STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA AFT, LOCAL 2418, )
)
Petitioner, )
)
vs. ) CASE NO. 75-135
) PERC CASE NO. 8H-RC-754-4055 BOARD OF TRUSTEES, POLK )
COMMUNITY COLLEGE, )
)
Respondent. )
)
RECOMMENDED ORDER
For Petitioner: Richard Hickson
Director of Collective Bargaining FEA United Staff
Tallahassee, Florida
For Respondent: Jesse S. Hogg, Esquire,
Hogg, Allen, Ryce & Norton
225 Alcazar
Coral Gables, Florida 33134 For FEA Unit of: Wilma Thompson, of AFT (AFL-CIO)
PRELIMINARY STATEMENT OF CASE
This hearing was commenced pursuant to notice on April 23, 1975, in Bartow, Florida and continued on June 9 and 10, 1975 and on September 3 and 4, 1975, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings on the Petition of Florida AFT, Local 2418 to the Public Employees Relations Commission for recognition and determination of an appropriate bargaining unit under Chapter 447, Florida Statutes.
PRELIMINARY MATTERS
The transcript of the testimony in the above referenced case was prepared by three (3) different court reporters, and the pagination within the transcript is not sequential. References to the transcript will be by volume first, denoted by Roman numeral, and page numbers within that volume will be denoted by Arabic numeral. Volume I is the transcript of April 23, 1975; Volume II, June 9, 1975, Volume III, June 10, 1975; Volume IV, September 3, 1975; and Volume V,
September 4, 1975.
Prior to taking of evidence the Petitioner orally moved to amend its Petition to reflect a change in name of the Petitioner to Polk Community College, Federation of Teachers, Local 2418, AFL-CIO, FEA-United. The Motion was noted and is preserved for ruling by the Commission. Prior to the taking of testimony the parties stipulated on the record to the exclusion of the following positions, titles or classifications (I-17):
Directors (excluding Director of the Division of Student Support and Special Programs [DSSSP])
Division Chairman Deans
Vice President President
All employees on the non-instructional pay plan All part-time teachers
Librarians and counselors 1/
The following categories or classifications were determined to be in dispute:
Department Heads
Coordinator of Student Activities Technical Processes Librarian Circulation and Serial Librarian Coordinator of Media Production DSSSP Project Director 2/
The parties stipulated that the District Board of Trustees, Polk Community College, hereafter referred to as PCC, was the Public Employer.
Prior to the conclusion of the hearing the Public Employer filed its written Motion to Determine Confidential and Managerial Status of Various Employees which is pursuant, for consideration by the Commission.
The Public Employer would not stipulate that the Petitioner was an employee organization as defined by Chapter 447, Florida Statutes.
The registration file and the recognition petition file of the PERC staff are transmitted by this Order to the Chairman and the Commission as a portion of the record and these files reflect the registered status of the original Petitioner.
SUMMARY OF TESTIMONY
Testimony was presented that the union had orally requested recognition and was denied recognition by the Employer and Exhibit 3 from the PERC file established that December 19, 1974 was the latest official request for recognition by the original Petitioner. This request was responded to by the Public Employer with Exhibit 4 from the PERC file. The original Petition had been duly registered and received notice thereof by PERC. See I-114 and 115.
General Organizational Structure of PCC
Polk Community College is organized into levels of authority:
Board of Trustees
| President
|
Vice President
| Deans
/ \
Directors Division Chairmen
| Department Heads
Directors are considered on a par with Division Chairman, however, some Directors report directly to the Vice President while other Directors report to Deans. Apparently this anomaly arises from a shift of the Vice President's duties as opposed to shifts in duties, powers, and responsibilities of Directors.
Librarians
Librarians generally were excluded from the bargaining unit pursuant to the stipulation of the parties, however, the Circulation and Serial Librarian and the Technical Processes Librarian were identified by the parties as contested positions. Both of these positions cone under and report to the Director of Learning Resources. Both positions require masters degrees in Library Science. There was no evidence to indicate that they were certified; however, both positions are paid from instructional pay plan rather than career pay plan. The incumbents of these positions do not meet regularly with any classes but do conduct instructional tours to students upon request by faculty members.
The duties of the Circulation and Serial Librarian are to supervise circulation of library materials, books, prints and to be responsible for the ordering and housing of periodicals and similar publications. The incumbent must prepare a budget based upon his operation's fiscal needs and submit that to the Director of Learning Resources. The incumbent has to interview and hire the two career employees whose work performance he must evaluate. There are apparently, in addition to these career employees and the Technical Processes Librarian, other personnel who are classed as librarians. See II-82, 83. These librarians have been excluded by stipulation from the bargaining unit.
