vs. ) CASE NO. 75-1684
) PERC NO. 8H-RC-754-2201
Intervenor. )
A representation hearing, pursuant to notice was held in this cause on December 9 and 10, 1975, and February 23, 1976, in Jacksonville, Florida. The elements of this hearing were conducted at 6th Floor, City Hall, Jacksonville, Florida; Room 602, Blackstone Building, Jacksonville, Florida; and Haydon Burns Public Library, 122 North Ocean Street, Jacksonville, Florida, respectively.
By agreement of the parties, the Public Employer presented its witnesses to begin with. The Public Employer presented the following witnesses: Dr. Jim W. Ragans, Director of Classified Personnel for the Duval County School Board; Joe H. Andrew, Director of Plant Services for the Duval County School Board; James K. Kelley, Supervisor of Maintenance for the Duval County School Board; Wilson McCulley, Manager of Custodial Services, for the Duval County School Board; Howard Harlow, Maintenance Coordinator, Planning, Programming, and Scheduling, for the Duval County School Board; Ruth Hose, Director of School Food Service, for the Duval County School Board; Oveda Van Landingham, Cafeteria Manager, for the Duval County School Board; Ralph Storey, Area Director; for the Duval County School Board; and Fazil Dean, School Principal, for the Duval County School Board. The Petitioner presented the following witnesses: Elouise Stalve, Cafeteria Manager, for the Duval County School Board; Vera Baham, Cafeteria Manager, for the Duval County School Board; Bernadette Sternberg, Cafeteria Manager, for the Duval County School Board; Cynthia Newman, School Clerk I, for the Duval County School Board; Norma Duane, Bookkeeper-Treasurer
II, for the Duval County School Board; Rosia Lee White, School Clerk I, for the Duval County School Board; Billy Bates, School Clerk I, for the Duval County School Board; Betty Libby, School Clerk I, for the Duval County School Board; Eleanor Ocane, School Clerk I, for the Duval County School Board; Ronald C. Nasworthy, Foreman, with the Parks Division, City of Jacksonville; Howard E. Harlow, Maintenance Coordinator, Planning, Programming and Scheduling, for the Duval County School Board; and Jim W. Ragans, Director of Classified Personnel, for the Duval County School Board. Joe W. Considine testified in behalf of the Intervenor. The aforementioned witnesses testified and were questioned by counsel and by the hearing officer.
According to the petition as filed, August 13, 1975, Petitioner requested recognition of a unit comprised of personnel in the following classifications: Cafeteria Managers, School Clerks, and the following classifications with the Plant Service Division; Director of Plant Services, Maintenance Coordinator, Supervisor of Maintenance, Maintenance General Foreman, Maintenance Craft Foreman, Manager of Custodian Services, Supervisor of Custodian Services, Area Custodian Foreman, Custodian III and IV, Construction Inspections Supervisor, Specification Writer and Inspector (construction). (Note: See Hearing Officer's Exhibit 2.) In the part of the hearing held on February 23, 1976, the Petitioner offered an amendment to the original petition to incorporate the positions of Bookkeeper I and II within the Duval County School Board, this amendment was not objected to by Public Employer or Intervenor.
The Public Employer has objected to including in the proposed unit any of the following: Cafeteria Managers, School Clerks, the Director of Plant Services, Maintenance Coordinator, the Supervisor of Maintenance, the Manager of Custodial Services, Construction Inspection Supervisor, School Construction Inspector, Construction Specification Writer and Field Construction Inspector. The remaining employees set forth in the proposed unit are not objected to as being proper positions to be included in the unit. In addressing the individuals which the Public Employer felt should be excluded from the unit, the Public Employer has filed a petition for determination of the managerial and confidential status of certain of those positions and that petition is made a part of the record.
A motion to intervene was filed by Ben R. Patterson, Esquire, Attorney for AFSCME Council 97, AFL-CIO, on February 9, 1976. Objections to this motion were filed by the Public Employer February 20, 1976. The motion by the Intervenor attempts to participate in the proceedings on the positions of Custodians III and IV, Duval County School Board, as alluded to in the petition. This intervention was allowed by the undersigned for purposes of addressing positions of Custodian III and IV and testimony was offered by J. W. Considine on the question. A further statement on the position of AFSCME Council 97 was submitted by Ben R. Patterson, Esquire, subsequent to the hearing. The date of this position statement is March 1, 1976, and the position statement is made a part of this record, for such purposes as deemed appropriate by the Commission.
