STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DISTRICT SCHOOL BOARD OF )

MADISON COUNTY, )

)

Respondent, )

)

vs. ) CASE NO. 76-444

) PERC NO. 8H-CA-764-1007

MADISON COUNTY EDUCATION )

ASSOCIATION, )

)

Charging Party. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, May 18, 1976 at 10:00 a.m. in the Courtroom of the Madison County Courthouse, Madison, Florida.

APPEARANCES

For District School Edwin B. Browning, Esquire Board of Madison Post Office Drawer 652 County: Madison, Florida 32340

For Public Employees R. T. Donelan, Jr., Esquire Relations Commission: 2003 Apalachee Parkway, Suite 300

Tallahassee, Florida 32301

For Public Employees Rod W. Smith, Esquire

Relations Commission: 2003 Apalachee Parkway, Suite 300

Tallahassee, Florida 32301

For Charging Party, Florise Whittemore, President

as Bargaining Agent: Madison County Education Association

Madison, Florida

For Charging Party: Tobias Simon, Esquire and (By brief only) Elizabeth deFresne, P.A.

208 West Pensacola Street Tallahassee, Florida 32304

ISSUE

Whether the refusal by the Respondent District School Board of Madison County to sign a contract prepared by a representative of the Madison County Education Association after a meeting of the Parties held for the purpose of reaching a collective bargaining agreement on November 18, 1975 was an unfair labor practice.

INTRODUCTION

A dispute as to the meaning and intent of a Motion by a member of the District School Board of Madison County arose after the Motion was voted on and passed and after a meeting on November 18, 1975 of the School Board and the Madison County Education Association.

The meeting had been called to discuss a special master's contract as a proposed collective bargaining agreement between the teachers and the school board. At the meeting, Eugene P. Bowie, a member of the District School Board of Madison County, moved to accept a contract submitted by the Special Master as modified by the Superintendent of Public Instruction with the following exceptions as shown by the minutes:

1. Article IV, Section 6: To be for ten days

2. Article V, Section D: To be at no charge

3. Article VI, Section E: Leave out

4. Article VI, Section F: Leave out

5. Article XVII: $500 increase in base pay for

each teacher

The dispute which is the subject of the Hearing concerns 5., supra, "Article XVII, $500 increase in base pay for each teacher."

The Charging Party, Madison County Education Association, contends that the exception meant the "$500 increase in base pay was for the fiscal year June 30 - July 1. The Respondent, District School Board of Madison County, contends the "$500 increase in base pay" was for the calendar year November 1 to November 1. If the intent was to increase for the fiscal year, teacher's pay for July, August, and September, 1975 would be increased by $150 per month; but if the intent was to increase for the calendar year, the teacher's pay increase would begin November 1, 1975.

CONTENTION OF PARTIES

1. The Madison County Education Association contends: that the District School Board of Madison County at its meeting November 18, 1975 with the Madison County Education Association came to a final agreement; that the agreement was to increase the salary of the teachers beginning June 30, 1975; that the agreement was ratified by the Madison County Education Association on November 25, 1975; that the District School Board of Madison County refused to sign the contract; that the failure to sign the contract was an unfair labor practice.

   
   

2. The District School Board of Madison County contends: that there was no agreement or contract at the meeting between the District School Board of Madison County and the Madison County Education Association at its meeting of November 18, 1975 inasmuch as there was no meeting of the minds of the members voting on the Motion which involved the pay raise for the teachers; that a majority of the members of the District School Board Of Madison County voted the pay raise believing the raise was to begin November 1, 1975 whereas the Board member making the Motion meant the increase to begin retroactively as of June 30, 1975; that the Motion could be interpreted both ways; that the Charging Party refused to sign the redrafted contract; that there is no unfair labor practice involved.

FINDINGS OF FACT

1. The Madison County Education Association was recognized by the District School Board of Madison County as exclusive bargaining agent for a unit of instructional employees of Madison County Schools on April 1, 1975. Formal negotiations for the purpose of reaching a collective bargaining agreement commenced on or about July 3, 1975.

   
   

2. An impasse was reached on or about August 1, 1975 and the controversy was submitted to a special master under Section 447.403, Florida Statutes.

