STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FREIGHT DRIVERS, WAREHOUSEMEN ) AND HELPERS UNION #390 )
(Custodial) )
)
Petitioner, )
)
and ) CASE NO. 75-1121
) PERC NO. 8H-RC-754-2167 BROWARD COUNTY SCHOOL BOARD )
)
Public Employer. )
) FREIGHT DRIVERS, WAREHOUSEMEN ) AND HELPERS UNION #390 )
(Bus Drivers) )
)
Petitioner, )
)
and ) CASE NO. 75-1122
) PERC NO. 8H-RC-754-2166 BROWARD COUNTY SCHOOL BOARD )
)
Public Employer. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, G. Steven Pfeiffer, held a public hearing in this case on September 17, 18, and 19, 1975, in Ft. Lauderdale, Florida. The following appearances were entered: Robert A. Sugarman, Caplan, Dorsey, Sicking, & Hessen, Miami, Florida, for the Petitioner, Freight Drivers Warehousemen and Helpers Union #390; Theodore Maverick, Ft. Lauderdale, Florida, for the Intervenor, Federation of Public Employees, Inc.; and Joseph Caldwell, Muller & Mintz, Miami, Florida, for the Broward County School Board. Several other labor organizations made limited appearances through their representatives. Gilbert Murray, Ft. Lauderdale, Florida, appeared on behalf of the Broward Educational Secretaries Association. Dennis Walton, Ft. Lauderdale, Florida, appeared on behalf of the International Union of Operating Engineers, Local #675. Walter Fortner, Ft. Lauderdale, Florida, appeared on behalf of the Plumbers and Pipe Fitters Local #719. Jim Weldon, Ft. Lauderdale, Florida, appeared on behalf of the International Brotherhood of Electrical Workers, Local Union 728. Marvin Branbsma, Ft. Lauderdale, Florida, appeared on behalf of Air Conditioning Local #725.
SUMMARY OF THE CASE
On June 16, 1975, the Freight Drivers, Warehousemen and Helpers Local Union 390, an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("Petitioner" hereafter) filed two petitions with the Public Employees Relations Commission ("PERC" hereafter). Through the
two petitions, the Petitioner is seeking recognition as the exclusive representative for collective bargaining purposes of a unit of employees employed by the School Board of Broward County ("Public Employer" hereafter). The unit described in one petition included bus drivers, bus aides, substitute bus drivers, and bus dispatchers; and excluded all other non-instructional and instructional employees. The unit described in the other petition included head custodians, assistant head custodians, custodians, maids, yardmen, pool operators, and on-site repairmen; and excluded all other non-instructional and instructional employees. At the hearing the Petitioner amended its petitions to describe a single collective bargaining unit which would include the following employees: head custodians; assistant head custodians; custodians, including female custodians formerly known as maids; mail room employees; yardmen, including all landscaping employees regularly assigned to individual schools; swimming pool operators; on-site repairmen; bus drivers; bus aides; substitute bus drivers; garage employees warehousemen and maintenance men excluding trades men. Excluded from the unit would be all other non-instructional and instructional employees, confidential and managerial employees, clerical and secretarial employees, and tradesmen.
On September 8, 1975, the Federation of Public Employees, Inc. ("Intervenor" hereafter), filed a Motion to Intervene in the cases filed by Petitioner. The Intervenor had previously filed a petition with PERC, which had been given Case No. 8H-RC-754-2177. That petition was dismissed on August 6, 1975, on the grounds that the petition was not supported by an adequate showing of interest. The Motion to Intervene was granted at the hearing, contingent upon Intervenor making an adequate showing of interest. See: Transcript, Volume 1, Page 10. 1/ PERC has in its possession authorization cards in support of the Intervenor's petition which were not stale. PERC also has in its possession authorization cards which were submitted by the Intervenor to the undersigned hearing officer at the final hearing, and which were subsequently forwarded to PERC. PERC therefore has in its possession sufficient material from which it can make an administrative determination as to whether an adequate showing of interest has been made on the Intervenor's behalf.