The qualifications and responsibilities of the Technical Processes Librarian duplicate those above although the incumbent is specifically charged with the acquisition of library books, cataloguing, classification, and processing of books and non-print items. In carrying out these responsibilities the Technical Processes Librarian supervises five career employees. See II-236, 237.
Coordinator of Media Production (CMP)
A masters degree in Education Media, Industrial System Technology or similar degree is required to hold the position of CMP. The incumbent first came to PCC as an instructor in Media Technology.
The CMP works with faculty members in designing, developing and producing training aids for use in classrooms to include slides, tapes, video tapes, and other visual and audio aids. In addition, the CMP also prepares graphics used in public relations programs of PCC to include brochures, catalogue covers, etc. The CMP does not regularly teach courses but has taught special classes outside the official duties. The CMP is responsible to identify the physical needs of the unit reporting this information as budget input to the Director of Learning Resources. The budget for the unit is approximately
$20,000 per year, not including salaries. There are two career employees (media technicians) and several student assistants within the media unit who the CMP supervises, hires and evaluates together with the Director.
Student Affairs Coordinator (SAC)
The SAC is required to have masters degree.
The duties of the SAC are to assist and coordinate student activities to include student government at PCC. These duties include advising the student government and student activities functions and the administration of the college. The activities of the position include coordination of concerts, movies, registration of student groups, planning and conducting trips for student groups and processing of student announcements and information. The SAC supervises one career employee, a secretary, who the SAC recommends to be hired and who the SAC evaluates.
The SAC reports to the Director of Student Services and the SAC participates on various committees within the college. Regarding the student government budget, the SAC has no veto authority but it would require her approval together with the approval of her superiors up to the President of the College in order to be implemented. Student Government would have the right to appeal anyone's disapproval to the Trustees.
The present SAC was first hired as a counselor and served in that capacity for one year prior to assuming the position of SAC. It may be noted that counselors have been excluded from the unit pursuant to stipulation of the parties.
Although it cannot be said that the SAC is a confidential employee, it would appear that because of the close continuing relationship between the SAC and Student Government and various student groups that this position is extremely sensitive on a college campus.
Department Heads
The major portion of the testimony related to the duties, functions, and responsibilities of Department Heads. There was little if any truly conflicting testimony regarding the duties and responsibilities of Department Heads. The witnesses called by the Petitioner basically felt that their interests were more closely aligned with instructors because they taught themselves. The position of these witnesses was summarily expressed by Copp who expressed his view of his function as a Department Head from which position he resigned in 1972-73, as that of another teacher with more experience whose function was to assist other teachers within a community of scholars. These witnesses stated that they ran or had run their departments by consulting their faculties and arriving at a conclusion or solution based upon a consensus of opinion.
The witnesses for the Public Employer expressed the view that Department Heads were managers responsible for the efficient operation and function of their Department. This view point of the function of the Department Head adheres more closely to a business model as opposed to that of the Petitioner's witnesses' view of the community of scholars. The testimony revealed that the administrative personnel above the Department Heads did not direct the management style of the Department Head as long as it was effective. The testimony of one Division Chairman, Hershel Nelson (IV-65 et seq) indicates that he expected his Department Heads to exercise their discretion in the performance of their duties but that as a Division Chairman he expected his Department Heads to support him, to carry out his orders, to achieve results, and adhere to a degree of procedural formality in reporting their activities particularly when situations demanded this. The testimony of Copps, Brown, Lemfesty, Costello and others indicates a shift in management philosophy which in summary is a delegation of authority in order to decentralize and President; however, it is the Department Heads' recommendations which initiates the process. The testimony indicates that this is an effective recommendation and is generally followed.
Department Heads may hire substitute and part-time instructional personnel without recourse to the personnel office and adherence to any specific procedure.
Department Heads are responsible for preparation of Department schedules to include course assignments, instructor assignments, room assignments, and time of instruction. These assignments are coordinated at Division level by the Chairman and other Divisional Department Heads to eliminate or resolve potential classroom or scheduling conflicts; however, the Department Head has effective control of this function. Similarly, Department Heads must review student enrollment in classes, consolidate sections, add sections or eliminate sections to obtain maximum use of his facilities and personnel. Although changes are submitted in the form of recommendations, they are generally followed. The elimination of academic programs has in fact resulted from evaluations and recommendations by Department Heads. In a like area, although a curriculum committee evaluates changes to college course offerings, suggestions by instructional staff must have the recommendation of the Department Head, and without favorable recommendation are generally not approved.
