STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VOLUSIA COUNTY EMPLOYEES )

ASSOCIATION, )

)

Petitioner, ) CASE NO. 75-1161

) PERC NO. 8H-RC-752-0148 COMMUNICATION WORKERS OF AMERICA,)

)

Intervenor, )

) LABORER'S INTERNATIONAL UNION ) OF AMERICA, LOCAL NO. 517, )

)

Petitioner, ) CASE NO. 75-243

) PERC NO. 8H-RC-752-0086 DAYTONA BEACH REGIONAL AIRPORT )

FIREFIGHTERS, NO. 2381, )

)

Petitioner, ) CASE NO. 75-1154

and ) PERC NO. 8H-RC-756-1162

)

VOLUSIA COUNTY, )

)

Public Employer. )

)

RECOMMENDED ORDER

Pursuant to notice, a representation hearing was held in the above styled cause on October 8, 1975, in DeLand, Florida. The cases were consolidated into one hearing and one report will be submitted.

APPEARANCES

For Petitioner, Volusia County Employees Association:

Robert P. Burns

938 North Grandview Avenue Daytona Beach, Florida 32018

For Intervenor Communication Workers of America: John J. Earley

2147 1st Avenue North

St. Petersburg, Florida 33713

For Petitioner, Laborer's International Union of North America, Local No. 517:

Ronald G. Meyer, Esquire

500 Flagship Bank Building Tampa, Florida

For Petitioner Daytona Beach Regional Airport Fire Fighters Local No. 2381:

Joe Broxton

1805 Southeast 50th Street Gainesville, Florida

For Petitioner, Volusia County Police Benevolent Association:

Donald D. Schlesnick II, Esquire 2450 Northwest 29th Avenue Miami, Florida 33142

For Public Employer, Volusia County:

David V. Kornreich, Esquire

100 Biscayne Boulevard, Suite 600 North, Miami, Florida 33132

SUMMARY OF PROCEEDINGS

1. At the beginning of the hearing, the hearing officer marked the official papers for identification. These included the Petition of the Laborer's International Union of North America, Local No. 517, an Affidavit of Compliance with the Required Showing of Interest of Local 517; an Affidavit of Compliance of Required Showing of Interest of the Communication Worker's of America; the petition of Daytona Beach Regional Airport Fire Fighters, Local No. 2381; the Affidavit of Compliance for Required Showing of Interest of Fire Fighters, Local No. 2381 (PBA); the Affidavit of Compliance of Registration of Fire Fighters, Local No. 2381; the Petition of Volusia County Employees Association; the Affidavit of Compliance for Required Showing of Interest of Volusia County Employees Association; the Affidavit of Compliance for Registration of the Communication Workers of America; the Affidavit of Compliance for the Required Showing of Interest of the Communication Workers of America in PERC Case 8H-RC-752-0148. Since Exhibit 3 was in the file with Local No. 517, and the case number given for that is the case number for Local No. 517, it would appear that the heading of that case naming the CWA as one of the parties with Volusia County is in error and the Affidavit of Compliance in that exhibit was intended to be the Affidavit of Compliance for Local No. 517. These exhibits were admitted into evidence without objection. Thereafter the Volusia County Police Benevolent Association submitted a telegraphic petition that had been submitted to PERC and they had available in the hearing room signature cards to show the percentage of signatures needed to petition. The county objected to the petition on the grounds it was not properly filed and no case number had been assigned. This objection was overruled and the PBA was allowed to participate as a full party. The petition of the Communication Workers of America was also admitted into evidence although no case number had been assigned to that petition.

   
   

2. Thereafter, the parties stipulated that the petitioners and intervenor were labor organizations as defined in Chapter 447, Florida Statutes, with the exception that the county would not so stipulate with respect to the Police Benevolent Association. The parties all stipulated that the county was the public employer as defined in Chapter 447, Florida Statutes.

