PUBLIC EMPLOYEES RELATIONS COMMISSION

CASE NO. SM-2002-002

 

FLORIDA BOARD OF EDUCATION

AND

AMERICAN FEDERATION OF STATE, COUNTY,

AND MUNICIPAL EMPLOYEES, COUNCIL 79

 

 

 

 

 

 

DATE OF HEARING

MARCH 1, 2002

DATE OF RECOMMENDATION

MARCH 11, 2002

LOUIS M. THOMSON, JR.

SPECIAL MASTER

 

 

 

 

 

 

 

 

 

 

 

 

THE SPECIAL MASTER HEARING IN THIS MATTER WAS HELD ON FRIDAY, MARCH 1, 2002 BEGINNING AT 9:30 A.M. AT THE FLORIDA BOARD OF EDUCATION (TURLINGTON BUILDING), 325 W. GAINES STREET, TALLAHASSEE, FLORIDA 32306, IN A 14TH FLOOR CONFERENCE ROOM BEFORE SPECIAL MASTER LOUIS M. THOMSON, JR.

IN ATTENDANCE:

FOR THE BOARD OF EDUCATION -

LEONARD T. HELFAND, ESQ.

DEBORAH GALLAY

GLORIA BARAGONA

LESA CROSBEY-HADEY

ROBERT W. HENLEY

FOR AFSCME, COUNCIL 79 –

CURT OSTRANDER

DEBORAH RYAN

JEANETTE D. WYNN

AT THE REQUEST OF THE PARTIES, THE WITNESSES WERE SWORN.

 

 

 

 

 

 

FLORIDA BOARD OF EDUCATION EXHIBITS

  1. COPY OF "GOVERNMENTAL PRIORITIES – EDUCATION"
  2. COPY OF "ESTIMATED COST OF 1.0% ACROSS THE BOARD INCREASE, A&P, AND USPS SUS SUMMARY, 2002-2003"
  3. COPIES OF CORRESPONDENCE BETWEEN R. HENLEY, CURT OSTRANDER, ET AL CONCERNING NEGOTIATIONS.
  4. COPY OF STATE’S "FINANCIAL OUTLOOK STATEMENT, DATED 13-DEC-2001.
  5. COPY OF STATE UNIVERSITY SYSTEM OF FLORIDA 2002-2003 LEGISLATIVE BUDGET REQUEST.
  6. COPY OF FLORIDA ECONOMIC BULLETIN FOR WINTER 2002.
  7. COPY OF FLORIDA ECONOMIC BULLETIN FOR WINTER 2002, SPECIAL EDITION DECEMEBER 2001.
  8. COPY OF DR. JAMES J. SHERMAN’S SPECIAL MASTER RECOMMENDATION IN SM20001-037.
  9. COPY OF FSU/LEON COUNTY SCHOOL WAGE COMPARISONS.

AFSCME EXHIBITS

  1. COPY OF DECEMBER 21, 2001 FBOE WAGE PROPOSAL.
  2. COPY OF PRESENT COLLECTIVE BARGAINING AGREEMENT.
  3. AFSCME RESPONSE TO FBOE DECEMBER 21, 2001 PROPOSAL.
  4. FBOE RESPONSE TO AFSCME JANUARY 4, 2002 REQUESTS.
  5. COPY OF CHAPTER 447.
  6. COPY OF CBA BETWEEN THE PARTIES FOR 1999-2002 AND UNION PACKAGE PROPOSAL DATED 12/18/01.
  7. COPY OF FY 00-01 REPORT.
  8. COPY OF CLEAR FOCUS.
  9. COPY OF CHAPTER 447.
  10. COPY OF CBA BETWEEN BOARD OF REGENTS AND AFSCME 1999-2002.
  11. COPY OF MASTER CONTRACT BETWEEN THE STATE OF FLORIDA AND AFSCME, JULY 1, 1998 – JUNE 30, 2001.
  12. COPY OF CLASS CODE AND CLASS TITLE COMPARISON BETWEEN STATE OF FLORIDA AND FLORIDA BOARD OF EDUCATION.
  13. COPY OF 2000 STATE OF FLORIDA CAREER SERVICE SALARY SURVEY.
  14. COPY OF 3.0 SALARY SURVEY RESULTS.
  15. COPY OF SALARY COMPARISONS IN CONJUNCTION WITH SECTION 447.405(2)
  16. COPY OF VARIOUS CLASS CODES.
  17. COPIES OF USPS PAY RANGES.
  18. COPY OF STATE OF FLORIDA PAY PLAN.
  19. COPY OF HUMAN RESOURCES REPORT DATED JANUARY 14, 2002.
  20. COPY OF ECONOMIC TRENDS, DATED JANUARY 14, 2002.
  21. COPY OF FLORIDA BOARD OF EDUCATION BUDGET SUMMARY 2000-2003.
  22. COPY OF FBOE PRESS RELEASE, DATED FEBRUARY 7, 2002.
  23. COPY OF FBOE PRESS RELEASE, DATED JANUARY 5, 2001.

