VOL. XXVI  . . . . . . . . . . . . July 31, 2002 . . . . . . . . . . . . . . NO. 21

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

 

JAMES E. MEHR, JR. and ANTHONY PEARN, Charging Parties,

CB-2002-015; 016; Order O2GC-196 (July 11, 2002)

v.

FRATERNAL ORDER OF POLICE, LODGE 10, Respondent.

The General Counsel summarily dismisses the charge that the union violated the Act by breaching its duty of fair representation in the manner in which it represented the charging parties= in their suspension with pay and then their resignation.  Clearly the union has a duty to fairly represent bargaining unit employees.

AThis duty arises as a result of the organization have an exclusive right to serve as a collective bargaining representative for purposes of determining wages, hours, in terms and conditions of employment for all unit employees.  See Heath v. School Board of Orange County, 5 FPER & 10074 (1979).  Thus, the duty exists only to those matters over which the bargaining representative has exclusive control, such as negotiating a collective bargaining agreement or enforcing the agreement through the grievance procedure...  The essential question raised by these charges is whether the FOP=s recommendation that Mehr and Pearn accept the resignation offer violated the duty of fairness owed them by the FOP...  We reject the rank speculation that the union representatives became >an agent and tool of the employer=.@

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CA-2002-008; Order 02U-187 (July 25, 2002)

CITY OF LAKE WORTH PUBLIC EMPLOYEES UNION and THE CITY OF LAKE WORTH PROFESSIONAL MANAGERS AND SUPERVISORS ASSOCIATION, Charging Parties,

v.

CITY OF LAKE WORTH, Respondent.

PERC finds that the City did not violate the Act by failing to grant the union=s request for impact bargaining over the issue of safety.  When the City placed restrictions on parking spaces previously used by employees working in the City Hall annex it was not required to negotiate this matter with the union over >its concerns of health and safety having to do with employees being required to walk a greater distance from parking=.  The facts demonstrate that the City reinstalled parking signs which had been removed during construction upon discovering that the signs had not been replaced.  So, rather than the implementation of a new management decision it merely constituted the enforcement of existing, previously accepted, rules.

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EL-2002-015 (Relates to RC-2002-005) (July 26, 2002)

FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner,

v.

CITY OF PUNTA GORDA, Respondent.

Election results and order certifying unit 1367 for sworn law enforcement personnel in the classification of police sergeant.  Five eligible voters cast five ballots for the union.

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EL-2002-016 (Relates to RC-2002-008) (July 26, 2002)

TEAMSTERS LOCAL UNION NO. 385, Petitioner,

v.

CITY OF PALM COAST, Respondent.

Election results and order certifying unit 1368 for blue-collar employees.  23 eligible voters cast 19 ballots for and 2 against the union.

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EL-2002-019 (Relates to RC-2002-003) (July 26, 2002)

PONCE INLET PROFESSIONAL FIREFIGHTERS, LOCAL 4140, Petitioner,

v.

TOWN OF PONCE INLET, Respondent.

Election results and order certifying unit 1369 for firefighters and paramedics.  The seven eligible voters cast 7 ballots for the union.

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

[From Attorney General=s Appellate Alert]

1^st District Court of Appeal

AService First impact on government attorneys union ...  The 1^st DCA ordered hearings into what impact, if any, the state's "Service First" legislation will have on plans to establish a separate bargaining unit for attorneys who work for state government.

A hearing officer previously concluded that a separate bargaining unit within the Selected Exempt Service for attorneys would be appropriate.  The Legislature then enacted Service First, and the Public Employees Relations Commission concluded that the previously defined separate bargaining unit for attorneys was no longer appropriate because it would result in "excessive fragmentation."  A union seeking to represent state-employed attorneys appealed, but the DCA said issues remain to be resolved below.

Because the hearing officer never considered certain factual issues about the impact of Service First, the DCA sent the case back to PERC with instructions that it be remanded to the hearing officer "for a further hearing at which the parties may present evidence regarding the effect, if any, of the Service First legislation on the continued viability of the proposed bargaining unit."  [State Employees Attorneys Guild v. Bush, 7/23/02]@

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PART IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opinions

Attorney General's Opinions

AGovernment in Sunshine - minutes of meeting ...  In response to a request from the Treasure Island city attorney, the Attorney General issued an advisory opinion stating in sum:  "The City of Treasure Island may not adopt a rule of procedure which authorizes approval of minutes of prior public meetings which does not require that these minutes be read or signed at a subsequent meeting if no changes to the minutes are made.  Rather, the Sunshine Law requires that a vote to accept or revise and adopt the minutes of city commission meetings be taken at a public meeting." [AGO-2002-51, 7/22/02]@

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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.

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