STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BREVARD COUNTY P.B.A., )

)

Petitioner, )

)

vs. ) CASE NO. 75-1044

) PERC NO. 8H-RC-756-2120

CITY OF ROCKLEDGE, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on Friday, June 27, 1975, at the Rockledge City Hall, Commissioner's Chambers, 11 Orange Avenue, Rockledge, Florida, beginning at 10:00 a.m.

APPEARANCES

For Petitioner: James D. Williams

Brevard County P.B.A. 978 Beacon Road

Rockledge, Florida 32955

Vernon Weekly Brevard County P.B.A. 700 Sandgate Street

Merritt Island, Florida 32952

Dale Dixon

Brevard County P.B.A.

2460 North Coutenay Parkway, Suite 216 Merritt Island, Florida 32952

For Respondent John A. Hipp, City Manager Public employer: City of Rockledge

Post office Box 488 Rockledge, Florida 32955

Jim Gilliard

993 Pinson Boulevard Rockledge, Florida

Ronald F. Ray

Post office Box 206 Rockledge, Florida

ISSUES

1. Whether the Respondent is a Public Employer within the meaning of Florida Statutes, Chapter 447.

   
   

2. Whether the Petitioner is an employee organization within the meaning of Florida Statutes, Chapter 447.

   
   

3. Whether there is a sufficient showing of interest as required for the filing of a representation election petition under Florida Statutes, Chapter 447.

   
   

4. Whether the employee organization is a properly registered organization with the Public Employees Relations Commission.

   
   

5. What is the appropriate unit of public employees in the cause before the Public Employees Relations Commission.

HEARING OFFICER'S REPORT

The five issues were discussed at the hearing with the following results:

1. It was agreed that the City of Rockledge is a public employer.

   
   

2. It was agreed that the Petitioner is an employee organization within the meaning of Florida Statutes, Chapter 447.

   
   

3. It was agreed that there is a sufficient showing of interest as required for the filing of a presentation election petition under Florida Statutes, Chapter 147.

   
   

4. It was agreed that the employee Organization is a properly registered organization with the public Employees Relations Commission.

   
   

5. The appropriate unit of public employees in the cause was in dispute. The Petitioner stated that the Association wanted to represent the dispatchers, patrolmen, sergeants, lieutenants and the detectives.

The Public Employer requested that only patrolmen and detectives should make up the unit.

FINDINGS OF FACT

1. The Petition, styled Brevard County P.B.A, Petitioner, and City of Rockledge, Public Employer, seeks a certificate of representation as the exclusive bargaining agent for Officers of the City of Rockledge, Florida, including patrolmen, sergeants, dispatchers lieutenants and detectives. Excluded are captains and the chief of police.

   
   

2. The city Counsel of the city of Rockledge, Florida, in the minutes dated April 2, 1975, agreed to follow guidelines under "Section 300" (8H300) of the Florida Administrative Code. See "Exhibit (1)".

   
   

3. An envelope furnished by PERC containing authorization cards for the Brevard County P.B.A., alphabetized list of employees provided by the employers, notice of appearance forms for the attorneys, request to appear forms by the public, registration file (original) for the Brevard County P.B.A, original

   petition file including Petition, affidavit of registration, affidavit for 30 per cent showing interest, was circulated and without objection entered into evidence. See "Exhibit (2)".

   
   

4. There are eighteen (18) men in the proposed bargaining unit: nine (9) patrolmen, two (2) detectives, three (3) dispatchers, three (3) lieutenants and one sergeant. A copy of the official job description of the City of Rockledge Police Department effective prior to the instigation of these proceedings was requested to be examined by both parties and submitted to the Hearing Officer and was submitted and marked as Supplement to the Record" and is made a part of this file.

   
   

5. The major functions of personnel as delineated in the job descriptions submitted are as follows:

Lieutenant: This is supervisory work in coordinating police activities on an assigned shift or specialized division of the department. The employee is responsible for the overall supervision of the subordinate personnel (patrolmen, dispatchers, etc.) engaged in

police activities on an assigned shift or a specialized division. Part of the duties are to assign, direct and supervise the work of subordinate personnel engaged in routine police activities or criminal investigations. This employee reviews and makes recommendations for disciplinary action of subordinate personnel of the department.

Sergeants: This is supervisory and specialized police work in the field and in police headquarters. An employee in this classification may also assume the total responsibilities as assigned to a regular shift commander. An employee in this classification may also be assigned the duty of coordinating the communication operators (dispatchers).

When working as a shift commander the duties are the sane as listed for a lieutenant's duties.

Patrolmen: This is general duty police work in enforcing laws and ordinances of the federal, state and local governments. Specific assignments are received from superior officers and carried out in accordance with the established rules and procedures. Personnel must be able to act without direct supervision in emergencies. Primary duties are to enforce the laws and ordinances and investigate and

see whether these laws and ordinances are being violated.

Detectives: The major functions of the detective is specialized police work but also includes enforcing the laws and ordinances of

the federal, state and local governments. Major duties include the conducting of surveillance assignments to help detect crime and general investigative work.

Communication operator or dispatcher:

This is specialized work receiving, screening and dispatching messages of police communication systems. His duty largely is the operation of the radio transmitter for the purpose of dispatching patrol and detective units and receiving messages.

In accordance with Chapter 447, Florida Statutes, no recommendations are submitted.

August 8, 1975.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

James D. Williams, Vice President Brevard County P.B.A.

978 Beacon Road

Rockledge, Florida 32955

Vernon Weekly, Past President Brevard County P.B.A.

700 Sandgate Street

Merritt Island, Florida 32952

Dale Dixon, President Brevard County P.B.A.

2460 North Coutenay parkway Suite 216

Merritt Island, Florida 32952

John A. Hipp, City Manager City of Rockledge

Post office Box 488 Rockledge, Florida 32955

Jim Gilliard

993 Pinson Boulevard Rockledge, Florida

Ronald F. Ray

Post office Box 206 Rockledge, Florida

Chairman

Public Employees Relations Commission Suite 105

2005 Apalachee parkway Tallahassee, Florida

Docket for Case No: 75-001044

Orders for Case No: 75-001044