PERC counsel finds sufficient cause Department of Juvenile Justice broke law in laying off 680 workers in Career Service

In response to an unfair labor practice charge filed by AFSCME Florida Council 79, the general counsel of the Public Employee Relations Commissionn has issued a notice that sufficient evidence exists to find that the state Departments of Juvenile Justice and Management Services violated the law in laying off 680 DJJ employees in December 2001 and January 2002.

The notice of sufficiency means that PERC will schedule an evidentiary hearing within 30 days. If the layoffs broke the law, then the 680 employees would be entitled to reinstatement, back pay and attorney's fees.

Read AFSCME statement

Read full text of charges filed against DJJ and DMS

AFSCME gets early win on SES transfers

In addition to the constitutional challenge against Service First, AFSCME is challenging the transfer of 7,000 workers out of our Career Service bargaining unit into the "at will" status of the Select Exempt Service (SES).

AFSCME filed a separate petition with the Public Employee Relations Commission, asking PERC to assert its power to determine what kind of work is "supervisory," "managerial" or "confidential." PERC doesn't want to.

The three-member panel, appointed by Bush and administratively under his Department of Management Services, said it would wait until the lawsuit is resolved in Leon County Circuit Court.

But AFSCME went to the First District Court of Appeal, which last week gave PERC 20 days to show why it shouldn't exercise its authority. PERC, which leans a little to the management side, has come up with reasons. Whether they satisfy the DCA is something else.

Then AFSCME that the workers people were moved to Selected Exempt not because their work was managerial, supervisory or confidential - but because it's easier to change their duties, or fire them, in SES.

The list of 45 newly "managerial" positions includes such job titles as records technician, secretary specialist and staff assistant.

The list of 168 newly "supervisory" titles includes senior clerks, storekeepers, librarian specialists, maintenance mechanics, linen service specialists and "repairers."

The list of 86 newly "confidential" titles includes clerk-typist specialists, word-processing systems operators, interpreter/translators and family services specialists.

Different kinds of accountants, engineers and management analysts made all three lists.

The issue PERC is so reluctant to address is whether the state can "unilaterally" remove jobs from Career Service - deciding that one clerk typist is "confidential" while another isn't - or whether this is something to be discussed with the union and certified by PERC.