION NO. 218.
AUpon consideration of the
petition and for the reasons stated by the hearing officer, we agree that the
petition should be granted. Accordingly, certification 218 is amended to
designate the Florida Board of Education as the public employer.@
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PART IV . . . . . . . . . .
. . . . . . . . . . . . . SPECIAL MASTER
**SM-201-015(9/15/01)
In the Matter of Impasse
Between:
MIAMI-DADE COUNTY PUBLIC SCHOOLS
(Employer)
and
FRATERNAL ORDER OF POLICE
(Union)
Issues at impasse are: Article I - General Purposes, Article II -
Definitions, Article IV - Employer Rights, Article VI - General Provisions,
Article VIII - Union Access, Article IX - Union Stewards, Article X -
Disciplinary Action, Article XI - Grievance Procedure, Article XI I - Working Conditions, Article
XV - Seniority, Article XVI - Probationary Employees, Article XX - Leaves,
Vacations, and Holidays, Article XXI - Insurance and Other benefits, Article
XXII - Health Services/Physical and Psychological Examinations and Tests,
Article XXV - Education and Training, Article XXVI - Legal Services, Article
XXVII - Dues Deduction, Article XXVII - Terminal Pay, Article XXIX - Salary,
Article XXX - Severability, Article XXXI - Ratification and Final Disposition,
Appendix A - Unit Description, Appendix B - Non-Instructional Classification
Plan and Policies, Appendix C - Eligibility Criteria for Educational Assistance
Program, Appendix D - Salary Schedule.
A sixty-two (62) page
recommendation that apparently attempts to Abring the school unit@ into some sort of parity
with Asurrounding school and
non-school based units@. [Rather esoteric, but could be worthwhile reading
for districts with security units.]
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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.
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.
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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