   
   

3. A Special Master, Marvin A. Griffin, was appointed by Curtis L. Mack, Chairman, Public Employees Relations Commission, "to investigate the disagreement between the Madison County School Board and the Madison County Teachers Association." After a hearing on August 29, 1975 and September 12, 1975, Mr. Griffin filed a report dated September 26, 1975. He then offered to write a synthesized agreement and presented a draft of an agreement (hereinafter designated Contract 1) entitled "Agreement between Madison County Education Association and District School Board of Madison County, Madison, Florida, October 1, 1975."

   
   

4. The Superintendent of Public Instruction, Gene Stokes, formally rejected the Special Master's recommendations concerning a number of articles in the agreement and made recommendations on disputed items in the Special Master's report.

   
   

5. The District School Board of Madison County met with the Madison County Education Association and the School superintendent on November 13, 1975, at which meeting the School superintendent and the Teachers Association explained their positions. No final action was taken, and the item was tabled until November 18, 1975.

   
   

6. At the meeting on November 18, 1975, the proposed agreement of the Special Master was modified by the superintendent's recommendation and was further modified by a Motion of school board member Eugene P. Bowie to Article

   XVII. (TR. 44) The agreement as modified was not reduced to writing at the meeting on November 18, 1975.

   
   

7. The President of the Teachers Association, Florise Whittemore, used the special Master's agreement and her notes and reduced the agreement to writing (hereinafter called Contract 2 ), as she had understood the agreement. After the agreement was typed, it was presented to the teachers on November 25, 1976 and ratified by them.

   
   

8. The pertinent portion of the official minutes of District School Board of Madison County adopted at its regular meeting, December 1975, reads: "Article XVII, $500 increase in base pay for each teacher."

   
   

9. An unsigned copy of the contract prepared by Mrs. Whittemore was delivered to school Board Member Pickles through his daughter. A copy was also delivered to Mr. Bowie in person. A signed copy was delivered in December to the Chairman of the School Board and the negotiator Lloyd Day.

   
   

10. Upon presentation of the contract agreement as drafted by the Madison County Education Association, member Albert W. Waldrep refused to sign the contract contending that the interpretation as shown in the teachers contract of the Motion by School Board member Bowie was in error. Member Bowie meant by his Motion that the raise should be from June 30, 1975 and Member Albert W. Waldrep understood that Member Bowie's Motion meant from November 1, 1975. Respondent

    then instructed its attorney to redraft the provisions of the contract pertaining to salary and said redraft (hereinafter called Contract 3) was adopted by the Respondent and signed by Chairman C. W. Pickles and attested to by Gene Stokes, Superintendent.

    
    

11. The Charging Party refused to accept Contract 3 as redrafted by Respondent. The Charging Party thereafter filed an unfair labor charge which resulted in a formal Complaint and Notice of Hearing being issued by Public Employees Relations Commission on April 21, 1976.

    
    

    The Hearing Officer further finds:

    
    

12. The Motion by Member Bowie relative to the dispute in this cause was voice recorded "Here I recommend a $500 raise per year for each teacher." It was amended by Member Pickles and concurred in by Mr. Bowie to state "base pay" and then seconded by Mr. Pickles.

    
    

13. There was no mention of what date the raise was to be effective.

    There was no discussion of "retroactive pay" or "bonus pay", although the pay increase as intended by Member Bowie would have involved an increase of $150 per month for each of the three months of July, August and September.

    
    

14. Member Bowie, cognizant of Contract 1 and prior negotiations, meant the raise to begin June 30, 1975. His Motion was intended to encompass Contract

    1 as submitted by the Special Master and recommended by Superintendent Stokes.

    
    

15. Mr. Waldrep, cognizant of the prohibition against retroactive pay and the shortage of funds, believed that he voted for a raise beginning November 1, 1975. Teacher salary checks for July, August and September, 1975, had been cut prior to the November 1975 Meeting.

    
    

16. The words of the Motion "Here I recommend $500 raise per year for each teacher" together with the amendment or clarification "base pay" does not speak to the point in controversy and is consistent with either an interpretation to mean "fiscal year" or "calendar year."

    
    

17. The contract as rewritten, typed and submitted to the members of the School Board [designated Contract 2] was the understanding of the Madison County Education Association of an agreement reached by the Parties at the November 18, 1975 meeting.

    
    

18. The contract as rewritten, typed and submitted to the teachers [designated Contract 3] was the understanding of a majority of the five-member District School Board of Madison County of an agreement reached by the Parties at the November 18, 1975 meeting.

