Judges: G. STEVEN PFEIFFER
Agency: Public Employee Relations Commission
Latest Update: Jul. 12, 1976
Summary: Parties wish to establish a record of duties and job descriptions to form collective bargaining unit for Public Employees Relations Commission (PERC) review. No Recommended Order.
76-0604.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
BREVARD COUNTY POLICE )
BENEVOLENT ASSOCIATION, )
)
Petitioner, )
)
vs. ) CASE NO. 76-604
)
CITY OF COCOA, )
)
Public Employer. )
) PERC Case No. 8H-RC-766-2031 )
)
HEARING OFFICER'S REPORT; SUMMARY OF THE CASE; FINDINGS OF FACT
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 June 3, 1976, in Cocoa, Florida.
The following appearances were entered: Joseph R. Moss, Moss & Holcomb, Cocoa, Florida, for the Brevard County Police Benevolent Association; and Jerry King, the Personnel Director of the City of Cocoa, for the City of Cocoa.
SUMMARY OF THE CASE
The Brevard County Police Benevolent Association ("Petitioner" hereafter) filed a petition with the Public Employees Relations Commission ("PERC" hereafter) on March 18, 1976. Petitioner is seeking to represent a unit of employees of the City of Cocoa ("Public Employer" hereafter). The unit described in the petition would include dispatchers and intake-clerks in the Police Department and would exclude all other personnel. It became evident at the hearing that the Public Employer had no quarrel with the unit designation, and that the only issue was whether the employees described in the petition should have a separate collective bargaining unit, should be included with a unit of law enforcement personnel, or with a unit of other personnel. At the hearing the parties stipulated that the employees described in the petition, whose correct job titles are Communications Officers; Secretary, Detective Bureau; and Records and Identification Clerk, should be included in the unit with law enforcement personnel. Following the hearing the parties were to provide PERC with either a Recognition Acknowledgement Petition as a substitute for the Recognition Certification Petition filed herein, or a Consent Election Agreement, or a Petition to Amend the Certification in PERC Case 766-2030, the case in which the law enforcement unit was certified.
Evidence was offered at the hearing in support of the parties' stipulations. The Petitioner called the following witnesses: Audrey Dale, a Communications Officer employed by the Public Employer; Hilda Praetorious, a Communications Officer employed by the Public Employer; and Dianna Andrews, the Secretary of the Detective Bureau. Hearing Officer's Exhibits 1 - 4, Joint
Exhibits 1 - 3, and Public Employer's Exhibit 1 were received in evidence at the hearing.
FINDINGS OF FACT
The Petition herein was filed by the Petitioner with PERC on March 18, 1976. (Hearing Officer's Exhibit 1).
The hearing in this case was scheduled by Notice dated May 2, 1976. (Hearing Officer's Exhibit 2).
The City of Cocoa, Florida, is a Public Employer within the meaning of Florida Statutes, Section 447.002(2). (Stipulation, Transcript of Record, Page 5, 6). 1/
The Petitioner is an Employee Organization within the meaning of Florida Statutes, Section 447.002(10). (Stipulation, TR 6).
The Petitioner has requested recognition as the bargaining agent of the persons described in the petition. (Stipulation, TR 6, 7).
There is no contractual bar to holding an election in this case, and there is no collective bargaining history which would effect the issues in this case. (Stipulation, TR 7).
PERC has previously determined that the Petitioner is a duly registered Employee Organization. (See: Hearing Officer's Exhibit 3). At the hearing the parties stipulated that the Petitioner is so registered. (TR 7).
PERC has previously determined that the Petitioner filed the requisite showing of interest with its petition. (Hearing Officer's Exhibit 4). No evidence was presented at the hearing to rebut the administrative determination previously made by PERC.
Petitioner and the Public Employer stipulated and agreed that employees within the Public Employer's Police Department who hold the positions of Communications Officers; Secretary, Detective Bureau; and Records and Identification Clerk should be included in the collective bargaining unit previously certified by PERC in Case No. 766-2030.
The job descriptions of employees who hold the positions of Communications Officer; Secretary, Detective Bureau; and Identification Clerk were received in evidence as Joint Exhibits 1, 2, and 3. The job descriptions accurately describe the duties, responsibilities, and day-to-day activities of the employees who hold those positions.
ENTERED this 12 day of July, 1976, in Tallahassee, Florida.
G. STEVEN PFEIFFER Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
ENDNOTE
1/ References to the Transcript of Proceedings herein will hereafter be referenced "TR" followed by the page number.
COPIES FURNISHED:
Curtis L. Mack, Chairman Mr. E. W. Brockenbrough Public Employees Relations Commission City Manager
Suite 300 - 2003 Apalachee Parkway 603 Brevard Avenue
Tallahassee, Florida 32301 Cocoa, Florida 32922
Joseph R. Moss, Esquire
P. O. Box 1907
Cocoa, Florida 32922
Docket for Case No: 76-000604
Orders for Case No: 76-000604
| Issue Date |
Document |
Summary |
|
Jul. 12, 1976 |
Recommended Order
|
Parties wish to establish a record of duties and job descriptions to form collective bargaining unit for Public Employees Relations Commission (PERC) review. No Recommended Order.
|
