VOL. XXV                 August 29, 2001                        NO. 29

 

PART I.      ORDERS ISSUED BY PERC

 

UC-2001-039;Order 01E-206(August 22, 2001)

 

ST. LUCIE COUNTY CLASSROOM TEACHERS' ASSOCIATION AND CLASSIFIED UNIT, Petitioner,

v.

SCHOOL BOARD OF ST. LUCIE COUNTY, Respondent.

PERC grants the union=s initially disputed petition to clarify the non-instructional unit accepting the parties= joint stipulations.  Certification 518 is clarified to include the following classifications:

All aides; behavior technician; bookkeeper; bus para­professional; clerk; clerk/bindery worker; community health worker; computer operator; data processing user support I, II & III; home/school coordinator; personnel records specialist; printer I & II; route specialist; school registrar; secretary I, II & III; senior computer operator; speech therapy assistant; student assignment operator I & II; teacher assistants; terminal operators; textbook testing manager; and transportation dispatcher.

The following classifications are excluded:  School principals' "personal" secretary; secretary to the superintendent; secretary to assistant superinten­dent; secretary to director of finance; secretary to director of vocational education and facilities; CETA employees; and all other employees of the St. Lucie County School Board not specifically included in the proposed unit.

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EL-2001-036 (Relates to RC-2001-018);Order 01E-207(August 22, 2001)

INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, Petitioner,

v.

CITY OF CASSELBERRY POLICE DEPARTMENT, Respondent,

v.

CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., A CHAPTER OF THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Intervenor.

PERC denies city=s the motion for an on-site election.

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EL-2001-033 (Relates to RC-2001-019)Order 01E-208(August 22, 2001)

INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, Petitioner;

v.

CITY OF CASSELBERRY, Respondent.

PERC denies city=s the motion for an on-site election.

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UC-2001-042;Order 01E-209(August 22, 2001

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, PUBLIC EMPLOYEES, LOCAL 678, AFL-CIO, Petitioner,

v.

GREATER ORLANDO AVIATION AUTHORITY, Respondent.

PERC denies the authority=s motion to Adismiss the petition on the ground of the contract bar provision of Section 447.307(3)(d), Florida Statutes...

Our ruling on Respondent's motions is guided by decisions of the various state appellate courts that have denied review of interlocutory orders in Commission proceedings.  In City of Orlando v. Orlando Professional Fire Fight, Local 1365, 412 So.2d 406 (Fla. 5^th DCA 1982) the court held that a Commission order designating certain employees as managerial or confidential employees while determining the appropriateness of a bargaining unit and directing an election is not final agency action and, therefore, not subject to judicial review.  The court's holding was based upon the provisions of Section 120.68(1), Florida Statutes, allowing for immediate judicial review of intermediate agency orders only "if review of the final agency decision would not provide an adequate remedy."  The court also relied upon similar rulings by the First and Second District Courts.@

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EL-2001-025(Relates to-RC-2001-008);Order 01E-210(August 24, 2001)

UNION OF NEEDLETRADES, INDUSTRIAL AND TEXTILE EMPLOYEES (UNITE!), Petitioner,

v.

CITY OF TALLAHASSEE, Respondent.

PERC dismisses the post-election petition and verifies the election results and dismisses the Representation-Certification petition.  943 eligible voters cast 570 ballots against and 314 for the union.

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**CB-2001-013;Order 01E-211111(August 27, 2001)

ERNEST E. WHITEHURST, Charging Party,

v.

SCHOOL MAINTENANCE EMPLOYEES ASSOCIATION, INC., Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by not providing assistance to Whitehurst during termination.  The charge does not contain a clear and concise statement of what occurred.  However, it is clear that the charge is untimely.

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CA-2001-043;Order 01GC-212(August 27, 2001)

TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, LOCAL 291, AFL-CIO, LOCAL 291, Charging Party,

v.

MIAMI-DADE COUNTY, Respondent.

The General Counsel summarily dismisses the charge that the employer violated the Act by unilaterally altering the terms of a collective bargaining agreement by requiring the union to provide specific information regarding the activities of employees who perform union business during work hours.

AThe Commission has consistently recognized that due process requires that an unfair labor practice charge be factually detailed and specific.  Charges which contain

allegations that are vague, general, or conclusional will not be found sufficient. As

stated by the Commission in United Faculty of Florida v. Board of Regents, 8 FPER & 13187 at 338 (1982):

While a charge need not set forth every detail of the alleged illegal

conduct, it must be sufficiently detailed to indicate who are the

individuals involved, what happened, and when and where it

happened.  Setting forth such matters in a "clear and concise

statement" is required by Section 447.503(1).

See Fla. Admin. Code Rule 38D-21.001 (1) through (3).@

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UC-2001-023;UC-2001-024;Order 01E-213(August 27, 2001)

NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, LOCAL 1227, AFL-CIO, Petitioner,

v.

CITY OF BOYNTON BEACH, Respondent.

      PERC grants the union=s petition to clarify certification 1211.

AOn July 23, the hearing officer issued her recommended order concluding that the unit clarification procedure was properly invoked by Local 1227.  She recommended changing several classification titles, deleting non-existing classifications, excluding confidential and professional classifications, and clarifying the unit description to include several newly created classifications.  Neither party filed exceptions to the recommended order.@

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Part VII. MISCELLANEOUS