The following exhibits were admitted into evidence: Exhibit #1, by Hearing Officer, Notice of Hearing, Exhibit #2, by Hearing Officer, Petition for Unit Recognition, Exhibit #3, by Hearing Officer, Affidavit of Compliance for Required Showing of interest, Exhibit #4, by Hearing Officer, Affidavit of Compliance for Registration of Employee Organization, Exhibit #1, by Public Employer, Organizational Chart, Exhibit #2, by Public Employer, Organizational Chart, Operations Division; Exhibit #3, by Public Employer, Organizational Chart, Facilities Division; Exhibit #4, by Public Employer, Organizational
Chart, Business Affairs Division; Exhibit #5, by Public Employer, Specifications for job classes, as a composite, Exhibit #6, by Public Employer, Salary Schedules with pay grades, as a composite exhibit; Exhibit #7, by Public Employer, Job Description for School Clerk I, Exhibit 8, by Public Employer, By- Laws of the Supervisors Association, Exhibit #1, by the Petitioner, Job Description of School Clerk II, Exhibit #2, by the Petitioner, Job Description of School Clerk III, Exhibit #3, by Petitioner, Job Description of General Maintenance Foreman, Exhibit #4, by the Petitioner, Job Description of Maintenance Services Supervisor, Exhibit #5, by Petitioner, Job Specifications for Custodian Foreman, Exhibit #6, by Petitioner, Job Description for School Custodian III and IV, as a composite, Exhibit #7, by Petitioner, Maintenance Craft Foreman Job Description, as a composite, Exhibit #8, by Petitioner, Job Description of School Construction Inspection Supervisor, Exhibit #9, by Petitioner, Job Description of Construction Specifications Writer, Exhibit #10, by Petitioner, Job Description of School Construction Inspector, and Exhibit #11, by Petitioner, Job Description of Field Construction Inspector.
NOTE: The following stipulations and agreements were not entered into by the Intervenor, due to the fact that they were made prior to the intervention of February 23, 1976.
The parties stipulated and agreed that the Duval County School Board is a public employer within the meaning of Florida Statutes, Chapter 447. The parties stipulated and agreed that the Supervisors Association of Jacksonville, is an employee organization within the meaning of Florida Statutes, Chapter 447.
The question of the required showing of interest as set forth for the filing of representation election petitions by Florida Statutes, Chapter 447, was addressed by the introduction of Hearing Officer's Exhibit 3, which is the affidavit of compliance for required showing of interest prepared by the Commission, which was entered without objection. The question of the required showing that the employee organization is duly registered in accordance with the provisions of Florida Statutes, Chapter 447, was addressed by the introduction of Hearing Officer's Exhibit 4 which is the affidavit of registration prepared by the Commission, which was entered without objection.
No prior history of bargaining on the part of this proposed unit of employees was shown through the medium of the Petitioner, nor was there any evidence of a contractual bar to bargaining. There was testimony offered by Joe Considine, Business Manager of the Intervenor, concerning the negotiations between the Intervenor and the Public Employer, when the Intervenor was operating as Local #1048, AFSCME. From that testimony, it appears that some time in 1972 or 1973, Local #1048 had represented the position slots now referred to as Custodians III and IV. A resolution was enacted, which is referred to as Article 27, by which the Duval County School Board, effective 1973, was removed as a Public Employer, which changed the right of representation of those job positions. The function changed because those employees became managerial in the mind of the Public Employer, City of Jacksonville. The dues deduction was continued, through the checkoff system and certain Custodian III and IV's still paid dues to Local #1048. Because of the dues deduction, Local #1048 represented employees in that job class in grievance procedures.
Today the Duval County School Board does not allow formal negotiations by AFSCME in behalf of Custodians III and IV in a unit with subordinate employees, because these positions are deemed to be supervisory; however, they still allow the dues checkoff. There was some confusion on the question of
whether there was ever any full representation by Local #1048 of Custodians III and IV. Mr. Considine seemed to indicate the negative and Mr. Harlow, Business director, Planning, Programming and Scheduling, indicated that Local #1048 did represent Custodians III and IV fully for a short period. In addition there exists a representation petition which has been filed with the Commission as American Federation of State, County and Municipal Employees, Council 97, AFL- CIO, and Duval County School Board, Public Employer, numbered 8H-RC-763-0020.
This petition allegedly seeks to certify Council 97 as the bargaining agent for Custodians III and IV employed by the Duval County School Board.
