The International Union of Painters and Allied Trades, AFL-CIO, Local Union 2301; The Petitioner requested that the Commission clarify language appearing at page nine of an order amending certification in which the Petitioner was designated as the ...

 

DEPARTMENT OF MANAGEMENT SERVICES

NOTICE IS HEREBY GIVEN that the Public Employees Relations Commission (Commission) has declined to rule on the petition for declaratory statement filed by The International Union of Painters and Allied Trades, AFL-CIO, Local Union 2301 on April 25, 2016. The following is a summary of the agency’s declination of the petition:

The Petitioner requested that the Commission clarify language appearing at page nine of an order amending certification in which the Petitioner was designated as the certified bargaining agent for a unit of City of Fort Myers (City) nonprofessional employees. In re Petition of Fort Myers City Employees Union, to Amend Certification No. 614, Order No. 16E-107 (PERC 2016); 42 FPER 304 (2016). According to the petition, the City interprets the language in the order to require that the Petitioner obtain new cards specifically authorizing dues deductions on its behalf. Until such time as it receives new authorization cards, the City contends that it has no duty to further deduct dues. The Petitioner interprets the language 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 the Petitioner, rather than to the prior certified bargaining agent. The Petitioner and the City sought a declaratory statement regarding their respective rights and responsibilities regarding dues deductions. The Commission declined to rule on this question because the issue has ripened into an actual controversy. A petition for declaratory statement is not the appropriate procedure for resolving an existing dispute. To the extent that either party is entitled to any relief, the proper procedure is to file an unfair labor practice charge.

A copy of the Order Declining 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.