Department Heads presently evaluate instructional personnel with the Division Chairman. This process involves a meeting between the two raters who jointly judge the performance of an instructor. This rating is reviewed by the Dean, and forms the basis for performance pay increases for instructors.
Department Heads provide budgetary input for their department based upon their estimate of a department's fiscal needs for the upcoming year. Department Heads consider past fiscal requirements and project any deletions or additions to their department's programs in determining the projected needs. This input would include monies for both capital equipment and expendable supplies. These reports are consolidated by the division and become input to the college budget. Apparently the data prepared by the Department Head is seldom modified by those above him without some type of consultation to determine where a cut should occur if one is necessary. Once the funds are approved or "appropriated" by the Trustees, the Department Head disburses his monies on his signature and authority. Department Heads are also responsible for property issued to their departments.
Department Heads have authority to establish procedures for their departments. This may range from rotation of instructors for 8:00 a.m. classes to approval of taking students to plays during class time. Department Heads meet with their Division Chairman and often though irregularly with higher administrators to discuss college problems of mutual interest.
Department Heads must approve all requests for instructor leaves which results in having to classify leaves into paid and non-paid leaves. Department Heads have to favorably recommend sabbatical leave requests generally in order for them to be approved by the college President. The Department Heads' favorable recommendation would appear to be required for approval which entitles the instructor to 75 percent pay during the period of sabbatical leave.
Department Heads must approve all instructors' requests for attendance at workshops and conferences. Department Heads must also report on faculty attendance at classes, and report unauthorized absences which would result in loss of pay and disciplinary action.
Department Heads, it should be noted, are evaluated by their Division Chairman on the basis of how they handle their administrative duties as well as being rated separately as instructors. A Department Head within a Division is generally designated to the acting Division Chairman if the Chairman is absent from the college.
Other Factors
Several exhibits were introduced which were statements of policy which had been promulgated after the request for recognition and in one instance after the commencement of the hearing. The Petitioner attacked these as being examples of changes in Department Heads functions which were made to enhance their "management" or "supervisory" status to eliminate them from the proposed unit. In the instance Exhibit 10, Job Description for Department Heads, the testimony of both Petitioner's and Employer's witnesses indicated that this was being prepared and studied by the staff for several months prior to the request for recognition. In addition, the testimony indicated that input of Department Heads was sought regarding this description and that it accurately reflected as finally promulgated the duties of the Department Heads. In the instance of Exhibit 191, Designation of Signature Authority, this appears to be in some degree a consolidated statement of preexisting authorities. In some instances it represented a change, however, the authority of Department Heads both increased, as in the instance of authorizing expenditures, and decreased, as in the instance of key requests. From analysis of these exhibits and from the testimony relative to a general shift in administration it would appear that these changes were not made in an effort to eliminate Department Heads from the proposed unit, but were changes being considered and processed before the request for recognition and were consistent with the general trend in administration at the college.
This Report done and respectfully submitted this 29th day of October, 1974.
STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
ENDNOTES
1/ Note exceptions to exclusion of librarians by statement that Technical Processes Librarian and Circulation and Serial Librarian are dispute positions.
2/ Note that the DSSSP Project Director position no longer exist pursuant to stipulation, V-284, and is therefore not considered herein.
COPIES FURNISHED:
Curtis Mack, Chairman Public Employees Relations
Commission
2005 Apalachee Parkway
Tallahassee, Florida, 32301
Jesse S. Hogg, Esquire Hogg, Allen, Ryce & Norton
225 Alcazar Avenue
Coral Gables, Florida 33134
Ms. Wilma Thompson
131 Park Lane Southeast Winter Haven, Florida 33850
Mr. Herbert S. Graves, President
AFT, Local number 2418, FEA/United, AFL-CIO
131 Park Lane, S.E.
Winter Haven, Florida 33550
NO. EXHIBIT
POLK COMMUNITY COLLEGE, LOCAL #2418 EXHIBIT LIST
Letter, December 3, 1974. Bernthal to Nash, PERC File.
Cards, PERC File.
Letter, December 19, 1974. Graves to Nash, PERC File.
Letter, January 21, 1975. Lenfesty to Graves, PERC File.
Department head job description, PERC File.
Department head, PERC File.
Supplementary Contract 1973-74, William T. Ryan.