The Organizational structure of the Duval County School Board is found in the Public Employer's Exhibits 1 - 4. These organizational charts show the overall organizational structure of the Duval County School Board, as well as the specific divisions of the Duval School Board, and show the several positions which are sought for unit recognition, some of which are marked in red color or by written identification. Within these divisions, a stipulation and agreement was entered into between the parties that Maintenance General Foremen, Maintenance Craft Foremen, the Supervisor of the Custodian Services, Area Custodian Foreman and Custodians III and IV have the same community of interests and can properly constitute a bargaining unit. However, the Petitioner would wish to include the balance of those persons indicated in its petition and the Public Employer is in opposition to their inclusion. The Intervenor wishes to represent Custodians III and IV.
The paramaters of the duties of the employees sought in the petition are found in the various exhibits which give the job description/specifications. Specifically, these exhibits are Public Employer's composite Exhibit #5, Public Employer's Exhibit #7 and Petitioner's Exhibit #1 - #11. The salary schedules and pay grades are found in Public Employer's composite Exhibit #6. Public Employer's Exhibit #6 indicates the schedule and pay grade for each of the job positions identified in the petition.
There is a Civil Service System in operation in the Duval County School System. This system contemplates the control over the hiring of and dismissal of employees within the Duval County School System. It sets forth a uniform technique for hiring and testing for further promotion within the system. In addition, it coordinates the disciplinary action taken against a respective employee through the Civil Service Board or the Duval County School Board. The initial step in the process of discipline involves the first line supervisor and concludes with the action of the Civil Service Board or the Duval County School Board. This system contemplates a formal grievance. Informal grievances are encouraged to be handled by the various levels of supervision within the system.
Public Employer's Exhibit #6 identifies the pay grades and steps for those personnel which are the subject of the petition. Schedule F, is the so called Exempt Employee Pay Plan, which under Article 27 of the City Charter of Jacksonville, Duval County, Florida meant that these personnel were considered to be managerial by the employer. The clerks and bookkeepers are under a salary schedule system identified as Schedule C. The Cafeteria Managers are under salary Schedule D. The system for identifying and paying the employees in the respective unit is a common one as shown by a key or code to the classification system found in Public Employer's Exhibit #6.
The job descriptions/specifications of the categories about which the Petitioner and Employer are in agreement can be found in the Petitioner's Exhibits #3 - #7. These categories would include the School Custodians III and
IV, which the Intervenor is interested in representing. No further specific discussion was made of the jobs performed by these personnel.
Turning to the testimony of the disputed areas, and considering them by order of presentation in the hearing, the first job position discussed was the Director of Plant Services. The current Director of Plant Services offered testimony. Mr. Andrews, the Director of Plant Services, stated that there are approximately 1200 employees working under his control and he in turn works under the Manager of Plant Services and the Associate Superintendent of the Facilities Division of the Duval County School Board. His job function includes, among other things, personnel transfers, recommended promotions and demotions, review and approval or dismissal of probationary employees, participation in disciplinary proceedings, counseling, and training. He is involved to a degree with the implementation of policy which would effect employees under his control. He is involved with the budget preparation to the extent of identifying the need of his section and making these needs known to the School Board, and working to make the necessary adjustments in the budget requirements. He feels that it would be inconsistent to be in the same unit as some of the subordinate supervisory personnel, since he is called upon to direct their work, to include personnel evaluation. The substance of his testimony is found in the transcript of the proceedings for December 8, 1975, at pages 82 - 151.
James K. Kelley, Supervisor of Maintenance, works under the Director of Plant Services. The duty of his department is to provide the general maintenance repairs of the school facilities and to do other maintenance type work. There are approximately 460 employees working under his control, and he is involved in the transfer, recommended promotions or demotions, other forms of discipline, training, counseling and job assignments of those personnel. He is directly involved in the policy making in the area of safety for the employees, together with other school board personnel. He has input in and advises in the budget area, which concerns his duty function. He believes there would be a possible conflict of interest were he in the proposed unit, along the same lines as identified by Mr. Andrews. Within his service function there are 17 different crafts including Carpenters, Air Conditioning Mechanics, Steam Fitters, Painters, Sheet Metal Workers, Roofers, Finishing, Line Repairmen, and Audio Visual Repairmen. The testimony of this witness is found in the transcript of proceedings of December 8, 1975, at pages 153 - 198.
Wilson McCulley, Manager of Custodial Services, works under the Director of Plant Services. His primary function is the direction of the employees in the service known as Custodial Services in the Duval County School System, to include personnel matters, inventory of tools and equipment, certain contracts and the training of the custodians. Again he would be involved with the probationary employees, counseling, establishing work schedules, employee safety, and annual leave, among other matters. He had a similar reaction to the problem of conflict of interest, by he as the manager of custodial services and formen who work directly under him being in the same bargaining unit. Testimony of this witness can be found in the transcript of proceedings of December 9, 1975, at pages 4 - 52.
