The International Union of Painters and Allied Trades, AFL-CIO, Local Union 2301 (Local 2301), and the City of Fort Myers (City).; Local 2301 and the City were parties to an amendment to certification petition in the case of: In re Petition of the ...

 

DEPARTMENT OF MANAGEMENT SERVICES

NOTICE IS HEREBY GIVEN that the Public Employees Relations Commission (Commission) has received the petition for declaratory statement from The International Union of Painters and Allied Trades, AFL-CIO, Local Union 2301 (Local 2301), and the City of Fort Myers (City).The petition seeks the agency’s opinion as to the applicability of Order No. 16E-107 (Case No. AC-2016-002) as it applies to the petitioner.

Local 2301 and the City were parties to an amendment to certification petition in the case of: In re Petition of the Fort Myers City Employees Union, to Amend Certification No. 614, case number AC-2016-002 (Fla. PERC Apr. 13, 2016). In that case, Certification 614 was amended to designate Local 2301 as the certified bargaining agent in place of the Fort Myers City Employees Union (City Employees Union). In the first full paragraph at page nine of the “Order Amending Certification 614,” the Commission explained the duties of the City with regard to deducting and remitting dues and uniform assessments prior and subsequent to the issuance of its order. The City interprets the language in the order to require that Local 2301 obtain new cards specifically authorizing dues deductions on behalf of itself. Until such time as it receives new authorization cards, the City contends that it has no duty to further deduct dues. The Union interprets the language in the order to require that the City continue to deduct dues on behalf of employees who signed authorization cards prior to the filing of the amendment to certification petition, but that the City is to forward the dues to Local 2301, rather than to the City Employees Union. Local 2301 contends that the City should continue to deduct dues under the existing authorization cards because there has been no replacement of one bargaining agent by another, but merely an amendment to the existing certification. Local 2301 and the City are seeking a Declaratory Statement by the Commission regarding their respective rights and responsibilities with regard to dues deductions. Except for good cause shown, motions to intervene by persons whose substantial interests may be affected by the disposition of the declaratory statement must be filed within twenty-one (21) days after publication of the notice in the Florida Administrative Register. Persons whose substantial interests may be affected may file a petition for an administrative hearing.

A copy of the Petition for Declaratory Statement may be obtained by contacting: The Clerk, Public Employees Relations Commission, 4708 Capital Circle NW, Suite 300, Tallahassee, Florida 32303-7256.

Please refer all comments to: The Clerk, Public Employees Relations Commission, 4708 Capital Circle NW, Suite 300, Tallahassee, Florida 32303-7256.