STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL BROWN, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0516

) WILLIAM B. BRYANT COMPANY and ) GREYHOND LINES, INC., )

)

Respondents, )

and )

) FLORIDA COMMISSION ON HUMAN ) RELATIONS, )

)

Intervenor. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on May 25, 1984, in Ocala, Florida.

APPEARANCES

For Petitioner: Michael Brown, pro se

1630 North West 9 Street

Ocala, Florida 32675

For Respondent: E. G. Musleh, Esquire (William B. Post Office Box 924 Bryant Company) Ocala, Florida 32678

For Respondent: L. Gene Lemon, Esquire (Greyhound 1742 Greyhound Tower Lines, Inc.) Phoenix, Arizona 85077

and

Paula Coffman, Esquire Post Office Box 159 Ocala, Florida 32678

For Intervenor: No appearance.

ISSUE

The issue presented herein concerns whether or not Respondent unlawfully discriminated against Petitioner, Michael Brown, on the basis of his race.

FINDINGS OF FACT

1. At the outset of the hearing herein, Respondents moved to dismiss the Petition herein based on a claimed lack of jurisdiction over the Respondents because of Petitioner's failure to allege that the Respondents were employers within the meaning of Section 760.02(6), Florida Statutes. Additionally, Respondent, William B. Bryant Company, alleged that the Petition was untimely in that it was not filed within 180 days of the occurrence of the alleged unlawful employment practice as set forth in Rule 22T-9.01(2), Florida Administrative Code.

   
   

2. Respondent, William B. Bryant Company, introduced payroll records for all times relevant herein. 1/ An examination of those records reveals that Respondent William B. Bryant Company has not employed 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Based thereon, Respondent William B. Bryant Company is not an employer within the meaning of the Human Rights Act of 1977, as amended. Section 23.162(6) and 23.167(10), Florida Statutes (1981).

   
   

3. Additionally, an examination of the Station Agreement entered into by and between Greyhound Lines, Inc., a California corporation with offices at 431 Greyhound Tower, Phoenix, Arizona, and William Boyd Bryant, d/b/a William B. Bryant Company, which has a contractual agreement to provide services at Respondent Greyhound Lines, Inc., Ocala, Florida terminal, is not an employer of either Michael Brown, Petitioner, or William B. Bryant Company. Based thereon, it is determined that Respondent Greyhound Lines, Inc. is not an employer of Petitioner within the The meaning of the Human Rights Act of 1977, as amended. Sections 23.162(6) and 23.167(1), Florida Statutes (1981).

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

5. The parties were duly noticed pursuant to the notice provisions of Chapter 120 and Rule Chapters 22T and 28-5, Florida Administrative Code.

   
   

6. The authority of the Intervenor, Florida Commission on Human Relations, is derived from Chapter 760, Florida Statutes, and Rule Chapter 22T, Florida Administrative Code.

   
   

7. Respondent, William B. Bryant Company, having failed to employ 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, is not an employer within the meaning of the Human Rights Act of 1977. (Sections 23.162(6) and 23.167(10), Florida Statutes (1981)).

   
   

8. Respondent, Greyhound Lines, Inc., is not an employer of Petitioner Michael Brown or Respondent William B. Bryant Company and based on the facts introduced herein is not an employer subject to the Commission's jurisdiction over the issues raised in the Complaint as filed by the Petitioner herein. 2/ Sections 23.162(r) and 23.167(1), Florida Statutes (1981).

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Florida Commission on Human Relations enter a Final Order dismissing the Petition filed herein.

RECOMMENDED this 21st day of June, 1984, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of June, 1984.

ENDNOTES

1/ Petitioner was employed as a clerk for William B. Bryant Company at its Ocala, Florida terminal from 1977 through November 2, 1982.

2/ Based on this jurisdictional determination, no finding is made herein on Respondent Bryant's claim that the Petition should be dismissed because it was untimely filed.

COPIES FURNISHED:

Michael Brown

1630 North West 9 Street

Ocala, Fl. 32675 325

E. G. Musleh, Esquire

P.O. Box 924 Ocala, Fl. 32678

L. Gene Lemon, Esquire 1742 Greyhound Tower Phoenix, Arizona 85077

J. Worth Owen, Esquire Commission on Human Relations

325 John Knox Road, Bldg. F, Ste. 240 Tallahassee, Fl. 32303

Donald Griffin, Director Commission on Human Relations

325 John Knox Road Tallahassee, Fl. 32308

Paula Coffman, Esquire

P.O. Box 159 Ocala, Fl. 332678

Docket for Case No: 84-000516

Orders for Case No: 84-000516