3. Thereafter the position of each party was ascertained. The county's position respecting the composition of an appropriate bargaining unit was offered into evidence as Exhibit 14, and was subsequently amended in ink during the course of the proceedings. The county organization chart was marked Exhibit 15; the county classification compensation plan was marked Exhibit 16; the county's position control chart was marked Exhibit 17; a copy of the merit system rules and regulation was marked Exhibit 18; the standard personnel action form was marked Exhibit 19, and the standard personnel requisition form was marked Exhibit 20. These exhibits were admitted into evidence without objection. Following an off-the-record discussion between the hearing officer and the parties, the hearing was recessed to allow the parties to attempt to reach some consensus and stipulations with respect to the appropriate units.

   
   

4. When the hearing reconvened a comprehensive stipulation was placed in the record. With respect to the Fire Fighters, the county agreed to a Consent Election of a Unit comprised of Airport Safety Crewmen, and Airport Safety Foremen who function exclusively as supervisors of crash crew operations. To be excluded therefrom was the Airport Safety Chief, those Airport Safety Foremen who regularly function in and about the terminal, and all other airport employees. The Fire Fighters agreed to this stipulation.

   
   

5. With respect to the Police Benevolent Association, the county agreed to a consent election for the purpose of modifying the existing PBA unit with whom they have a contract to include correctional officers I, II, and III. This was conditioned upon an agreement from the union that any negotiations with respect to these correction officers would be deferred until the present agreement between the PBA and the county comes up for negotiation in the spring of 1976. The PBA agreed to this stipulation.

   
   

6. The above two units would be separate units, and the parties thereafter agreed that the remaining employees of Volusia County would all be grouped into one unit and the unit was stipulated to include: all full time classified service employees covered by all of the provisions of the County of Volusia merit system. To be excluded therefrom are:

   
   

   Unclassified service employees; public safety department sworn law enforcement employees covered by the current Volusia County Police Benevolent Association Collective Bargaining Agreement; public safety department sworn law enforcement employees in the ranks of lieutenants and captains; department heads; assistant department heads; division heads; assistant division heads; administrative aids; clerk IV; accounting clerk IV; confidential secretaries to department heads, assistant department heads, division heads, and assistant division heads; all employees in

   the office of the county manager and county council; secretaries in the legal department; all employees in the personnel division; publication supervisor; all professional employees, including accountants, programer analysts, systems analysts, traffic engineers, laboratory supervisors, estimators, registered surveyors, civil engineers, county engineers, librarians, case work supervisors, social

   workers, corrections counsellors, case management coordinators, zoning technicians, landscape architects, program coordinators/ research assistant, economists, water management specialists, planners, property evaluators, urban horticulturists, extension agents, home economists, helicopter pilots, publicity writer, and photographer; community action employees; assistant to the public works director; public works division supervisor; public works division foremen III and IV; motor vehicle station managers; refuse disposal supervisor; fire captains and lieutenants; life guard captains; criminal court records supervisor; civil court records supervisor; volunteer fire training officers; fire marshall; building trades inspectors; employees paid in whole or part by the University of Florida; mosquito control area supervisor; supervisor of airborne operations and inspections; temporary employees; part time employees; limited term employees;

   casual employees; provisional employees; seasonal employees; and managerial employees.

   
   

7. Local No. 517, the Communication Workers of America, and the Volusia County Employees Association all stipulated that the above described unit would constitute an appropriate bargaining unit for the public employees of Volusia County not otherwise covered by agreements with the firemen and policemen units. All parties further stipulated that a consent election in the above described unit would be conducted during the week beginning January 12, 1976. All parties indicated no apparent reason why an agreement with the terms of the election could not be reached by them without further assistance; and Local No. 517, CWA, Volusia County Employees Association and Volusia County further stipulated that in the event they failed to agree prior to October 24th on the terms of the election, the matter would be referred to the Chairman of the Public Employees Relation Commission to assist them in establishing election details. They proposed that the supervisor of election for Volusia County be used to supervise the elections. After all parties had joined in all stipulations, the hearing was adjourned.

ENTERED this 13th day of October, 1975, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-000243

Orders for Case No: 75-000243