STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PINELLAS AUXILIARY TEACHERS ) ASSOCIATION, FTP/NEA, )

)

Petitioner, )

)

vs. ) CASE NO. 76-454

) PERC Case No. 8H-RC-764-2023 SCHOOL BOARD OF PINELLAS COUNTY, )

FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled cause on May 6, 1976, at Clearwater, Florida.

APPEARANCES

For Petitioner: Stanley E. Marable, Esquire

500 Flagship Bank

Building, Tampa, Florida 33602

For Respondent: B. Edwin Johnson, Esquire

General Counsel Pinellas County

Post Office Box 4688 Clearwater, Florida 33518

SUMMARY OF PROCEEDINGS

By petition filed February 11, 1976, the Pinellas Auxiliary Teachers Association, FTP/NEA (Petitioner or PATA) seeks recognition as the exclusive bargaining representative of a group of employees of the Pinellas County School Board consisting of all full-time county aides, county para-professionals, ESEA aides, ESEA para-professionals and ESEA community workers.

At the beginning of the hearing the official documents consisting of the original Petition, the Affidavit of Compliance for Registration of Employee Organization, and Affidavit of Compliance for Required Showing of Interest were admitted into evidence as Exhibits 1, 2, and 3 respectively. The Public Employer objected to the admission of Exhibit 3 on the grounds that PERC had never asked for or received from the School Board a complete list of those employees included in the proposed bargaining unit. Therefore, according to the objection, there was no basis for PERC to determine that Petitioner fulfilled the required showing of interest.

The parties stipulated that Petitioner is an employee organization, the School Board is a Public Employer, and that Petitioner had requested recognition and the School Board had refused to recognize until certified by PERC.

The parties initially stipulated that the para-professionals and aides shown below the red line on Exhibit 4 constituted an appropriate bargaining unit; however, the Public Employer steadfastly contended that clerical employees, as a minimum, should also be included in the appropriate bargaining unit. During the course of the hearing the Public Employers withdrew its stipulation to include the para-professionals in an appropriate unit with the county aides.

Twenty-three exhibits were offered into evidence and 3 witnesses were called by the Public Employer. Exhibit 22, a PERC staff report in another proceeding involving the Pinellas County School Board, was objected to and was not admitted into evidence. Even if the Public Employer's argument that such report is a public record and is admissible as public record exception to the hearsay rule is valid, there was no authentication of the document by witness, seal, signature, etc. In fact, there was not even an initial on the document to indicate who the author might be.

The action of the Public Employer in withdrawing its stipulation that para- professionals and teachers aides be included in an appropriate unit, leaves considerable doubt as to just what is the position of the employer in this case. Although the various witnesses called by the Public Employer appeared to opt for the minimum number of bargaining units possible so as to enhance the efficient administration of the school system, it was not clear in which unit the School Board suggests these para-professionals be placed if not included with the aides.

The para-professional, the teachers aides, and physical education aides work under the supervision of a teacher or curriculum specialist while the library aide works under the supervision of the librarian. All these classifications are included under the services division of the school system. Many of the other personnel in the services division were included in the unit approved by PERC (Exhibit 23) to be represented by the Pinellas County Custodial Union 1221. At that hearing the Public Employer apparently took the position that para-professionals, aides, and clerical personnel should also be included in the bargaining unit there applied for.

Job descriptions of the para-professionals and aides are contained in Exhibits 13 - 16 inclusive, and job descriptions of clerical employees are contained in Exhibits 17 - 21 inclusive.

Para-professionals, as well as teachers aides, assist the teacher. The former is required to hold the equivalent of an Associates degree (60 semester hours) while the latter is required to have only a high school diploma. The teachers aide in elementary schools instruct pupils while in the secondary schools their function is limited to clerical duties. Para-professionals instruct in both elementary and secondary schools.

Both para-professionals and aides are paid on an hourly basis and are not on a continuing contract status. Many of the para-professionals have teachers certificates, but the oversupply of teachers presently requires some to work as para-professionals to remain in education. The majority of the para- professionals are paid by federal funds emanating from the Elementary and Secondary Education Act (ESEA). These funds are appropriated on an annual basis

and only for approved programs. Funds for such personnel have been available since 1965.

Para-professionals and aides spend a great deal of their time with children while clerical personnel may or may not be employed in the school building and work in the proximity of school children.

Clerical personnel, aides in secondary schools and library aides perform similar clerical duties.

No job description was submitted for the position of community aide. This is a new position apparently funded by ESEA whose function is to visit the families of pupils below certain educational levels, for the purpose of improving the home instruction received by these pupils.

During the course of the testimony opinions were expressed that jurisdictional disputes could arise between teacher aides in secondary schools and clerical personnel because both perform similar functions. While `this argument is not entitled to serious consideration regarding a jurisdictional problem, it is certainly worthy of percent note that aides and clerical personnel do not perform such dissimilar duties that it would be inappropriate to place both groups in the same bargaining unit.

Similarities and differences of the various groups under consideration for inclusion in an appropriate bargaining unit are contained in Exhibits 8 and 9 which show the educational requirements, clerical duties performed and salary schedules. Most school employees, including those presently represented by other bargaining units have the same or similar leave, insurance, sick leave, social security, etc. benefits.

There is some transfer between aides and clerical personnel, but there is little transfer between aides and para-professionals, apparently due to the difference in educational requirements. However, in the event funds to hire para-professionals were drastically reduced, but funds for teachers aides were available, it would be expected that the same over qualified situation would affect the teacher's aides that now exist with many of the para-professionals hired by Pinellas County who hold teacher's certificates.

There are presently no employee organizations seeking to represent the clerical personnel of the Pinellas County School System. The instructional personnel are represented, as are the so-called blue collar workers, and the Police Benevolent Association is seeking to represent security personnel. This leaves only the clerical personnel and certain supervisory personnel that are either not in, or proposed for inclusion in, a bargaining unit. The position of thee public employer that more efficient administration of the school system would result by limiting the number of bargaining units is a valid basis for including clerical personnel in the approved bargaining unit. No evidence was presented to show such inclusion would be inappropriate. On the other hand no evidence was presented that these clerical employees desired to be represented by PATA.

In accordance with 447.307(3)(a) F.S. no recommendations are submitted.

DONE and ENTERED this 25th day of May, 1976 `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: 76-000454

Orders for Case No: 76-000454