 

 

 

 

BACKGROUND:

THE FLORIDA BOARD OF EDUCATION (HEREINAFTER "THE FBOE" OR "THE EMPLOYER") AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, FLORIDA PUBLIC EMPLOYEES COUNCIL 79 (HEREINAFTER "THE UNION") ARE SIGNATORS TO A CBA COVERING"…ALL EMPLOYEES INCLUDED IN THE STATE UNIVERSITY SYSTEM OPERATIONAL SERVICES, HUMAN SERVICES, PROFESSIONAL AND ADMINISTRATIVE AND CLERICAL BARGAINING UNITS," AND COVERS…ALL FULL-TIME AND PART-TIME EMPLOYEES IN THE CLASSIFICATIONS AND POSITIONS LISTED IN APPENDIX A OF THIS AGREEMENT."

IT MUST BE NOTED THAT IN 2001 THE FLORIDA LEGISLATURE TRANSFERRED THE POWERS AND DUTIES OF THE FLORIDA BOARD OF REGENTS TO THE FLORIDA BOARD OF EDUCATION.

THE NEW PROPOSED PUBLIC EMPLOYER, THE FLORIDA BOARD OF EDUCATION, DIVISION OF COLLEGES AND UNIVERSITIES CONSISTS OF ELEVEN (11) UNIVERSITIES. THESE UNIVERSITIES ARE THE UNIVERSITY OF FLORIDA (GAINESVILLE); FLORIDA STATE UNIVERSITY (TALLAHASSEE); FLORIDA A&M UNIVERSITY (TALLAHASSEE); UNIVERSITY OF SOUTH FLORIDA (TAMPA); FLORIDA ATLANTIC UNIVERSITY (BOCA RATON); UNIVERSITY OF WEST FLORIDA (PENSACOLA); UNIVERSITY OF CENTRAL FLORIDA (ORLANDO); FLORIDA INTERNATIONAL UNIVERSITY (MIAMI); UNIVERSITY OF NORTH FLORIDA (JACKSONVILLE); FLORIDA GULF COAST UNIVERSITY (FT. MYERS) AND THE NEW COLLEGE OF FLORIDA (SARASOTA). COUNCIL 79 IS THE EXCLUSIVE REPRESENTATIVE FOR APPROXIMATELY 16,500 UNIVERSITY SUPPORT PERSONNEL SYSTEM (USPS) EMPLOYEES WHO WORK IN APPROXIMATELY 240 CLASS TITLES AT THE ABOVE UNIVERSITIES, AS WELL AS AT THE FLORIDA BOARD OF EDUCATION (FBOE) OFFICES IN TALLAHASSEE, FLORIDA.

THE UNIVERSITY SUPPORT PERSONNEL SYSTEM (USPS) WAS ONE OF SEVEN MAIN PERSONNEL SYSTEMS IN THE STATE OF FLORIDA AT THE END OF THE YEAR 2000. STATE GOVERNMENT IS THE LARGEST SINGLE EMPLOYER IN THE STATE OF FLORIDA WITH 172,511 ESTABLISHED POSITIONS AT THE END OF 2000. THE FLORIDA BOARD OF EDUCATION, DIVISION OF COLLEGES & UNIVERSITIES, FORMERLY THE STATE UNIVERSITY SYSTEM, IS BY A WIDE MARGIN THE SECOND LARGEST MAIN PERSONNEL SYSTEM WITHIN THE STATE OF FLORIDA. THIS PERSONNEL SYSTEM EMPLOYS OVER 20% OF THE ESTABLISHED POSITIONS IN THE STATE OF FLORIDA AT THE END OF 2000, OF WHICH THE USPS EMPLOYEES COMPRISE APPROXIMATELY 46% OF THE FLORIDA BOARD OF EDUCATION.

