VOL. XXV  . . . . . . . . . . . . . October 31, 2001 . . . . . . . . . . . . . . . . NO. 38

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

 

CA-2001-055;CB-2001-025;Order 01GC-277(October 23, 2001)

JOHN M. HARVEY. Charging Party,

v.

MIAMI DADE COUNTY, Respondent.

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JOHN M. HARVEY, Charging Party,

v.

TRANSPORT WORKERS UNION, AFL-CIO, Respondent.

The General Counsel summarily dismisses the charge that the employer and union violated the Act by the manner in which the union conducted an internal election and processed a grievance regarding that election.

AA certified union organization has the duty to fairly represent all bargaining unit members in negotiations and in collective bargaining agreement grievances, subject to the caveat contained in Section 447.401, Florida Statutes, that a certified representative does not have to process collective bargaining grievances for non-members when it states this is the reason for refusing to process the grievance and the employee can otherwise process the grievance on his or her own.  See Kallon v. United Faculty of Florida, 15 FPER & 22047, recon. denied 15 FPER & 20079 (1989), affd, 555 So.2d 859 (Fla. 1^st DCA 1989).

The Commission has held that there is no violation of Section 447.501(1)(e), Florida Statutes, unless a public employer's managerial officials actively participate in the affairs of a union.  See Dinkins v. City of Jacksonville and Jacksonville Association of Firefighters, lAFF, Local 122, 18 FPER & 23223 at 398 (1992); IBPO v. Broward County Sheriffs Department, 9 FPER & 14044 at 62 (1982).  Here, there is no indication that any County or Agency official named by Harvey is a managerial official or that they did anything other than allow an internal TWU election to be held on Agency property and during work time, during which certain incumbent TWU officials and officers campaigned for election.@

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EL-2001-042 (Relates to RD-2001-004(October 29, 2001)

JOSEPH F. GOING, Petitioner

v.

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

v.

POLK COUNTY BOARD OF COUNTY COMMISSIONERS, Intervenor.

Election results and order retaining certification 1269 for the Respondent.  462 eligible voters cast 267 ballots for the Respondent and 169 for the Petitioner.

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EL-2001-041 (Relates to RC-2001-034)(October 29, 2001)

PINELLAS PARK ASSOCIATION, LOCAL 2193 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Petitioner,

v.

CITY OF PINELLAS PARK, Respondent.

Opt-in election results and order modifying unit to include fire inspector/investigators.  4 eligible voters cast 4 ballots for the Petition.

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MC-2001-001;Order 01E-278(October 29, 2001)

IN RE: MANAGERIAL/CONFIDENTIAL STATUS OF THE CITY OF DeFUNIAK SPRINGS.

Patti King-Skinner, the secretary to the City=s Chief of Police is excluded as a confidential employee.

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

[From Attorney General=s Appellate Alert]

APublic records long -- antiterrorism exemptions...  in response to request from State Sen. Rod Smith, the Attorney General issued an advisory opinion stating in sum:  1) section 281 301, Florida statutes, provides a broad exemption from disclosure materials such as security plans or security needs assessments that are on file with a public agency; 2) A subpoena issued by a criminal justice agency to non-criminal justice agency pursuant to an active criminal investigation or active criminal intelligence operation is exempt since the agency receiving the request qualifies as a criminal justice agency when it is assisting the law enforcement agency in conducting an active criminal investigation; 3) A receiving law enforcement agency, such as the Florida Department of Law Enforcement, would not be required to respond to public records request that would divulge the existence of an ongoing active criminal investigation or active criminal intelligence operation, provided that the agency transmitting the records maintains a copy of the records sent to the law enforcement agency.   [AGO-2001-75 10/24/01]@

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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