STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

POLICEMEN'S BENEVOLENT )

ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-661

) PERC NO. 8H-RC-766-2035 MALCOLM E. BEARD, SHERIFF OF )

HILLSBOROUGH COUNTY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the subject cause came on for hearing before the Division of Administrative Hearings' duly designated hearing officer, James E. Bradwell, in Tampa, Florida, on June 7, 1976.

APPEARANCES

For Petitioner: Donald D. Slesnick, II, Esquire

2540 Northwest 27th Avenue Miami, Florida 33412

Jointly Appearing Walter O. Lambeth, Jr., Esquire on behalf of the Swift, Currie, McGhee & Hiers Public Employer: 771 Spring Street Northwest

Atlanta, Georgia 30308

Jack M. Skelding, Jr., Esquire Madigan, Parker, Gatlin,

Truett & Swedmark Post Office Box 669

Tallahassee, Florida 32302

and

James E. Thompson, Esquire Fowler, White, Gillen, Boggs,

Villareal and Banker, P.A. Post Office Box 1438

Tampa, Florida 33601

On or about March 22, Petitioner filed an RC petition seeking a unit described as all sworn deputy sheriffs to include the ranks of deputy sheriff and sergeants excluding all other Employees. According to Petitioner, the approximate number of employees claimed to by appropriate in the above described unit is approximately 200 employees which was supported by approximately 64 signed authorization cards. The petition was offered for a minority union as per Florida Statutes 447.307(2). Thereafter on April 13, the matter was forwarded to the Division of Administrative Hearings for Hearing pursuant to

Section 447.307(3), F. S., and Section 8H-3.17 and 8H-3.18 of the Commission's Rules and Regulations.

Attached to the notice of hearing was a notice to the parties that the following issues would be considered in said hearing:

1. Whether the Respondent is a Public Employer within the meaning of Florida Statutes, Chapter 447.

   
   

2. Whether the Petitioner is an employee organization within the meaning of Florida Statutes, Chapter 447.

   
   

3. Whether there is a sufficient showing of interest as required for the filing of a representation election petition under Florida Statutes, Chapter 447.

   
   

4. Whether the employee organization is a properly registered organization within the rules and regulation of the Public Employees Relations commission.

   
   

5. What is the appropriate unit of public employees in the cause before the Public Employees Relations Commission.

   
   

6. At the outset of the hearing, the Employer filed a motion to dismiss the petition with the undersigned, a copy of which was served to counsel for Petitioner stating initially that no request for recognition was made upon the sheriff under Section 447.307(1) or (2) and that the petition had not been accompanied by dated statements signed by at least 307, of the employees in the proposed bargaining unit in accordance with Section 447.307(7)(2), F. S. In addition to the above, the Employer makes the contention that the sheriff of Hillsborough County is not a public employer as defined in Section 447.203, Florida Statutes, and that deputy sheriffs in the Hillsborough County Sheriff's office are not public employees. The undersigned denied the motion to dismiss with the notation to the parties and an indication in the record that while the motions were being denied, they would be and are being submitted to PERC for final determination. It was also pointed out that the motions were presently pending with PERC without any action having been taken thereon. The parties stipulated that the Petitioner is an employee organization within the meaning of Chapter 447, Florida Statutes. During the course of the hearing, the Public Employer refused to stipulate that the Petitioner is properly registered within the meaning of PERC Rules and Regulations. However, Employer's counsel indicated that they had no evidence to refute PERC's administrative determination that Petitioner was properly registered or that the petition was not accompanied by the requisite showing of interest. However, the Employer takes the position that the only appropriate unit would be one comprised of all sworn deputy sheriffs of the rank of sergeant and below and sheriffs in the inspectional services division, the administrative division, the crime division, the Final investigation division, the uniform division and the county prison system. That would comprise a complement of approximately 520 employees. Petitioner, of course, takes the position that the unit as petitioned for is an appropriate unit and that based on the "lack of continuity of interest between the various job descriptions which the Employer advanced, the lack of interchangeability between the jobs and the fact that the term "sworn deputy" has been used, that there is a difference between a sworn correctional officer or deputy sheriff, and a sworn deputy sheriff or sergeant who is on road patrol. Petitioner takes the position that these additional classifications are correctional people and are not appropriate in view of other traditional law

   enforcement and sworn units that PERC has certified as appropriate within the state.

   
   

7. The Hillsborough County Sheriff's Department is departmentalized into the following divisions: the county prison system, the uniform division, the crime investigation division, the crime prevention division and the administrative division. There are approximately 165 deputies and 17 sergeants assigned to the uniform division. Included within the uniform division is a patrol bureau with deputies assigned to protect the lives and property of citizens of Hillsborough County assigned to various zones. They are assigned an automobile and answer complaint calls. Included in that division are approximately 8 K-9 corps with the rank of deputy. Also included is a "selective enforcement unit" consisting of approximately 8 sworn deputies which take the same oath as other deputies (see Petitioner's Exhibit no. 7 that is received and made a part hereof by reference.) They carry the same certificate of appointment as other deputies and wear the same uniform. Occasionally, the selective service unit personnel wear civilian clothes. They are assigned to high crime areas where they are sometimes used to form stakeouts for convenience stores, banks and sometimes work with the FBI in surveillance work. There is also a support services bureau within the uniform division and consists of approximately 20 deputies and 4 sergeants in the communication section. Their normal job function is to answer citizen's complaint calls and to assign calls to dispatchers who put calls on digital or voice recording and send them to patrolmen assigned to the various zones. They receive the same training; wear the same uniform and are required to qualify like all other deputies in weapons and all other areas. They are required to meet all standards under the police standards board. They are authorized to make arrests and are sworn with the same oath of office as are other officers.