ISSUE:

THE SPECIAL MASTER WOULD FIND THAT THE ISSUE BEFORE HIM IS:

"IS THE STATE OF FLORIDA FINANCIALLY ABLE, WITH THE CURRENT BUDGET/ECONOMIC PROBLEMS, TO FUND ANNUAL ACROSS THE BOARD INCREASES TO THE UNIVERSITY EMPLOYEES?

 

 

 

 

 

 

SPECIAL MASTER’S DISCUSSION:

THE SINGLE ITEM PRESENTED TO THE SPECIAL MASTER WAS A PAY RAISE PROVISION FOR THE APPROXIMATELY 16,500 UNIVERSITY SUPPORT PERSONNEL SYSTEM (USPS) EMPLOYEES WHO WORK IN THE NEARLY 240 CLASS TITLES AT THE ABOVE-NOTED UNIVERSITIES IN THE STATE OF FLORIDA.

THE EMPLOYER’S WAGE PROPOSAL WHICH WAS PRESENTED BY THE STATES CHIEF NEGOTIATOR ON DECEMBER 21, 2001 IN RELEVANT PART STATED:

ARTICLE 23

WAGES

"THE BOARD AND AFSCME RECOMMEND THAT THE 2002 LEGISLATURE APPROPRIATE FUNDS IN AN AMOUNT SUFFICIENT TO PROVIDE EMPLOYEES THE PERFORMANCE-BASED BONUSES DESCRIBED IN SECTION 23.1 BELOW, WHICH ARE TO BE EFFECTIVE IN JUNE, 2003, AND ARE TO BE FUNDED SOLELY FROM FUNDS APPROPRIATED FOR SUCH PURPOSES.

23.1 PERFORMANCE-BASED BONUSES. FY 2002-2003 PERFORMANCE-BASED BONUSES WILL BE AWARDED TO ELIGIBLE EMPLOYEES AS NON-RECURRING, ONE-TIME, LUMP-SUM PAYMENTS.

23.2 BONUSES WILL BE AWARDED PURSUANT TO PLANS DEVELOPED BY EACH UNIVERSITY TO BE SUBMITTED TO THE EXECUTIVE OFFICE OF THE GOVERNOR FOR APPROVAVL NO LATER THAN SEPTEMBER 15, 2002. PLANS MUST INCLUDE ELIGIBILITY AND SELECTION CRITERIA, AND A STATEMENT THAT THE BONUSES ARE SUBJECT TO SPECIFIC APPROPRIATION BY THE LEGISLATURE.

23.3 BONUS PLANS ARE NOT GRIEVABLE. THE DISTRIBUTION OF BONUSES IS GRIEVABLE ONLY TO THE EXTENT THAT THE UNIVERSITY DID NOT ADHERE TO THE PLAN ESTABLISHED IN SECTION 23.2"

THE UNION ON DECEMBER 18, 2001 HAD PRESENTED TO THE FBOE A PACKAGE PROPOSAL IN AN ATTEMPT TO RESOLVE ALL OF THE OUTSTANDING ISSUES AND WITHIN THIS PACKAGE PROPOSAL THE UNION OFFERED ITS ARTICLE 23 WAGES PROPOSAL WHICH IN RELEVANT PART STATED:

ARTICLE 23

WAGES

"23.1 SALARY INCREASES. THE SALARY INCREASES DESCRIBED BELOW WERE PROVIDED BY THE LEGISLATURE IN THE 2002-2003 GENERAL APPROPRIATIONS ACT.

A. EACH ELIGIBLE EMPLOYEE SHALL RECEIVE A GENERAL INCREASE OF 5% TO THE EMPLOYEE’S JUNE 30, 2002 ANNUAL BASE RATE OF PAY EFFECTIVE JULY 1, 2002.

