STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DISTRICT COUNCIL Number 66, ) INTERNATIONAL BROTHERHOOD OF ) PAINTERS AND ALLIED TRADES, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1551

) PERC CASE NO. 8H-RC752-0182 HILLSBOROUGH COUNTY AVIATION )

AUTHORITY, )

)

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 October 31, 1975 at Tampa, Florida.

APPEARANCES

For Petitioner: Joseph H. Williams, Esquire

Troutman and Parish, P.A.

427 South New York Avenue Winter Park, Florida 32789

For Respondent: Harrison C. Thompson, Jr., Esquire

Shackleford, Farrier, Stallings and Evans, P.A.

Post Office Box 3324 Tampa, Florida 33601

At the commencement of the hearing, Exhibit 1, the Petition; Exhibit 2, Affidavit of Compliance for Registration of Employee Organization; and Exhibit 3, Affidavit of Compliance for Required Showing of Interest, were admitted into evidence without objection. The parties stipulated that the Petitioner was an Employee Organization as defined in Chapter 447, Florida Statutes, and that the Hillsborough County Aviation Authority is a Public Employer as defined in Chapter 447, Florida Statutes. They further stipulated that the Petitioner had made a request for recognition and the Public Employer had refused to grant the request.

Thereafter the Public Employer renewed the motion it had submitted to the Public Employee Relations Commission by mailgram October 28, 1975, and offered into evidence as Exhibit 4 a copy of this mailgram. The basis for the motion for continuance was that the Hillsborough Civil Service Board considers itself to be a necessary party to any proceedings involving wages and hours of Hillsborough County employees. The county has filed an action in the Circuit Court for Hillsborough County, seeking a declaratory judgment to allow it to comply with the duties of a public employer without interference from the Civil

Service Board. As a result of this litigation the Public Employer herein contends that this proceeding is premature until such time as the court resolves the conflict between the Civil Service Board and the Hillsborough County Aviation Authority. The Motion for Continuance was denied.

The parties then stipulated that the following job titles of the employees of the Hillsborough County Aviation Authority should be included in an appropriate bargaining unit:

HVAC Engineer II, Electrician III, Refrigeration/Air Conditioning Mechanic III, Equipment Mechanic III, Electrician II, Refrigeration/Air Conditioning Mechanic II, Night Building Superintendent, Building Maintenance II, Automatic Devices Mechanic, Construction Equipment Operator III, Equipment Mechanic I, Construction Equipment Operator II, Construction Crew Leader I, Auto Equipment Service Specialist, Trades Helper, Building Maintenance I, Electrician I, Special Equipment Operator I, Building Maintenance III, Plumber III, Plumber II, and Laborer.

The parties further stipulated that the following job titles of employees of the Hillsborough County Aviation Authority should be excluded from the appropriate bargaining unit:

Assistant Director of Operations, Administrative Assistant to the Director of Fiscal Services, Central Maintenance Service Supervisor, Building Maintenance Supervisor, Airport HVAC Supervisor, Airport Electrical Plant Supervisor, Accountant II, Personnel Assistant II, Airfield Maintenance Supervisor, Principal Buyer, Accountant I, Facilities Administrative Assistant, Airport Police Lieutenant, Airport Police Sergeant, Administrative Secretary, Communications Center Coordinator, Airport Police Officer, Central Records Management Supervisor, Airport Tour Coordinator, Secretary II, Secretary I, Accounting Clerk III, Storekeeper III, Communications Center Operator, Airport Tour Guide, Clerk Typist II, Accounting Clerk I, and Clerk II.

These stipulations of inclusions and exclusions were accepted by the hearing officer, and the hearing thereafter was adjourned.

ENTERED this 21st day of November, 1975 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: 75-001551

Orders for Case No: 75-001551