The final hearing was scheduled by notice dated August 26, 1975. At the hearing the Public Employer described the appropriate collective bargaining unit to include bus drivers, bus driver aides, custodial employees, mail service employees, garage employees, warehouse employees, safety employees, and building maintenance and maintenance employees. Excluded would be all other ,employees including student custodial employees, seasonal employees, irregular part-time employees, contract employees, and confidential and managerial employees as defined in the Public Employees Relations Act. The Intervenor agreed with the Public Employer's unit designation, except that the Intervenor would include head custodians and personnel in the purchasing department in the unit.
The units described by Petitioner, Intervenor, and the Public Employer, are the same except as follows: The Public Employer and the Intervenor would include maintenance employees who perform functions classified as building trades. The Petitioner would exclude these employees. The Public Employer and the Intervenor would include employees in the Warehousing Department who work in property and inventory. Petitioner would exclude these employees. Intervenor would include employees in the purchasing Department. Petitioner and the Public Employer would exclude these employees. The Public Employer and the Intervenor would include safety employees. Petitioner would exclude these employees.
Petitioner and the Intervenor would, include head custodians. The Public Employer would exclude these employees. Petitioner would include student custodians. The Public Employer and the Intervenor would exclude these
employees. Petitioner would include a seasonal employees. The Public Employer and the Intervenor would exclude these employees.
The purposes of the hearing were to consider and develop a record from which PERC might consider and determine the following issues:
Whether the School Board of Broward County is a Public Employer within the meaning of Florida Statutes, Chapter 447.
Whether the Petitioner and the Intervenor are Employee Organizations within the meaning of Florida Statutes, Chapter 447.
Whether there are sufficient showings of interest as required for the filing of representation election petitions and motions to intervene under Florida Statutes, Chapter 447.
Whether the Employee Organizations are properly registered with the Public Employees Relations Commission.
The appropriate unit of public employees.
The Public Employer called the following witnesses: Robert I. Pulver, the Program Director of Operational Services employed by the Public Employer; Patricia Alexander, the Acting Director of the Purchasing and Warehousing Department; Bernard Simon, a high school principal employed by the Public Employer; and James J. Farrell, the Business Administrator of the Intervenor.
Public Employer's Exhibits 1 and 2 were offered into evidence and were received.
Petitioner called the following witnesses: Norman Fortier, the Business Agent for Plumbers and Pipe Fitters Local 719; Dennis Walton, the Business Representative for International Union of Operating Engineers Local 675; Marvin Brandsma, the Business Agent for the Pipe Fitters and Air Conditioners Local 525; and Tom Wirth, a Business Agent for Plumbers and Pipe Fitters Local 719, and President of the Broward County Public Employees Maintenance Committee; Eva Dickerson, the President of the Broward Educational Secretaries Association; Travis Dumas, the President and Business Manager of the Petitioner; Willie Cunningham, a head custodian employed by the Public Employer; Earl Purdue, a head custodian employed by the Public Employer; and Robert I. Pulver, a witness previously called by the Public Employer. Petitioner's Exhibits 1 - 8 were offered into evidence. Petitioner's Exhibits 1 - 7 were received; Petitioner's Exhibit 8 was not received. The Intervenor called the following witnesses: James J. Farrell, the Business Administrator of the Intervenor; and Norma Purdue, the Business Agent of the Petitioner. Intervenor's Exhibits 1 - 5 were offered into evidence. Intervenor's Exhibits 1 - 4 were received; Intervenor's Exhibit 5 was not received.
The Broward Educational Secretaries Association appeared at the hearing for the limited purpose of supporting the Petitioner's position that Purchasing and Warehousing employees should be excluded from the collective bargaining unit.
The Broward Educational Secretaries Association is seeking to represent a unit of clerical personnel employed by the Public Employer. The organization has registered with PERC, has filed a petition seeking recognition, and intervened in the case originally filed by the Intervenor, Federation of Public Employees. The Broward Educational Secretaries Association called the following witnesses: Margaret Marie Miller, a clerk typist employed by the Public Employer; Edy Brown, an invoice processing clerk employed by the Public Employer; and Laverne
Kenyon, the supervisor of invoice processing under the Purchasing Department, employed by the Public Employer.
The parties were invited to file Legal Memoranda and a proposed Hearing Officer's Report. The Petitioner has filed a brief.
FINDINGS OF FACT
The petitions herein were filed by Petitioner with PERC on June 16, 1975. (Hearing Officer's Exhibits 1 and 2).