Supplementary Contract 1974-75, William T. Ryan.
Polk Community College Handbook, 1972-73.
Memo dated January 16, 1975, Sgd. Holden; Subject: Job descriptions for department heads.
Orange Green, dated April 3, 1975.
List of positions, names 1-33. 13 Minutes, District Board of Trustees, dated September 24, 1973.
Chart drawn by Dr. Lenfesty.
Contract 1974-75, Lanena Frost.
Minutes, Student Government Association, dated March 5, 1975, Senate.
Contract 1974-75, Richard Larry Winder.
Media Production and Development Specialist.
Evaluation, Kathy Walton, September 3-October 25, 1974.
Contract, 1974-75, Ulysses J. Johnson, Jr.
Job Description, Project Director, Student Superintendent, and Special Programs Superintendent.
Evaluation, Annette Southward, 12-2-74 to 4-22-74.
Polk Community College Faculty, March 10, 1975.
Memo dated May 9, 1974, Dowdy to Miller.
Evaluation, Janet Slaughter, October 2, 1973 to April 1, 1974.
Minutes, Division Chairman's Meeting, March 8, 1975.
Minutes, Division Chairman's Meeting, December 11, 1974.
Minutes, Division Chairman's Meeting, October 16, 1974.
Orange & Green, dated November 16, 1972.
Orange & Green, dated October 19, 1972.
Orange & Green, dated May 9, 1974.
Order number, Description, Price; 3 pages.
Memo, dated March 28, 1974, Brown to SPD Chairman.
Memo, dated December 18, 1974; Subject: Assisting with Term II Registration of students.
Memos, Composite, 6 pages.
Pay Plan for Administrative Personnel.
Recruiting/Employment Processes.
Memo, Subject: Part-time Teaching, dated January 3, 1974.
Personnel Memo.
Personnel Memo.
Memos on Personnel.
Memos on Personnel.
Memos on Personnel.
Memos on Personnel.
Memos on Personnel.
Memos on Personnel.
Memo received for hiring.
Memo received for hiring.
Substitute for two cases, Memo, October 22, 1973.
Memo for record, 1-4-74.
1966 Memo on hiring.
Memo showing assignment of teachers, January 8, 1975.
Memo showing assignment of teachers, August 23, 1974.
Recommendation of termination of contract, April 5, 1971.
Recommendation of termination of contract, March 17, 1975.
Memo, Powell to Small, dated October 13, 1972.
Letter, dated June 13, 1974, letter of Department Head. re: Control.
Memo dated March 6, 1975, Hudson to 3 professors.
Memo, dated January 10, 1974, Nelson to Ryan.
Procedure to determine class size.
Criteria for determining extra term teaching.
Memo, dated November 5, 1974, Hudson to Stephenson.
Memo, dated January 2, 1975, Assignment.
Memo, dated April 9, 1974, Swinford to Holden.
Memo dated September 20, 1973, Swinford to Holden.
Memo, dated October 29, 1973, Holden from Swinford.
Memo, dated January 9, 1974, Swinford to Holden.
Memo, dated October 3, 1974, Swinford to Holden.
Memo, dated December 13, 1974, Swinford to Division
Chairman.
Memo, dated May 2, 1974, Holden to Dean re: Swinford's assignments.
Memo, dated November 13, 1973, re: assignment.
Memo, dated June 6, 1974.
Memo, dated April 25, 1974.
Memo, dated January 25, 1974.
Memo, dated June 25, 1974.
Time Sheets.
Memo, dated November 25, 1974, Re: Preparation of Time Sheets.
Memo, dated November 25, 1974, Re: Preparation of Time Sheets.
Instructional Evaluation System.
Memo, dated November 9, 1973, Evaluation of Personnel.
Personnel Evaluation Memo.
Personnel Evaluation Memo.
Personnel Evaluation Memo.
Personnel Evaluation Memo.
Memo relating to various evaluation procedures.
Memo relating to various evaluation procedures.
Memo relating to various evaluation procedures.
Memo relating to various evaluation procedures.
Memo relating to various evaluation procedures; Stricken.
Memo relating to various evaluation procedures.
Forms/memo relating to various evaluation procedures.
Forms/memos relating to curriculum change or deletion of academic programs.
Forms/memos relating to curriculum change or deletion of academic programs.
Forms/memos relating to curriculum change or deletion of academic programs.
Forms/memos relating to curriculum change or deletion of academic programs.
Letter June 9, 1974.
Letter September 6, 1974.
