vs. ) CASE NO. 76-449
The Public Employer called the following witnesses: Dennis Ross, the Assistant County Administrator, and Chairman of the Public Employer's Collective Bargaining Committee; Clair Sherman, Senior Personnel Assistant of the Civil Service Board in Hillsborough County, Florida; Richard L. Ake, a Deputy Clerk of the Circuit Court in Hillsborough County, Florida, and exofficio Clerk of the Board of County Commissioners; David Long, the President of the Petitioner; and Ed Prata, the Director of Organizing for the Intervenor. The Petitioner recalled Dennis Ross as its only witness. Hearing Officer's Exhibits 1 - 12, and Public Employer's Exhibits 1 - 13 were offered into evidence at the hearing and were received. The parties were invited to file Legal Memoranda and a Proposed Hearing Officer's Report. The Public Employer, and the Intervenor have filed Memoranda.
The Petitioner filed its original petition with PERC on February 12, 1976. (Hearing Officer's Exhibit #1). An amended petition which includes attachments describing a proposed collective bargaining unit by reference to job descriptions was subsequently filed. (Hearing Officer's Exhibit #2). The Intervenor filed its Motion to Intervene with PERC on February 19, 1976. (Hearing Officer's Exhibit #6). The Motion to Intervene was granted by order entered April 19, 1976. (Hearing Officer's Exhibit #7).
The final hearing was scheduled to be conducted on May 6, 1976, by Notice dated April 21, 1976. (Hearing Officer's Exhibit #3).
The Hillsborough County Board of County Commissioners is a public employer within the meaning of Florida Statutes s447.002(2). (Stipulation, Transcript page 7 1/ )
The Petitioner is an Employee Organization within the meaning of Florida Statutes 447.002(10). (Stipulation, TR 8).
Intervenor is an Employee Organization within the meaning of Florida Statutes s447.002(10). (Stipulation, TR 8).
There is no contract bar to holding an election in this case. (Stipulation, TR 9).
PERC has previously determined that the Petitioner is a duly registered Employee Organization. (Hearing Officer's Exhibit #4). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.
PERC has previously determined that the Petitioner filed the requisite showing of interest with its petition. (Hearing Officer's Exhibit #5). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.
PERC has previously determined that the Intervenor is a duly registered Employee Organization. (Hearing Officer's Exhibit #8). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.
PERC has previously determined that the Intervenor filed the requisite showing of interest with its petition for intervention. (Hearing Officer's Exhibit #9). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.
The parties stipulated that those employees who hold the positions or job titles listed in the "raw data" section of Public Employer's Exhibit #1 with the letter designation "M", "C", "P", or "T" to the left of the job title should be excluded from any collective bargaining unit ultimately certified by PERC. The "raw data" section of Public Employer's Exhibit #1 includes a listing of all job titles under the Public Employer.
The organizational structure of the Public Employer is accurately depicted in an organizational chart which was received in evidence as Public Employer's Exhibit #3. The Board of County Commissioners is the Public Employer's legislative body. The County Administrator is the Chief Executive Officer. The Public Employer is organized under the county administrator form of government. This structure was adopted in April, 1974. The seven major division heads answer directly to the County Administrator. There are 128 employees in the office of the County Administrator. Approximately half of the employees could be classified as "blue collar", and half as "white collar".
A civil service system has been established in Hillsborough County. The system has the comprehensive responsibility for employee benefits and terms and conditions of employment. The system provides a uniform personnel system for all units of government in Hillsborough County, including the Public Employer in this case, the Airport Authority, the Hospital Authority, the Sheriff's Department, and others. Employees of each of these units of government participate in the same civil service system, and transfers from one
unit to another occur without any loss of seniority and with aid benefits being retained. The act creating the civil service system and the rules of the civil service system were received in evidence at the hearing respectively as Public Employer's Exhibits #4 and #5. Transfers of employees among the various divisions of the Public Employer are common and under the civil service system all benefits including seniority rights are retained. The County Commission has the authority to overrule action taken by the civil service board, but that authority is rarely exercised. The civil service board would not have the authority to grant an across-the-board raise to employees covered by the system without approval of the Board of County Commissioners. The civil service board could, however, uplift a given classification without such approval.
Job descriptions are prepared by personnel of the civil service board. All established positions of the Public Employer are classified by the Board. The job classifications and descriptions were received in evidence at the hearing as Public Employer's Exhibit #2. Reclassification is an ongoing process. In order to classify a position, the civil service board initially makes a study to determine what the employee does. The employee and his supervisor are interviewed. The job descriptions accurately reflect the qualifications, duties, and responsibilities of persons employed by the Public Employer.
Both "blue collar" and "white collar" employees are covered by the civil service system. Terms and conditions of employment are established uniformly under this system. In recent history salary increases for employees of the Public Employer have been given on an across-the-board basis. Increases or changes in leave time, and vacation time, have similarly been acted upon on an across-the-board basis. It is difficult to determine whether some employees are "white collar" or "blue collar". For example, a Storekeeper II (classification number 0722) might be considered either white collar or blue collar. The civil service system has paygrades 10 - 37. Both blue collar and white collar employees might fall within these pay grades.
Blue collar and white collar employees do not perform the same job tasks. There is some interchange of work among blue collar employees. When necessary a blue collar employee will perform the job tasks of another blue collar employee.
There are a variety of persons employed by the Public Employer whose salaries are paid under various federally funded programs. There are a variety of grants with separate rules and regulations governing these employees. Federally funded employees are not classified under the civil service system. The salaries of such employees are determined by the Public Employer with the recommendation of the appropriate federal agency. Typically the pay rates are squared with the civil service equivalent, but this is frequently not possible either because of a lack of funding, or because of applicable federal regulations. Termination or disciplinary procedures for employees under federally funded programs are frequently set by federal regulation.
Petitioner and the Public Employer have engaged in collective bargaining in the past. The bargaining unit used in past collective bargaining has included both blue collar and white collar employees. It appears, however, that this sort of unit was not a subject of active negotiation between the parties.
ENTERED this 2nd day of July, 1976, in Tallahassee, Florida.
G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
1/ References to pages in the official transcript will hereafter be designated "TR" followed by the page number.
Mr. Duke Schultz Ambassador Building Suite 123
Mr. Ed Prata
Rudy G. La Russa, Esquire Office of the County Attorney Hillsborough County
P.O. Box 1110