The final hearing was scheduled to be conducted on September 17, 1975, by Notice dated August 26, 1975. (Hearing Officer's Exhibit 3).
The Intervenor filed a petition with the Public Employees Relations Commission on June 26, 1975. (Hearing Officer's Exhibit 6). The Intervenor's petition was dismissed by the Chairman of PERC on August 6, 1975. The Motion to Intervene was filed with PERC on September 8, 1975. (Hearing Officer's Exhibit 8).
The School Board of Broward County is a Public Employer within the meaning of Florida Statutes Section 447.002(2). (Stipulation, TR, vol. I, pp. 13, 14).
The Petitioner is an employee organization within the meaning of Florida Statutes Section 447.002(10). (Stipulation, TR, vol. I, pp. 14, 15).
The Intervenor is an employee organization within the meaning of Florida Statutes Section 447.002(10). (Stipulation, TR, vol. I, pp. 14, 15).
There is no contract bar to holding an election in this case. (Stipulation, TR, vol I, p. 15).
PERC has previously determined that the Petitioner is a duly registered employee organization. (Hearing Officer's Exhibit 4). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.
PERC has previously determined that the Petitioner filed the requisite showing of interest with its petition. (Hearing Officer's Exhibit 5). Intervenor offered approximately 88 signed statements into evidence at the hearing as Intervenor's Exhibit 5. The statements express the signers' desire to resign from membership in the Petitioner. The statements were not accompanied by any testimony or other evidence with respect to their authenticity, and they were not, therefore, received in evidence. No additional evidence was offered at the hearing to rebut the administrative determination previously made by PERC respecting Petitioner's showing of interest.
PERC has previously determined that the Intervenor is a duly registered employee organization. (Hearing Officer's Exhibit 7). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.
In order to make a proper showing of interest in support of its Motion to Intervene, Intervenor offered authorization cards which had previously been forwarded to PERC in Case No. 8H-RC-754-2177, and which were not found by PERC to be stale and untimely. Intervenor offered additional authorization cards at
the hearing, which cards have been forwarded to PERC by the undersigned. At the time of the hearing no administrative determination had been made by PERC with respect to the Intervenor's showing of interest. No evidence was offered at the hearing to rebut such an administrative determination in the event that one is made.
The Broward Educational Secretaries Association is an employee organization which is seeking to represent a unit of clerical personnel employed by the Public Employer. Petitioner and Intervenor are not seeking to represent the same employees which the Broward Educational Secretaries Association is seeking to represent except that the Intervenor wishes to include employees in the Purchasing and Warehousing Departments in the unit in this case.
The International Union of Operating Engineers, Local 675; the Plumbers and Pipe Fitters, Local Union 719; the International Brotherhood of Electrical Workers, Local 728; and the Air Conditioning Local 725, are building trades unions which are seeking to represent employees of the Public Employer who perform building trades labor. At the time that the hearing was held none of these organizations had filed any petition with PERC seeking to represent employees of the Public Employer, and no motions to intervene were made at the hearing. The organizations had joined to form a new organization, the Broward County Public Employees Maintenance Committee. This new organization had registered with PERC, and is actively seeking to represent employees of the Public Employer. The new organization had not filed any petition with PERC, and made no motion to intervene at the hearing.
The Petitioner, the Intervenor, and the Public Employer agree that the appropriate collective bargaining unit would include the following employees: Bus Drivers, Bus Driver Aides, Substitute Bus Drivers and Aides, Mail Service Employees, Garage Employees, Assistant Head Custodians, and Head Custodians, Warehousemen and Maintenance Men, except that there is a disagreement as to whether tradesmen should be included. The parties agree that the following employees should be excluded: all instructional personnel, and confidential and managerial employees.
The functions of the School Board of Broward County are divided both functionally and geographically. The School Board of Broward County serves as the legislative body of the Broward County School System. The superintendent is the Chief Executive Officer. The central school board office is divided into four primary departments: Instructional Services, headed by a Program Superintendent for Instruction and a Program Director; Business Services, headed by a Program Director; Operational Services, headed by a Program Director, and Personnel Services, headed by a Director. Many school board functions are administered on a decentralized basis in four geographic areas. Each of the schools within the Broward County system fall within one of the areas. The principal of each school is charged with the responsibility for administering both instructional and non-instructional functions at the school. Each geographic area performs support functions for the schools. Four departments have been established in each area to perform the support functions. These departments are headed by a Curriculum Analyst, a Business Analyst, a Supervisor of Maintenance and Operations, and a Supervisor of Transportation.