    
    

19. There was no final agreement between the Parties as to the disputed salary increase effective date. After the November 18, 1975 meeting, Contract 2 was written by the Charging Party without the aid of the Respondent. It reflected an interpretation of the Motion most favorable to Charging Party's financial interests. After the November 18, 1975 meeting, Contract 3 was written by the Respondent without the aid of the Charging Party. It reflected an interpretation of the Motion most favorable to Respondent's financial interests.

    
    

20. The facts of the cause do not reflect an unfair labor practice under Section 447.501, F.S., for the reason that the refusal by the parties to sign

    either Contract II or Contract III was based on the fact that no final agreement had been reached on the disputed issues at the collective bargaining meeting of November 18, 1975.

    
    

    CONCLUSIONS OF LAW

    
    

21. Collective Bargaining is defined as:

    
    

    Section 447.203 Definition.- (14) "Collective bargaining" means the performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times to negotiate in good faith, and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this part."

    
    

    Collective Bargaining; approval or rejection.- Section 447.309 (1) "After an employee organization has been certified pursuant to the provision of this part, the bargaining agent for the organization and the chief executive officer of the appropriate public employer or employers jointly shall bargain collectively in the determination of the wages, hours and terms and conditions of employment of the public employees within

    the bargaining unit. The chief executive officer or his representative and the bargaining agent or its representative, shall meet at reasonable times and bargain in good faith. In conducting negotiations with the bargaining agent, the chief executive officer or his representative shall consult with,

    and attempt to represent the views of, the legislative body of the public employer. Any collective bargaining agreement reached by the negotiators shall be reduced to writing, and such agreement shall be signed by the chief executive officer and the bargaining agent. Any agreement signed by the chief executive officer and the bargaining agent shall not be binding on the public employer until such agreement has been ratified at a regularly scheduled meeting of the public employer and by public employees who are members of the bargaining unit, subject to the provisions of subsections (2) and (3)."

    
    

    Unfair Labor Practices.- Section 447.501(1)(a) "Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part.

    (c) Refusing to bargain collectively, failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit."

    
    

22. It is evident from the facts of this cause presented at the Administrative Hearing by evidence, by testimony and from the tape recording of the proceedings at the collective bargaining meeting of November 18, 1975 that there was no unfair labor practice or violation of Chapter 447, Florida Statutes.

    
    

23. The parties proceeded according to requirements of Chapter 447, F.S. and there was no failure to "negotiate in good faith." The failure of the Parties was to reach an agreement "concerning the terms and conditions of employment" regarding the date the increase in pay duly voted should begin. The fact that no agreement on that point had been reached was later recognized when the Charging Party submitted its version of the "agreements reached" to the Respondent. The Respondent then submitted its version of the "agreements reached." There were no discussions by either party in the determination of the time the wage increase would begin.

    
    

24. The evidence and testimony as to whether there was a "final agreement" the Respondent refused to sign, or a "final agreement" the bargaining agent refused to sign was presented at the Administrative Hearing. Testimony of the Parties showed that there was no meeting of the minds of a majority of the School Board members and the representative of the Charging Party. The tape recording of the meeting showed that the Motion pertaining to the salary increase was indefinite inasmuch as no date was mentioned as to when such increase should begin. The written minutes also failed to show the effective date. The written contracts submitted by each of the Parties showed an effective date most favorable to its own position. The words as used in the Motion are subject to two interpretations but neither "fiscal year" nor "calendar year" or any date was mentioned. Thus, there was no refusal by either party "to sign a final agreement agreed upon" by the parties. There was no collective bargaining agreement reached by the negotiators and reduced to writing to be signed by the Chief Executive Officer and the Bargaining Agent. Therefore, there was no unfair labor practice prohibited by Chapter 447, F.S.

RECOMMENDATIONS

Dismiss the complaint.

DONE and ENTERED this 15th day of October, 1976, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Mr. Leonard Carson, Chairman

Public Employees Relations Commission Suite 300, 2003 Apalachee Parkway

Tallahassee, Florida 32301

Edwin B. Browning, Esquire Post Office Drawer 652 Madison, Florida 32340

R. T. Donelan, Jr., Esquire 2003 Apalachee Parkway Suite 300

Tallahassee, Florida 32301

Rod W. Smith, Esquire 2003 Apalachee Parkway

Suite 300

Tallahassee, Florida 32301

Florise Whittemore, President Madison County Education Association Madison, Florida

Tobias Simon, Esquire and

Elizabeth deFresne, Esquire

208 West Pensacola Street Tallahassee, Florida 32304

Docket for Case No: 76-000444

Orders for Case No: 76-000444