STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

Laborer's International Union ) Local #517 )

)

and ) CASE NO. 75-049

) PERC NO. 8H-RC-743-0018

City of Winter Park )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Examiner, K.N. Ayers, held a public hearing on the above matter March 13 & 14, 1975, in Orlando, Florida.

APPEARANCES

For Public Employer: Charles R. Fawsett

100 E. Robinson Street Orlando, Florida 32801

For Petitioner: Richard H. Frank and

Stanley Marable

500 Marine Bank Building Tampa, Florida 33602

By this petition, Laborer's International Union Local #517 seeks a Certificate of Representation as the exclusive bargaining agent for blue collar workers of the City of Winter Park. The primary purpose of this hearing was to establish the appropriate bargaining unit.

Exhibit 1, the Petition, Exhibit 2, Affidavit of Compliance for Required Showing of Interest, and Exhibit 5, Affidavit of Compliance for Registration of Employee Organization were admitted into evidence without objection. Exhibits 3 and 4 are stipulations joined by both parties that Petitioner is an employee organization and that the City of Winter Park is a public employer as defined in Chapter 447, Florida Statutes. The City of Winter Park Organizational Chart was admitted into evidence as Exhibit 6. The parties stipulated that all personnel in the blocks on line with City Prosecutor i.e., City Clerk, Planning Director and City Attorney, as well as in all blocks above that line are to be excluded from the unit. It was further stipulated that all personnel in the following Departments would be excluded: Building and Zoning, Finance, Administration, Police and Fire. This leaves only those employees in the Parks and Recreation Department and in the Public Works Department to be considered for inclusion in and exclusion from the appropriate bargaining unit.

It was further stipulated that the Director, Parks and Recreation Department, and Director, Public Works Department, would be excluded as would all clerical personnel in those departments. Under the Parks and Recreation Department are the following divisions: Recreation, Parks, Community Center, Cemetery, and Forestry. It was stipulated that the following be excluded: Superintendents and Assistant Superintendents of all those divisions, the three

supervisors in the Recreation Department, and the person in charge of the Civic Center.

With respect to the Public Works Department it was stipulated that the Director, Assistant Director, and all clerical personnel in the Department be excluded. After receipt of testimony regarding the duties of the various personnel in the Engineering Division, it was stipulated that all personnel in the Engineering Division be excluded. With regard to the various other Divisions in the Public Works Department, it was stipulated that all superintendents and assistant superintendents in the following divisions would be excluded: Building Maintenance, Motor Transport, Streets, Environmental, and Sanitation.

Under some of the divisions, but not listed on Exhibit 6, are sections headed by foremen. Other sections which are shown on Exhibit 6 are also headed by foremen. It was with respect to these categories only that the Petitioner and Public Employer did not stipulate to exclusion from the unit after testimony was received. With respect to the foremen it was stipulated that the three in the Sanitation Division and the one in the Streets Division, would be excluded.

Testimony was uncontradicted that foremen are furnished uniforms by the city consisting of white shirt and dark trousers; that persons under them are provided a blue shirt and dark trousers; that foremen have no authority to hire or fire, but do make effective recommendations regarding disciplinary matters, advancements, transfers and other personnel actions; that most work with the men whose activities they supervise; all are paid more money by reason of their position than are the men they supervise; most of them are paid on an hourly wage scale; some supervise several employees, while others work alone except when provided temporary help; some are skilled artificers while others principally plan and oversee the work of those under them; all are classed as supervisors by the city; and all have the same degree of authority.

In accordance with Section 447.009(3)(a), Florida Statutes, no recommendations are submitted.

DONE and ENTERED this 13th day of May, 1975.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida

(904) 488-0705

COPIES FURNISHED:

Charles R. Fawsett Richard H. Frank & Johnson, Motsinger, Trismen & Stanley Marable

Sharp, P.A. 500 Marine Bank Building

100 E. Robinson Street Tampa, Florida 33602 Orlando, Florida

Docket for Case No: 75-000049

Orders for Case No: 75-000049