VOL. XXVI  . . . . . . . . . . . . August 28, 1002 . . . . . . . . . . . . . . NO. 25

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

 

**CA-2002-063; Order 02GC-199 (August 19, 2002

BROWARD TEACHERS UNION, LOCAL 1975, Charging Party,

v.

THE SCHOOL BOARD OF BROWARD COUNTY, Respondent.

The General Counsel summarily dismisses that portion of the charge that the employer violated the Act by refusing to process a grievance.  That portion of the charge that the board unilaterally changed the dates of summer school and reduced the number of pay checks is found sufficient and ordered to an evidentiary hearing.

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

EL-2002-014 (Relates to RC-2001-062) Order 02E-200 (August 21, 2002)

OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, Petitioner,

v

VOLUSIA COUNTY, Respondent.

PERC dismisses the post-election petition, verifies the election results and dismisses the petition.  147 eligible voters cast 67 ballots against and 53 for the union.

AThe Commission has held that campaign literature will not serve as the basis for overturning the results of an election unless it contains a threat of reprisal or a promise of benefit. See SEIU, Local 1991 v. Hillsborough County Hospital Authority, 20 FPER & 25059 (1994).  Contrary to the Union, we do not believe that Coto's [county manager] statement contains a threat of reprisal or a promise of benefit.  An objective review of the statement does not lead to the conclusion that bargaining members would receive a significant pay increase upon completion of the study.  Further, the Union has not provided affidavits from any employees asserting that they believed they would receive a pay increase if they voted against the Union.@

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

CA-2002-061; Order 02GC-201 (August 21, 2002)

ALEXIS DEAN, Charging Party,

v.

DEPARTMENT OF CORRECTIONS, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by the employer=s actions in retaliation for Dean=s activities as a "whistle blower" which caused her to be subjected to harassment by correctional officers at HCI,  as well as, her having to endure inadequate safety conditions.  She was dismissed and now is not able to find employment because of involvement and intervention from the employer.

AHer dismissal was also alleged to have taken place because of her gift of books to an inmate's grandmother and for placing money into the inmate's bank account to buy tennis shoes through the prison canteen ... She also alleges that she has not been properly paid upon her dismissal ...

The Commission's jurisdiction concerning the dismissal of State employees (other than for positive drug testing which does not apply in this case) falls into three categories:  career service appeals, whistle blower appeals, and unfair labor practice charges.  The Commission does not have jurisdiction of Dean's dismissal as a career service appeal because it is untimely filed (within fourteen days of her dismissal) and she has not shown that she had permanent status as a career service employee (having been dismissed during her first year of her employment).  See Section 110.227(5)(a), Fla. Stat. (2002).  The Commission does not have jurisdiction of Dean's dismissal as a whistle blower complaint because she did not timely file a complaint with the state within sixty days of her dismissal.  See Section 112.31895(1)(a), Fla. Stat. (2002); see  also, e.g., Harrison v. Department of Children and Families, 24 FPER  & 29182 (G.C. Summary Dismissal 1998).  Section 447.503(6)(b), Florida Statutes (2002), states that an unfair labor practice charge is timely if filed within six months of the alleged unfair labor practice.  Therefore, the undersigned has considered Dean's complaint as an unfair labor practice charge since it is timely filed for that purpose.  However, the fact that the charge is timely filed does not demonstrate that it states a prima facie violation of an unfair labor practice provision.

Dean's charge is in the form of a letter to the Commission.  An unfair labor practice charge form is to be utilized in filing an unfair labor practice charge (PERC Form 15).  The charge form is required to contain a clear and concise statement of the facts constituting the alleged unfair labor practice (including the names of individuals involved in the alleged unfair labor practice, and the time and place of occurrences of the particular act giving rise to the dispute), the specific provisions of Section 447.501, Florida Statutes (2002), alleged to have been violated and the notarized signature of the person filing the charge.  See Fla. Admin. Code Rule 6000-4.001.  Further, the unfair labor practice charge, and any other filing with the Commission, is required to be served on the opposing party. Fla. Admin. Code Rule 28-106.110.

Although Dean's letter may contain facts that constitute an alleged unfair labor

practice, it is deficient in that it was not filed upon the required form, not notarized (or supported by notarized statements), not served upon the opposing party, and does not allege violations of specific provisions of Section 447.501, Florida Statutes.  Accordingly, I have dismissed this charge for these procedural deficiencies, although I have included a copy of the appropriate form should Dean decide to amend her charge through utilizing the proper form, which is attached to this order.@

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

EL-2002-026 (Relates to RC-2002-016); Order 02E-242; (August 22, 2002)

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, Petitioner,

v.

CITY OF SUNRISE, Respondent,

v.

FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, (AFL-CIO),  Intervenor.

PERC determines that a mail ballot election is appropriate and denies motions for an on-site election from the Respondent and Intervenor.

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

 

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