Howard Harlow, the Maintenance Coordinator, Planning, Programming and Scheduling, took the stand. Mr. Harlow is in the chain of command under the Manager of Plant Services, but reports to the Director of Plant Services. His job entails the matters as found in the description, and in addition he fills in for the Director of Plant Services while that individual is on vacation. He has also acted in the capacity of Manager of Custodial Services and Supervisor of
Maintenance in the absence of those persons. He is the chief budget employee within the Facilities Division. He is also in charge of training and has had certain input in employee bargaining matters. He has some participation in the grievance process. He also testified at great length about his former association with the Petitioner's organization, as a director and the pit-falls that he felt would be in effect should he be included in a unit with subordinate supervisors. His testimony is found primarily in the transcript of the proceedings of December 9, 1975, at pages 56 - 133.
The Cafeteria Managers are assigned to the several schools within the Duval County School System. They have among their duties, bookkeeping, collection of the receipts for the meals, supervision of employees and the overall duty to see that the cafeterias operate at a profit. Certain of these cafeteria managers participated in a handbook which discusses the overall operation of the cafeterias within the system. Certain of the cafeteria managers have also participated in the preparation of menues for the school year. In addition, the cafeteria managers are the first step in a grievance proceeding for those employees who work for them. In the past, these Cafeteria Managers have met with a representative of the School Board on a "meet and confer" basis to consider their job classification and compensation. A number of the cafeteria managers who testified in the course of the hearing, also indicated a desire to have the Petitioner represent them as a bargaining agent. This liaison or coordination between the Petitioner and the cafeteria managers is pursuant to a recent development which occurred within the time frame of the hearing process. The testimony related to the Cafeteria Managers can be found in the transcript of proceedings of February 23, 1976, on pages 9 - 36, 39 - 57, 88 - 105, 107 - 114 and 117 - 126.
The clerks within the school system offered testimony through the person of the Area Director of School Clerks, school clerks of certain types, bookkeepers, and a school principal. The job duties of bookkeepers and clerks range from acting in the offices of the schools themselves as assistants to the principals, to helping with certain budget matters, to assisting in the library, to participating in the school equivalency program. Of the witnesses who testified, it was not clear that these personnel considered themselves as supervisors per se, although the job statement of School Clerks II and III seem to call for that duty. Some of the clerks and bookkeepers indicated a desire to participate in the Petitioner's unit. This desire to participate was on the basis of a research study which was done by a committee to determine which of the available unions it would desire to have represent the clerks and bookkeepers. It was decided that the Supervisors Association would be appropriate and there are over 200 clerks and bookkeepers who have joined the Supervisors Association. On the question of community of interest, the clerks and bookkeepers stated that they were not in the same locale, nor did they have the particular function of being a supervisor, but they were attracted to the Supervisors Association because it was a local organization which seemed to fit their needs more properly. The Public Employer is not opposed to a unit comprised of clerks and bookkeepers, but is opposed to having those personnel in a unit which also contains foreman type employees, such as those stipulated to in this petition.
The job description/specification of the aforementioned disputed areas can be found in Public Employer's Exhibit #5, Public Employer's Exhibit #7, Petitioner's Exhibit #1 and Petitioner's Exhibit #2.
Dr. Jim W. Ragans, Director of Classified Personnel for Duval County School Board, testified about the job positions known as School Construction
Inspection Supervisor, Construction Specification Writer, School Construction Inspector and Field Construction Inspector. The specifications/description of the function of these employees can be found in Petitioner's Exhibit #8 - #11, respectfully. All, of these personnel are felt by the Public Employer to be persons who assist management personnel in the performance of their duties and are thereby confidential employees. The salary classifications for these employees are found in Employer's Exhibit #6, Schedule F. Dr. Ragan's testimony is found in the transcript of proceedings for February 23, 1976, on pages 184 - 188.
Testimony in behalf of the Intervenor was made through Joseph W. Considine and is summarized in the initial stages of this analysis of the record. This testimony is found in the transcript of the proceedings of February 23, 1976, at pages 184 - 212.
DONE and ENTERED this 7th day of June, 1976, in Tallahassee, Florida.
CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
Curtis L. Mack, Chairman
Ben R. Patterson, Esquire 2007 Apalachee Parkway