   
   

8. There are two deputies assigned to the support services bureau who are helicopter pilots. The section is designated the aerial section which falls under the support services bureau. They too are sworn with the same oath and carry the same certificate card, wearing green silkish flight suits. They carry weapons and are required to qualify and be certified under the police minimum standards board. They too are authorized to make arrests and to lend assistance to other personnel under the support services bureau.

   
   

9. There are approximately 41 deputies and 3 sergeants assigned to the central booking section of the county prison system; 21 deputies and 4 sergeants are assigned to the county prison camp section; approximately 47 corrections officers and 9 deputies are transportation officers; 6 sergeants are assigned to the county jail section of the county prison system; approximately 51 deputies and 7 sergeants are assigned to the city stockade section of the county prison system.

   
   

10. Approximately 19 deputies and 3 sergeants are assigned to the inspectional services division. They all carry the same certificate of appointment, weapons, and are required to certify annually with the minimum standards of the police standards board. They are authorized to make arrests and wear plain clothing.

    
    

11. Approximately 20 deputies and 3 sergeants are assigned as process servers to the civil bureau of the administrative division and as the record reflects, they deliver civil process for Hillsborough County. They take the same sworn oath as appears on Petitioner's Exhibit no. 7. They too carry the same certificate of appointment, weapons and are not certified by the police minimum standards. They are authorized to make arrests.

12. There are approximately 9 deputies and one sergeant assigned to the warrant section of the criminal investigation division. They serve in the warrant section which covers fugitives and issue warrants for their return.

    They are assigned to the general assignment bureau where there is a sergeant who they report to. There are approximately 36 deputies assigned as bailiffs to the administrative division. Approximately one sergeant and 5 deputy sheriffs are assigned as crime scene investigators to the records and identification bureau of the criminal investigation division. They are identification technicians, they carry the same certificate of commission, carry weapons and are required to qualify annually on the police minimum standards board. They are authorized to make arrests and wear civilian clothing. Approximately 5 deputy sheriffs are assigned as auto mechanics or automotive equipment specialists in the automotive services bureau under the administrative division. They carry the same commission cards and take the same oath as other sworn personnel. They wear forest green cotton trousers, a forest green shirt with an insignia "Deputy Sheriff, Hillsborough County." The record revealed that all deputy sheriffs are subject to the same civil service program including promotional opportunities, hiring practices, performance ratings, layoff, discharge and appeal procedures. They all participate in the same "high hazard" or "special risk" retirement program which provides for earlier retirement and better benefits, while civilian employees of the sheriff department have a "regular" retirement program. They are all covered by the same general liability insurance policy.

    Evidence also revealed that they receive the same employee benefits including vacation privileges, sick leave, holidays, group medical insurance, personnel leaves of absence, funeral and military leave. They are all paid under the same general wage administration plan. Deputies and detectives, assigned to the crime prevention division, the county prison system and the selective enforcement unit of the uniform division and criminal process servers work four ten hour days and one eight hour day per week. Deputies assigned to the uniform division, with the exception of the selective service unit, work fours twelve hour days per week. Bailiffs work five eight hour days per week while civil process servers work six eight hour days.

    
    

13. As of July 1976, all deputies classified as correctional officers assigned to the county prison system were required to meet the correctional officers minimum standards requirements.

    
    

14. The record reveals that during the period of January, 1973 through May, 1976, there were 77 transfers of deputy sheriff detectives across divisional lines and 34 transfers from the county prison system. There were 12 transfers of deputies from the county prison system to the office of the sheriff other than the uniform division and one deputy who transferred from another division to the county prison system. A total of 57 transfers occurred between the county prison system and other divisions of the sheriff's office. The evidence also reveals that all deputy sheriffs classified as detectives were previously in the uniform division as patrolmen. There is a procedure whereby sheriffs are permitted to interchange under a general transfer policy under the same civil service procedures.

    
    

15. The approximate total number of deputies in the above described unit consist of approximately 548 employees. As stated, the Public Employer contends that a unit composed of only those deputies assigned to the uniform division of the Hillsborough County Sheriff's Department would result in potential excessive fragmentation of bargaining units. The Public Employer contends further that a unit consisting of only those deputies assigned to the uniform division could result in a potential great number of employee organizations with which the

Employer might have to negotiate and would serve to weaken the ability of the sheriff and his deputies to meet their joint responsibility to represent the public. Therefore the Public Employer contends that the only appropriate unit is that which is set forth at the outset of this hearing officer's report.

In accordance with PERC rule 8H-3.23 the Report is being transferred to the Commission without any recommendations.

DONE and ENTERED this 5th day of October, 1976.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Walter O. Lambeth, Jr., Esquire Leonard Carson, Chairman Swift, Currie, McGhee & Hiers Public Employees Relations 771 Spring Street Northwest Commission

Atlanta, Georgia 30308 Suite 300

2003 Apalachee Parkway

Tallahassee, Florida 32301

Jack M. Skelding, Jr., Esquire

Madigan, Parker, Gatlin, Truett & Swedmark Post Office Box 669

Tallahassee, Florida 32302

James E. Thompson, Esquire

Fowler, White, Gillen, Boggs, Villareal and Banker, P.A.

Post Office Box 1438 Tallahassee, Florida 33601

Donald D. Slesnick, II, Esquire 2440 Northwest 29th Avenue Miami, Florida 33412

Docket for Case No: 76-000661

Orders for Case No: 76-000661