Employees involved in this case are employed in the Central Operational Services Department, in the purchasing and warehousing office of the Central Business Services Department, in the area Maintenance and Operations and Transportation Departments, and at the individual schools.
There are five departments within Operational Services. The School Facilities Department is headed by a Director. This department is responsible for planning the construction of new schools or additions to already existing schools. Personnel in the department serve as a liaison between educational personnel and the school board architects. Once a project is approved by the School Board and the State, and has been contracted, the School Facilities Department supervises construction.
The Minor Capital Outlay Department is headed by a Coordinator. The Coordinator prepares the budget for the Department, assigns duties, and coordinates the activities of the Department with maintenance personnel in the areas. When area maintenance personnel have special problems that cannot be handled in the ordinary course of their work day, the area supervisor from Maintenance and Operations will request assistance from Minor Capital Outlay. Five supervisors work under the Coordinator. The Plumbing Supervisor is responsible for seeing that supplies are furnished, determining what jobs need to be performed, assigning personnel to the jobs, and seeing that all jobs are accomplished. The Plumbing Supervisor submits a proposed budget to the Coordinator, coordinates purchases with area supervisors, and serve as the first step in the grievance procedure. The Electrical Supervisor, Custodial Services Supervisor, Portable Classroom Supervisor, and Painting Supervisor have the same duties and responsibilities as the Plumbing Supervisor within their respective realms. Functions performed by the Minor Capital Outlay Department which are not supervised in the `foregoing manner are supervised by foremen or leadmen. These personnel answer directly to the Coordinator. They are responsible for submitting budget information to the Coordinator, serve as the first step in the grievance procedure, and coordinate purchases with area supervisors.
The Auxiliary Services Department, which is headed by a Director, covers the garage, transportation, and mailroom. The garage is responsible for maintaining buses and all school board vehicles. The Garage Coordinator is responsible for supervising activities at the garage. A Body and Paint Foreman, a Shop Foreman, and Day and Night Shift Mechanic Foremen answer to the Garage Coordinator. These foremen are working foremen. The Transportation Division is headed by a Coordinator. The Central Transportation office coordinates with transportation offices in each area. Area Transportation Supervisors work out bus routes for the individual schools based upon information submitted by the school principals. The central office coordinates with the area offices to assist in routing of buses. Bus drivers answer to the Area Transportation Supervisors, and to the Principals at the individual schools. The primary function of the Central Transportation Office is to coordinate activities of the Area Transportation offices. The mailroom provides intra-school mail service. The mailroom is headed by a mailroom specialist.
The Pupil Accounting and Sight Planning Department is responsible for maintaining demographic records of the county, in order to determine where future schools should be built, and when they should be built. The department coordinates the acquisition of school sites. The department consists of a Director, two secretaries and three clerk typists.
The Safety Department was previously a division of the Auxiliary Services Department. It is now a separate department under Operational Services. The Department consists of a Coordinator and two Inspectors. These personnel are certified by the State Department of Education to make health and safety inspections of the school facilities. In the event of an accident, these personnel would make an investigation and report. Such an investigation might result in disciplinary action being taken against other employees. A part of
the Safety Inspector's function might be to testify at grievance hearings relating to accidents. These employees would be eligible for membership in the Petitioner, but the Constitution of Petitioner would not permit the employees to file reports that might cause disciplinary action to be taken against another member of the Petitioner.
Each area is headed by an Area Superintendent. The Area Superintendent is responsible for both instructional and non-instructional matters within the area. School principals answer to the Area Superintendent. The Supervisor of Maintenance and Operations, and the Supervisor of Transportation for each area also answer to the Area Superintendent. There is no intermediate management in the non-instructional divisions of the areas. Various functional divisions of the Maintenance and Operations Departments may have working foremen which generally direct the activities of the crews. There is, for example, a small mower foreman in each area. Employees in the areas receive the same salaries and benefits, and work the same hours as the employees in the central office. A journeyman electrician assigned to the Maintenance and Operations Department of an area would receive the same employment benefits as a journeyman electrician assigned to the Minor Capital Outlay Department of Operational Services in the central office.