B. IF THE INCREASE DESCRIBED IN 23.1 (A) IS LESS THAN $1500 EACH EMPLOYEE SHALL RECEIVE AN ADDITIONAL INCREASE WHICH PROVIDES THE EMPLOYEE A TOTAL ANNUALIZED INCREASE OF $1500.

C. ELIGIBILITY CRITERIA. EMPLOYEES ARE ELIGIBLE FOR THE INCREASES REFERENCED IN SECTION 23.1 A AND B ABOVE UNLESS AN EMPLOYEE HAS A CURRENT PERFORMANCE EVALUATION OF NOT MEETING PERFORMANCE STANDARDS/EXPECTATIONS IN EFFECT ON THE DATE OF THE GENERAL SALARY INCREASE. THE EMPLOYEE SHALL RECEIVE SUCH INCREASE WHEN THE EMPLOYEE ATTAINS AT ALEAST AND ACHIEVES, SATISFACTORY, OR MEETS PERFORMANCE STANDARDS EVALUATION PRIOR TO JULY 1, 2003. SUCH DELAYED INCREASE SHALL BE EFFECTIVE ON THE DATE OF THAT PERFORMANCE EVALUATION AND SHALL NOT BE RETROACTIVE.

23.3 ELIGIBLE EMPLOYEES WHOSE SALARIES ARE FUNDED FROM A CONTRACT, GRANT, AUXILIARY, OR LOCAL FUND SHALL RECEIVE SALARY INCREASES EQUIVALENT TO EMPLOYEES WHOSE ARE FUNDED FROM E & G SOURCES, PROVIDED THAT SUCH SALARY INCREASE FUNDS ARE AVAILABLE WITHIN THE CONTRACT, GRANT, AUXILIARY, OR LOCAL FUND. IN THE EVENT SUCH SALARY INCREASES ARE NOT PERMITTED BY THE TERMS OF THE CONTRACT OR GRANT, OR IN THE EVENT ADEQUATE FUNDS ARE NOT AVAILABLE, THE BOARD OR ITS REPRESENTATIVES SHALL SEEK TO HAVE THE CONTRACT OR GRANT MODIFIED TO PERMIT SUCH INCREASES."

THE UNION’S WAGE PROPOSAL IS BADED UPON THE CONVENTIONAL SYSTEM THE PARTIES UTILIZED IN THEIR CURRENT CBA, AND IT PROVIDES FOR A MORE EQUITABLE SYSTEM OF WAGES FOR ALL OF THE BARGAINING UNIT EMPLOYEES.

THE UNION HAS ALSO COMPILED AND PRESENTED AN IMPRESSIVE ARRAY OF STATISTICS AND WAGE INFORMATION AS IT CONCERNS NOT ONLY THEIR BARGAINING UNIT MEMBERS, BUT THE STATE UNIVERSITY SYSTEM AS A WHOLE.

IT IS RELATIVELY EASY TO SEE THAT BASED ON THE LATEST INFORMATION AVAILABLE, THE UNIVERSITY SYSTEM IS "HURTING" IN THE AREA OF RECRUITMENT AND RETENTION OF QUALIFIED PERSONNEL. IT WOULD APPEAR THAT THE MAIN REASON FOR THE SERIOUS STAFFING CRISIS IS THE SALARIES ARE INADEQUATE AND NOT COMPETITIVE WITH THE CURRENT LABOR MARKET.

THE SPECIAL MASTER WILL NOT COMMENT ON ALL THE COMPARISONS MADE BY THE UNION. SUFFICE TO SAY THEY ARE COMPELLING IN SHOWING THAT THE FBOE WAGES ARE IN THE "BOTTOM OF THE BARRELL".

THE SPECIAL MASTER WOULD MAKE SPECIAL NOTE OF EXHIBIT #9 PRESENTED ON BEHALF OF THE EMPLOYER.

THE EXHIBIT COMPARES THE AVERAGE WAGES FOR SEVEN POSITIONS THAT ARE COMMON BETWEEN FLORIDA STATE UNIVERSITY AND THE LEON COUNTY SCHOOLS. THE SPECIAL MASTER MAKES A SPECIAL NOTE THAT IN 4 OF THE 7 SALARIED POSITIONS THE LEON COUNTY SCHOOLS PAY HIGHER SALARIES THAN FLORIDA STATE UNIVERSITY.

