STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

COMMUNICATIONS WORKERS OF ) AMERICA, )

)

Petitioner, )

and, )

)

ST. LUCIE COUNTY SCHOOL BUS ) CASE NO. 76-021

DRIVERS ASSOCIATION, INC., ) PERC CASE NO. 8H-RC-754-2248

)

Intervenor, )

)

vs. )

)

ST. LUCIE SCHOOL BOARD, )

)

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 in the above styled cause on March 10, 1976 at Ft. Pierce, Florida.

APPEARANCES

For Public Employer: Frank H. Fee III, Esquire

Post Office Box 1000

121 Orange Avenue Ft. Pierce, Florida

For Petitioner: Edward D. Seawell, Esquire

1000 Woodcock Road, Suite 154

Orlando, Florida 32803

For Intervenor: Serena McKay, Esquire

304 South 30th Street Ft. Pierce, Florida

SUMMARY OF PROCEEDINGS

1. At the commencement of the hearing Exhibit 1, the petition of the Communication Workers of America; Exhibit 2, the Affidavit of Compliance of Registration of Employee Organization of the Communication Workers of America, and Exhibit 3, the petition of the St. Lucie County School Bus Drivers Association, Inc. were admitted into evidence. Thereafter the Petitioner (CWA) submitted additional signature cards to the hearing officer. Upon checking these cards the hearing officer determined that the Petitioner had demonstrated the required showing of interest.

2. The parties stipulated that the Petitioner and the Intervenor are Employee Organizations and that the School Board is a Public Employer, all as defined in Chapter 447, Florida Statutes. The School Board further stipulated that the CWA petitioned for recognition and that the Public Employer refused to grant recognition until certified by PERC. It was further stipulated that the Intervenor had petitioned for recognition by the Public Employer and that recognition had been granted by the School Board.

   
   

3. The position of the CWA is as shown on Exhibit 1 wherein they consider the appropriate bargaining unit to consist of all blue collar workers. They would exclude secretarial, confidential, and managerial employees. The position of the Intervenor is that the appropriate unit would include only the 82 regular school bus drivers. The position of the school board is that two bargaining units would be appropriate, one consisting of the school bus drivers, and a second bargaining unit comprised of blue collar workers. Excluded positions would be cafeteria managers, head custodians, chief supervisor of custodians, director of school food services, director of maintenance, director of transportation, maintenance foreman, warehouse foreman, property records clerk and chief mechanic. Thereafter the Petitioner, CWA, stipulated that the supervisor of custodians, the director of school food services, the director of maintenance, the director of transportation, and the property records clerk be excluded from the appropriate bargaining unit. This left positions in dispute to consist of the bus drivers, the chief mechanic, the cafeteria managers, head custodians, warehouse foreman, and maintenance foreman. One witness testified in behalf of the school bus drivers, and one witness testified in behalf of the school board.

   
   

4. Exhibit 4, the Statement of the St. Lucie County School Bus Drivers Association, Inc., was adopted as the testimony of the Intervenor. The school bus drivers are different from other non-instructional personnel employed by the St. Lucie County School Board in that they do not receive any paid vacations, holidays, or unemployment compensation when off work. Their salary is determined according to a salary schedule set up by the school board, but they are paid on an hourly basis. Total salary received varies, depending upon the routes they drive and the hours they work. The school bus drivers association has been in existence for several years, and the School Board has, on a voluntary basis, negotiated with a committee of this association for the past 7 or 8 years with regard to wages and working conditions.

   
   

5. The various job positions that the school board desires for exclusion from the bargaining unit are all supervisory employees. They all are paid on a monthly salary basis and not on an hourly basis. The same fringe benefits are available to all workers who work a 12-months period in that they all obtain paid holidays and vacations. The school board stipulated that the only one having statutory authority to suspend employees is the superintendent and that all employees hired or fired must be with the approval of the school board. All of the disputed positions file efficiency reports on the employees assigned under them which number varies from approximately 5 to 20. The larger groups consist of the custodial and cafeteria personnel at the largest school. The cafeteria manager, as well as the other positions herein in dispute, has the power to recommend rejection of an employee who is sent to him for employment; however, this rejection is not always followed by the school board. The cafeteria manager establishes working conditions in the cafeterias subject to the central office setting the maximum hours that may be worked. However, the manager of the cafeteria can assign the personnel to the various jobs as he sees fit. He has the power to make effective recommendations for firing personnel and he has the authority to give oral and written reprimands to personnel

   working under him. These written reprimands are included in the worker's personnel file and are considered by the board in considering the individual for promotion. Supervisory personnel's recommendations on disciplinary action are almost invariably carried out. The personnel director of the St. Lucie County School System, who has been employed in this position for approximately 8 years, did not recall a single instance when one of the positions in dispute made a recommendation for disciplinary action against one working under him that some disciplinary action was not taken. These positions, like the cafeteria manager, have no specific duties that are not assigned to one of their employees. In an emergency, or when the situation requires, the cafeteria manager, as well as the head mechanic or others in these disputed categories will assist their personnel in performing the job that needs to be done.

   
   

6. The warehouse foreman is in charge of the warehouse and

   is responsible for receiving and disbursing all supplies and materials. He maintains the inventory records in the warehouse and reports directly to the director of maintenance. He has complete authority in the warehouse which includes the determination of where materials will be stowed and the manner in which they will be withdrawn from the warehouse.

   
   

7. If, for example, the head custodian recommends that one of the employees under his jurisdiction be dismissed, he would make such a recommendation to the director of custodians. That individual may interview the employee to determine that a basis exists for the dismissal action; and, upon his approval of the recommended dismissal, the superintendent would then approve it without confronting the individual and the school board would also approve without ever seeing the individual recommended for dismissal.

   
   

8. All of the personnel in the disputed categories have the same basic authority with respect to the people who work under them as stated above with respect to particular individuals. Most promotions of the non-instructional personnel come from within the school system. When a vacancy occurs in one department the other departments are circulated for applicants for the opening. The recommendations of their supervisors as well as the efficiency reports which these same supervisors have submitted on these individuals are given great weight in determining which applicant will be selected for the vacancy.

   
   

9. From the foregoing it would appear appropriate to have elections for two separate bargaining units. In one election the bus drivers should be allowed to vote to determine whether they desire to be represented by the St. Lucie County Bus Driver's Association or the CWA, or no union. The other election for all other employees in the appropriate bargaining unit would be to vote for representation by the CWA or no union.

DONE and ENTERED this 7th day of April, 1976 in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Frank H. Fee III, Esquire Edward D. Seawell, Esquire Serena McKay, Esquire

Docket for Case No: 76-000021

Orders for Case No: 76-000021