School principals are in charge of both instructional and non- instructional matters at the schools. The principal is responsible for hiring and firing the school's custodians and on-site repairmen. The on-site repairmen will coordinate their activities with the area maintenance and operations office, but they will nonetheless answer to the principals. Head custodians provide principals with information respecting monetary needs, but they play no other budget role. Head custodians play no policy or collective bargaining role. Head custodians do serve as the initial step in the grievance procedure. Some of the principals in the school system place strong reliance upon their head custodians; others do not. Some principals assign the head custodians the responsibility of interviewing prospective employees, and such principals rely upon the head custodian's recommendations respecting hiring, firing, promotion, and vacations. Head custodians generally perform the same functions as other custodians, in addition to their supervisory functions. Head custodians will open the school plants, perform maintenance chores, clean floors, and move heavy objects. Some head custodians are given virtually no supervisory role respecting other custodians.
Some of the schools employ student custodians. Student custodians answer to the Head Custodian and to the Principal. They work on a part-time, irregular basis during the school year. Regular custodians work on a full-time regular schedule, twelve months per year. Student custodians are paid less than regular custodians.
The Purchasing and Warehousing Department is located within Business Services. The Director of Purchasing and Warehousing answers to the Program Director of Business Services. The Purchasing and Warehousing Department is divided into a Purchasing Division, a Property and Inventory Control Division, and a Warehouse Division. The Purchasing Division is headed by a supervisor who answers to the Director of Purchasing and Warehousing. The Purchasing Division is responsible generally for purchasing all supplies for the school system. Supplies are sent to the warehouse and are delivered from the warehouse to the schools. There are twenty-one employees in the Purchasing Division. Fifteen are Clerks or Clerk Typists. These employees generally type invoices and do filing. There are four Buyers in the Division. These employees process requisitions, process bids, and write bid specifications. The Buyers will
consult with maintenance and instructional supervisors respecting supplies. The Purchasing Division is in constant contact with the warehouse, although the division is located approximately five miles from the warehouse. Three Purchasing Clerks work at the warehouse. These employees sit at desks and do not wear warehouse uniforms. Many persons in the Purchasing Division have been members of the Broward Educational Secretaries Association for some time, and wish to be represented in collective bargaining by that organization. Other employees of the Purchasing Division have been members of the Intervenor.
The Public Employer employs numerous employees who perform work generally classified as in the building trades. Trade unions affiliated with the AFL-CIO have a long-standing agreement among themselves that they will not seek to represent members of another affiliated union's trade. The trade unions commonly refer to members of their trade as within their "jurisdiction".
Neither the Petitioner, the Intervenor, nor the Public Employer are parties to that agreement. Tradesmen employed by the Public Employer do perform non-trade work. All tradesmen will drive trucks. The crane operator is often not engaged in that activity and will perform other maintenance work. Plumbers are occasionally called upon to dig ditches. Approximately 90 percent of the tradesmen's work is in their trade. The School Board has participated in an apprenticeship program which is managed in part by the trades unions. Through this program an employee of the School Board can become a journeyman. The program is not mandatory, and employees can become journeymen without participating in it. No evidence was offered at the hearing showing any direct conflict between tradesmen and other employees of the Public Employer.
ENTERED this 12 day of March, 1976 in Tallahassee, Florida.
G. STEVEN PFEIFFER Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida
ENDNOTE
1/ References to pages in the official transcript will hereafter be designated "TR" followed by the volume and page number.
COPIES FURNISHED:
Robert A. Sugarman, Esquire Joseph Caldwell, Esquire Caplan, Dorsey, Sicking Muller & Mintz, P.A.
& Hessen P.A. Suite 600, 100 Biscayne Blvd.
1951 N. W. 17th Ave. North Miami, Florida 33132 Miami, Florida 33125
Theodore P. Mavrick
Suite 205, 2601 E. Oakland Park Blvd. Ft. Lauderdale, Florida 33306
| Issue Date | Proceedings |
|---|---|
| Mar. 12, 1976 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Mar. 12, 1976 | Recommended Order | Relations Commission hearing to establish record for Public Employees Relations Commission (PERC) as to correct units for collective bargaining. |