THE LAST WAGE INCREASE RECEIVED BY THE EMPLOYEES REPRESENTED BY AFSCME COUNCIL 79 WAS IN NOVEMBER, 2001. UNDER THE FBOE WAGE PROPOSAL THESE EMPLOYEES WOULD NOT SEE A POSSIBLE INCREASE UNTIL JUNE, 2003 SOME 18-19 MONTHS DOWN THE ROAD. THE PROPOSED "PERFORMANCE-BASED BONUSES’ WOULD BE AWARDED TO "ELIGIBLE" EMPLOYEES AS NON-RECURRING, ONE-TIME, LUMP-SUM PAYMENTS. (EMPHASIS ADDED). TO TOP MATTERS OFF, THE BONUS PLAN WOULD NOT BE GRIEVABLE.

THIS SPECIAL MASTER WOULD FIND THE FBOE PROPOSAL IS LIKE BUYING "A PIG IN A POKE".

THE STATE FURHTER HAS CHANGED FROM THE STATE OF BOARD OF REGENTS, TO THE FBOE AND NOW WOULD CHANGE TO WHERE EACH OF THE 11 UNIVERSITIES WOULD BE IN CHARGE OF THEIR OWN NEGOTIATIONS.

WILL ALL THESE CHANGES IT WILL TAKE TIME TO ADJUST AND NORMALIZE LABOR RELATIONS WITHIN EACH OF THESE UNITS.

THE SPECIAL MASTER IS WELL AWARE OF THE VARIOUS FACTORS TO BE GIVEN WEIGHT BY HIM IN ARRIVING AT A RECOMMENDED DECISION.

THE MAIN FACTORS, IN HIS OPINION ARE:

"(1) COMPARISON OF THE ANNUAL INCOME OF EMPLOYMENT OF THE PUBLIC EMPLOYEES IN QUESTION WITH THE ANNUAL INCOME OF EMPLOYMENT MAINTAINED FOR THE SAME OR SIMILAR WORK OF EMPLOYEES EXHIBITING LIKE OR SIMILAR SKILLS UNDER THE SAME OR SIMILAR WORKING CONDITIONS IN THE LOCAL OPERATING ARE INVOLVED.

(2) COMPARISON OF THE ANNUAL INCOME OF EMPLOYMENT OF THE PUBLIC EMPLOYEES IN QUESTION WITH THE ANNUAL INCOME OF EMPLOYMENT OF PUBLIC EMPLOYEES IN SIMILAR PUBLIC EMPLOYEE GOVERNMENTAL BODIES OF COMPARABLE SIZE WITHIN THE STATE.

(3) THE INTEREST AND WELFARE OF THE PUBLIC

(4) AVAILABILITY OF FUNDS."

THIS SPECIAL MASTER HAS CONSIDERED THESE FACTORS BY UTILIZING THE INFORMATION IN THE EXHIBITS PRESENTED AT THE MARCH 1, 2002 HEARING AND RECOMMENDS THAT:

    1. THE PARTIES UTILIZE A WAGE PROPOSAL BASED UPON THE CONVENTIONAL SYSTEM THE PARTIES HAVE USED IN THEIR CURRENT CBA UNTIL THE "NEW" SYSTEM BEFORE THE FLORIDA LEGISLATURE BECOMES A REALITY.
    2. AN ACROSS THE BOARD WAGE INCREASE FOR THE BARGAINING UNIT OF 1.5% BE ENACTED FOR THE PERIOD OF JUNE 1, 2002 TO JUNE 1, 2003, WITH A MINIMUM OF $500.00 PER EMPLOYEE.

L.M. THOMSON, JR.

SPECIAL MASTER

MARCH , 2002

N.B. THE SPECIAL MASTER AS A PART-TIME RESIDENT OF FLORIDA HAS BEEN EVER MINDFUL OF THE STATE’S FINANCIAL PICTURE (WHICH SEEMS TO BE ON THE ROAD TO RECOVERY) BUT ALSO REALIZES THAT THE UNIVERSITY SYSTEM AS ONE OF THE "JEWELS" OF THE STATE MUST BE KEPT IN VIABLE CONDITION.

LT