Consequently, if you want personnel in your district to receive it, please have
them added to one of the Distribution lists by sending the email address
to the Tallahassee FEN Office.
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 June
27, 2001 NO. 22
OFFICIAL PUBLICATION OF THE FLORIDA SCHOOL
LABOR RELATIONS SERVICE
RD-2001-003; Order 01E-152
(June 21, 2001)
ALVIN MERSHON, Petitioner,
v.
NORTHEAST FLORIDA PUBLIC EMPLOYEES, LOCAL
630, LIUNA, AFL-CIO, Respondent,
v.
COLUMBIA COUNTY BOARD OF COUNTY
COMMISSIONERS, Intervenor.
PERC determines an appropriate petition to
decertify unit 1135 for the blue-collar unit and orders a secret ballot
election.
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CA-2001-020;
Order 01U-153 (June 21, 2001)
ZEPHYRHILLS
PROFESSIONAL FIRE FIGHTERS, LOCAL 3884, IAFF, Charging Party,
v.
CITY OF
ZEPHYRHILLS, Respondent.
PERC
partially affirms the General Counsel=s summary
dismissal of the charge that the employer violated the Act by disciplining its
vice president, James Kuhn, for remarking that a bargaining meeting was turning
into a "circle jerk."
AThe
amended charge was summarily dismissed on May 11 based on an election of
remedies and because Local 3884 waived negotiations by both signing a
collective bargaining agreement and through inaction.
... Local
3884 asserts that its charge is sufficient because the City violated its rights
as well as those of Kuhn by disciplining Kuhn for his comments at a collective
bargaining meeting. Notwithstanding
that it signed the grievance filed by Kuhn challenging the discipline, Local
3884 asserts that it is not precluded from filing this charge by Section
447.401, Florida Statutes, which limits a career service employee's appeal
options. Local 3884 claims that its rights
are separate from those of Kuhn, that they have not been and cannot be
determined through the grievance procedure, and that the Commission has the
exclusive jurisdiction to determine any violation of Local 3884's statutory
rights.
Upon
consideration of Local 3884's arguments, particularly with regard to the
election of remedies issue, we conclude that this charge is sufficient to
proceed to hearing.@
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UC-2001-025;
Order 01E-154 (June 21, 2001)
NATIONAL
CONFERENCE OF FIREMEN & OILERS, SEIU, LOCAL 1227, Petitioner,
v.
CITY OF
BOYNTON BEACH, Respondent.
PERC grant
the petition to clarify unit 138 to include newly created positions of bus
driver and utility location specialist senior.
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**RC-2001-006;
Order 01E-155 (June 21, 2001)
TEAMSTERS,
CHAUFFEURS AND HELPERS, LOCAL UNION NO. 79, Petitioner,
v.
THE SCHOOL
BOARD OF HILLSBOROUGH COUNTY, FLORIDA, Respondent,
v.
HILLSBOROUGH
CLASSROOM TEACHERS ASSOCIATION, INC., Intervenor,
v.
HILLSBOROUGH
SCHOOL EMPLOYEES FEDERATION, LOCAL 4154, FEA/UNITED, AFT, AFL-CIO,
Intervenor.
PERC
dismisses the petition seeking to represent a departmental unit of the School
Board of Hillsborough County, comprised of rank-and-file security
services employees. The hearing officer
found that a departmental unit was not appropriate and the commission affirms.
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EL-2001-019
(Relates to RC-2000-090)
FLORIDA
PUBLIC EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO, Petitioner,
v.
CITY OF
HIALEAH, Respondent,
v.
HIALEAH
CIVIL SERVICE EMPLOYEES ASSOCIATION, AFSCME LOCAL 3032, Intervenor.
Election
results and order revoking certification 91 and certifying unit 1336 for the
Petitioner. 1051 eligible voters cast
430 ballots for the Petitioner, 207 for the Intervenor and 14 against both
unions.
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UC-2001-029;
Order 01E-156 (June 22, 2001)
PINELLAS
SUNCOAST TRANSIT AUTHORITY, Petitioner,
v.
LOCAL
1220, SEIU, AFL-CIO, Respondent.
The
Authority=s
unopposed clarification petition seeking to delete the classification of safety
and training coordinator from the blue-collar supervisory bargaining unit
of employees represented by Local 1220 (certification 984) is granted.
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EL-2001-024
(Relates to RC-2001-009) (June 22, 2001)
UNION OF
NEEDLETRADES, INDUSTRIAL AND TEXTILE EMPLOYEES, AFL-CIO, CLC, Petitioner,
v.
LEON
COUNTY, Respondent.
Election
results and order dismissing petition to represent a unit of operational
employees. 141 eligible voters cast 77
ballots against and 48 for the union.
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RC-2001-022;
Order 01E-157 (June 22, 2001)
PINELLAS
LODGE NO. 43, FRATERNAL ORDER OF POLICE, Petitioner,
v.
CITY OF
PINELLAS PARK, Respondent,
v.
PINELLAS
COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Intervenor.
PERC
determines an appropriate unit of police sergeants and orders a secret ballot
election.
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PART IV Attorney General=s Opinions
[From
Attorney General=s Appellate Alert]
**APayroll
deductions for public employee political donations ... In response to a request from the Lake
County School Board attorney, the Attorney General issued an advisory opinion
stating in sum: "Voluntary
payments to a political action committee by public employees are not special
assessments which a public employer is prohibited from collecting under section
447.303, Florida Statutes." [AGO-2001-041, 6/19/01]@
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Part VII. MISCELLANEOUS
=======================================================================
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