STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITRUS TEACHERS' ASSOCIATION ) CITRUS COUNTY EDUCATION )

ASSOCIATION )

)

Petitioners, )

)

and ) CASE NOS. 75-057

) 75-058

CITRUS COUNTY SCHOOL BOARD ) PERC CASE NO. 8H-RA-754-1008

) PERC CASE NO. 8H-RC-754-1028

Public Employer )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K.N. Ayers, held a public hearing on the above matter April 14, 1975 in Inverness, Florida.

APPEARANCES

For Citrus County Ronald G. Meyer

Education Association: Suite 500, Marine Bank Building

Tampa, Florida 33602

For Citrus County William F. Edwards School Board: Box 1588

Inverness, Florida 32650

For Citrus Teachers Robert A. Kennedy Association: Route 3, Box 209

Crystal River, Florida 32629

Citrus Teachers' Association obtained voluntary recognition from the Citrus County School Board but before the consent election, Citrus County Education Association filed its petition for a Certification of Representation after meeting registration requirements and the requisite showing of interest.

Accordingly, the two petitions were set for a joint hearing since both petitions were applying to represent the same proposed bargaining unit.

At the beginning of the hearing, the School Board moved for separate hearings on the two causes, primarily upon the ground that it proposed to attack the jurisdiction of the Commission to hear one of the causes while it interposed no objection to the other. Inasmuch as the same evidence would be required in each cause and would in no wise affect the jurisdictional issue, if one existed, the motion was denied. Likewise the motion of the Board for a continuance was denied. Thereafter the Board requested to see the signature cards upon the representation that it was necessary to see who had signed the cards in order to properly inquire into the issues of collusion, coercion, intimidation or misrepresentation. This request was denied and the attorney for the Board was advised that no questions regarding the signature cards would be permitted until

some evidence had been produced to provide sufficient reason to believe that the signatures had been obtained by collusion, coercion, intimidation or misrepresentation as provided by Section 447.009(2), Florida Statutes.

The Board then moved for a continuance on the grounds that the Commission had not responded to the Board's petition for DECLARATORY STATEMENT, a copy of which is attached as Exhibit A. The Board contended that the letter dated April 8, 1975, a copy of which is in PERC Files, and signed by the Acting General Counsel, is not an appropriate response to the Petition since it was not signed by the Commission or the Chairman. This motion was denied. The parties stipulated that the School Board was a public employer as defined by Section 447.002(2), Florida Statutes, and that Citrus Teachers' Association was an employee organization as defined by Section 447.002(10), Florida Statutes. The Board refused to stipulate that Citrus County Education Association was an employee organization as defined by the Section 447.002(10), Florida Statutes and the president of the union presented evidence clearly establishing that they meet those statutory requirements.

The Petitions of the two labor organizations, affidavits that the two petitioners are duly registered organizations within the meaning of Section 447.008, Florida Statutes, and an affidavit in the RC petition that the Citrus County Education Association met the required showing of interest requirements were admitted into evidence as Exhibits 1-5 inclusive. The Board stipulated that Citrus Teachers' Association had met the showing of interest requirements.

Both petitions seek to represent the same bargaining unit and all parties stipulated that those persons proposed for inclusion should be included and those proposed for exclusion should be excluded. The job descriptions of those proposed for inclusion is contained in Exhibit 6 and attached thereto is a list of job titles proposed for exclusion. Of those proposed for exclusion, with the exception of substitute teachers, some of which, but not all, are certificated, the remainder of the job descriptions shown thereon are for non-certificated positions.

Exhibit 7 contains a list of job descriptions of various school officials who are non-instructional personnel. These include Directors, Supervisors, Coordinators, Principals, Assistant Principals, a list of confidential employees (principally secretaries to higher echelons of school board employees) and non- certificated supervisory or managerial employees. All parties stipulated that Exhibit 7 correctly and accurately depicts the duties and responsibilities of those personnel contained therein and that they should be excluded from the proposed bargaining unit.

In summary, the parties stipulated that all teachers, librarians, coaches, guidance counselors, activities directors, school psychologists, occupational specialists, dean of students, speech therapists, and social workers should be included in an appropriate bargaining unit; and that all non-certified employees, all certified personnel who are principals, assistant principals, coordinators, supervisors, directors (except for activities directors) and the Superintendent of Public Instruction, should be excluded from the bargaining unit.

In accordance with Section 447.009(3)(a), no recommendations are submitted.

Entered this 27th day of May, 1975.

K. N. Ayers Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Ronald G. Meyer, Esquire William F. Edwards, Esquire Suite 500 Box 1588

Marine Bank Building Inverness, Florida Tampa, Florida 33602

Chairman

Robert A. Kennedy, Esquire Public Employees Relations Route 3, Box 209 Commission

Crystal River, Florida 32629 2005 Apalachee Parkway

Suite 105 Tallahassee, Florida

Docket for Case No: 75-000057

Orders for Case No: 75-000057