THE FLORIDA EDUCATIONAL
NEGOTIATORS

On July 10,2003, the Manatee County School Board and Municipal Employees Local 1584, American Federation of State, Count, and Municipal Employees, AFL-CIO (Local 1584) filed a representation-certification petition seeking to represent through an opt-in election employees in the classification of cafeteria manager I, II, III, and IV in a bargaining unit of non-instructional personnel employees it currently represents. After a September 10 hearing, on November 5 an order was issued recommending that the petition be dismissed. It was concluded that Local 1584's registration was deficient because it failed to file copies of its affiliates' amended constitutions and failed to disclose its dues structure. However, the hearing officer concluded that the registration deficiency was not dispositive of the petition given the Commission's policy of allowing a petitioner to amend its registration in advance of an election. The hearing officer dismissed the petition because the cafeteria managers had a supervisory conflict of interest with their subordinates.

After review, the Commission concluded that the findings of fact were supported by the evidence and agreed with the analysis of the dispositive legal issues and the conclusions of law.

The hearing officer's recommended order was adopted as the Commission's final order and Local 1584's petition was dismissed.

On November 21, 2003, the Martin County Education Association (MCEA) filed an unfair labor practice charge alleging that the Martin County School Board (School Board) violated Section 447.501 (1) (a) and (c), Florida Statutes, (2003), by unilaterally implementing the Instructional Performance Pay Plan (Pay Plan) without holding a legislative impasse hearing pursuant to Section 447.403 (4) (d), Florida Statutes. The Pay Plan was developed jointly by MCEA and the School Board to comply with Section 1012.22 (1) (c) 4, Florida Statutes. Upon review of the charge and supporting documents pursuant to Section 447.503 (2), Florida Statutes, and Florida Administrative Code Rule 60CC-5.002, it was concluded that the charge was insufficient to state a prima facie unfair labor practice.

The parties developed the Pay Plan in the spring of 2002. MCEA held a ratification vote on October 30, 2002, which was to include the Pay Plan as one of the issues presented. However, the Pay Plan was inadvertently omitted. MCEA discovered the omission in May 2003 and held a vote on the Pay Plan on May 19 and 20. The Pay Plan was not approved. MCEA took the position that the Pay Plan was as fair as any plan could be and that there would be no benefit in returning to the bargaining table. MCEA declared impasse on the issue and stated that MCEA wished to waive the special master hearing and proceed to a legislative hearing before the School Board. Also, MCEA stated it would not oppose the School Board's imposition of the Pay Plan. On June 4, MCEA notified the PERC of its declaration of impasse and its waiver of the special master hearing.

The Pay Plan was negotiated but not ratified by the bargaining unit members. The parties did not engage in negotiations after the rejection. Notwithstanding that there was no dispute between the parties regarding the content of the Pay Plan, MCEA invoked the impasse procedure. The attempted use of the impasse procedure was deemed improper. It did not appear that both parties had waived the special master proceedings; and therefore, the impasse could not be taken directly to the School Board as requested. The School Board did not engage in an unfair labor practice by failing to conduct a hearing to impose the Pay Plan.

The charge was summarily dismissed.

On January 20, 2004, Sandra Ann Barnes filed a letter with supporting documentation. Barnes asserted that she was filing a complaint against the Broward County School Board (School Board) for allegedly engaging in employment discrimination with emotional distress, violating her civil rights for using Family and Medical Leave Act (FMLA)/personal leave, discriminating against her because of her age (over 40), as well as retaliating against her and treating her in a disparate manner for filing a grievance against the School Board.

According to Barnes, the instructional staffing office violated the contract by intentionally delaying her return to work until February 13, 2002, so she would not receive an $8,000 salary step increase for the 2001-2002 school year. Also, Barnes alleged that the contract was violated when she was not covered by the health insurance plan for the three months after she returned to work, and that her accrued sick leave had been incorrectly calculated by two days.

After review, the General Counsel concluded that a prima facie violation had not been established. Also, General Counsel stated that an unfair labor practice charge, containing specific factual and legal allegations, should be filed upon a form provided by the PERC, signed before a notary by an individual with personal knowledge of the events alleged, and then served on the other party. Barnes' letter was not on a PERC form, was not notarized, and did not indicate that it had been served upon the School Board. Thus, the charge was dismissed.

Barnes' charge that her civil rights for using FMLA/personal leave and employment discrimination with emotional distress were dismissed because those allegations do not fall within the definition of unfair labor practices under Section 447.501, Florida Statutes. The same was true for her allegation of age discrimination. PERC does have jurisdiction in age discrimination cases except for state career service system employees.

The allegation relating to the salary step issue was deemed to be untimely filed.

The issue of retaliation was summarily dismissed due to a lack of proper documentation.

On February 10, 2004, the Florida Public Employees Council 79, American Federation of State, County, and Municipal Employees, AFL-CIO (AFSCME) filed a representation-certification petition seeking to represent a unit of Manatee County School Board (School Board) employees in the classification of cafeteria manager.

The PERC considers the fragmentation of bargaining units when determining unit appropriateness. Petitions are routinely dismissed which are confined to one classification, a small group of employees or a single department. Deviation from this policy has occurred only upon a showing of exceptional circumstances, a unique community of interest, or a conflict of interest justifying the fragmentation.

The petition was dismissed without prejudice.

On January 6, 2004, Ronald B. Baker filed an unfair labor practice charge alleging that the Dade County Public Schools (School Board) violated Section 447.501 (1) (a), Florida Statutes (2003). General Counsel concluded that the charge failed to state a prima facie violation of the applicable unfair labor practice provisions

Baker was promoted to trades helper on April 25, 2003. He then received an evaluation, which rated his performance as unsatisfactory. He received a memorandum dated August 6, 2003, which informed him that because of his unacceptable performance he was being demoted back to the position from which he was promoted. Baker asserted that there were many inaccurate statements in the evaluation and the August 6 memorandum. He tried to grieve and was turned down at every level.

Baker's charge was determined to be insufficient because he failed to submit competent evidence demonstrating that the School Board had retaliating against him for engaging in a protected, concerted activity, and that the activity was the reason for the demotion.

The charge was summarily dismissed.

On February 3, 2004, Baker filed an amended charge, which was summarily dismissed also.