Letter November 24, 1974.
Memo, dated September 26, 1974, Recruitment.
Four memos relative to needs assessment.
Memo, Swinford, dated December 3, 1974.
Non-instructional personnel performance evaluation system.
Form for non-instructional evaluation for Karen Creer.
Memo dated March 13, 1974, delegation of authority.
Polk Community College 1974-75 budget.
Memo, dated January 10, 1975, Budget Request for Media.
Memo dated May 2, 1974.
Memo dated May 7, 1974.
Memo dated March 12, 1974, Budget memo.
Minutes, February 12, 1975.
Minutes, March 12, 1975.
Budget Amendments.
Memo dated April 2, 1974, Deadline for Budget.
Memo dated January 22, 1975, Budget Cutbacks.
Memo dated January 17, 1975, Budget Request, etc.
Memo dated April 21, 1975, Leave.
Memo on in-house training program.
Memo on in-house training program.
Memo on in-house training program.
Memo on in-house training program.
Memo, dated April 21, 1975, Certification of Department Head Meeting.
Memo, dated March 17, 1975, Response to Request.
The President's Council.
Constitution of Faculty Affairs.
Withdrawn
Passed, never reintroduced.
Section II: Faculty Handbook 1965-1966.
Memo relating to approval of job description of Department head.
Memo relating to approval of job description of Department head.
Memo relating to approval of job description of Department head.
Memo relating to approval of job description of Department head.
Memo relating to approval of job description of Department head.
Job description - Department head.
Letter of resignation of Department Head Powell.
Letter of resignation of Department Head Evans.
Letter of resignation of Department Head Estey.
Minutes of Trustees showing Department heads.
List of 1974-75 Department head appointments.
Board Policy 6.18 (Rule 3.22).
Academic Accounting System.
Memo dated March 11, 1975; staffing for 1975-76.
Administrator's Evaluation System.
Final Course Examination.
Memo waiving exams, dated December 13, 1974.
Memo waiving exams, dated December 16, 1974.
Employee Complaint Procedure.
Minutes of Faculty Affairs Committee, September 30, 1965.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Extracts from Rosters/Catalogues.
Rules and Regulations of Division of Junior Colleges; definitions.
Program Proposal and Grant Request
Packing List/Receipt.
Memo from Swinford on classes attending plays.
Memo from Swinford on classes attending plays.
Property transfer from February 5, 1973.
Substitute for teaching faculty.
Request for maintenance or custodial services.
Letter dated June 17, 1974, requesting leave.
Withdrawn. (Continuing contract of employment)
Contract for employment, instructional personnel; Correa
Contract for employment, administrative.
Continuing contract for faculty.
Memo issued to all administrators.
Chart of administrative/instructional positions.
Job description, Neva Frost, Coordinator Student Activities.
Budget Summary for Student Government.
Withdrawn.
Job description, Technical Services Librarian.
Job description, Reference Librarian.
Part of request for Department Budgets.
Property record receipt card.
Maintenance request.
Classified staff time sheets.
Request for keys.
Requisitions by department heads.
Preliminary printout, course schedules.
Class scheduling worksheet.
Memo to Department head on room assignments. 188
Memo from Department head to Department faculty.
Memo dated November 14, 1974, Brown to Jones. 191
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Contract for employment, Dr. Lenfesty.
Student grading and evaluation procedure.
Petitioner's constitution.
AFT booklet.
| Issue Date | Proceedings |
|---|---|
| Oct. 29, 1975 | Recommended Order (hearing held April 23, 1975, June 9-10, 1975, and September 3-4, 1975). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Oct. 29, 1975 | Recommended Order | Hearing to record the different job descriptions of various bargaining units for Public Employee Relations Commission (PERC) review. No Recommended Order. |
MIAMI-DADE FHEA vs. MIAMI-DADE COMMUNITY COLLEGE, DISTRICT BOARD OF TRUSTEES, 75-000135 (1975)
ORANGE COUNTY SCHOOL BOARD vs. JOHN PALOWITCH AND ORANGE COUNTY CLASSROOM TEACHERS, 75-000135 (1975)
SEMINOLE COUNTY SCHOOL BOARD vs DOUGLAS PORTER, 75-000135 (1975)
JACKSON COUNTY EDUCATION ASSOCIATION vs. SCHOOL BOARD OF JACKSON COUNTY, 75-000135 (1975)
MONROE COUNTY SCHOOL BOARD vs THOMAS AMADOR, 75-000135 (1975)
