MOTION FOR ADMINISTRATIVE DETERMINATION (2)
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Koger Executive Center, Turner Bldg.
Suite 100, 2586 Seagate Drive
Tallahassee. Florida 32399-2171
(904) 488-8641
MAILING ADDRESS: P.O. Box 5138
Tallahassee, Florida 32314-5138
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STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS. COMMISSION
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Do Not Write In This Box
CASE NUMBER
CA-
CHARGE AGAINST EMPLOYER
(Fla. Admin. Code Rule 380-21.001)
DATE FILED
INSTRUCTIONS:
Submit an original and one (1) copy of this charge to the Public Employees Relations Commission along with proof of simultaneous
service upon the other parties as required by Fla. Admin. Code Rule 380-13.004. (NOTE: The charge must be accompanied
by sworn statement(s), and where applicable, documentary evidence in support of the allegations of the charge. Such suppor-
ting evidence and documentary evidence is NOT to be attached to the charge and need not be served upon the other parties.)
The Charging Party alleges that the public employer or its agents named below have engaged in (an) unfair labor practice(s).
Charging Party requests the Public Employees Relations Commission to process this charge under its proper authority.
1. NAME OF CHARGING PARTY: ROGER C. BRENNAN, UTILITIES CREDIT MANAGER
Address: 12 SOUTHWIND DRIVE
BELLEAIR BLUFFS, FLORIDA
34640
Zip Code
2. CHARGING PARTY REPRESENTATIVE:
Title:
Phone No.
Address:
Zip Code
3. NAME OF EMPLOYER:
CITY OF CLEARWATER
Address:
112 S. OSCEOLA AVE.
CLEARWATER, FLORIDA
34616
Zip Code
4. EMPLOYER REPRESENTATIVE: RON RABUN, WILLIAM BAKER, ROBERT BRUMBACK. GEORGE FASCHI
MGR.
Title: CITY MGR.. PUBLIC WORKS DIR.. ASST. P /w DI R ., ACC'lP.hone No. 813 -462-6700
Address:
112 S. OSCEOLA AVE.
CLEARWATER. FLORIDA
.--- --- ---._-------- ---.._---
:14616
.. -Zip.Coda__
5. The above-named employer or its agents have engaged in (an) unfair labor practice(s) within the meaning of Section
447.501(1)(a) and (h). ( r) . ( n ) , ( p ) ^' ( f ) ~ 3 ,Florida Statutes.
(list sections)
PERC Form 15 (Rev. 4/89) 17315
Page 1 of 2
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6. BASIS OF CHARGE: (Specify facts, names, places, dates, etc. If more space is needed, attach additional pages.)
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I have read the charge. The statements contained therein are true to the best of my knowledge and belief. A copy of this
fully executed form has been mailed or delivered to the representative(s) of the employer and any other party.
Sworn to and subscribed before me this
,19_.
day of_
Notary Public
My Commission expires:
FALSE STATEMENTS MAY RESULT IN FINE AND IMPRISONMENT
PURSUANT TO SECTION 837.06, FLORIDA STATUTES
PERC Form 15 17811
P-oe2of2
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BASIS OF CHARGE:
The City of Clearwater, through its agents and representives,
have rewritten the Civil Service Rules and regulations in an
effort to negate the public employees rights to due process.
The City of Clearwater, through its agents and representives
has reclassified public employees into two groups, bargining
unit employees represented by the CWA Local 3179 ), and the
SAMP employees no representation). This was done in an effort
to deny SAMP employees union representation and to limit the
size and potential of the bargining unit employees. Further
this was done without the consent of the public employees or
the approval of the Public Employees Relation Commission.
The City Managers reorganization and restructuring has left many
employees without proper representation. In an effort to
organize those employees now excluded from the bargining unit,
I contacted Bill Patterson, President of the CWA Local 3179 and
asked if the CWA would consider forming another union for the
SAMP employees, with our own executive board and our own shop
stewards and alike, as done by the neighboring City of Largo.
Mr. Patterson was most helpful I in contacting the National Office
of the AFL-CIO Communication Workers of America, staff representive
Mr. Diekman in assisting me in this pursuit.
I began preparing the necessary information for distribution
and obtaining the required support, until a newspaper article
( copy attached) appeared in our local newspaper, indicating
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that I as well as others where formulating a union for SAMP
employees. Since that time I have been harrassed, degraded
and humiliated in front of my employees and peers. I have been
suspended for (5) days ( copy attached) for supporting a
subordinate of mine who has been alledged to have committed an
offense and suspended for (2) days, which the union has taken to
arbritation (copy attached). I have also requested a State
Hearing Officer to review my suspension ( copy attached). The
City of Clearwater through its agents or representives is now
trying to terminate me for an alledged action, which is fictious,
libelious and can only be viewed as a retaliatory action for
formulating a union.
An overwhelming amount of evidence exists to support these charges
and is avialable upon your request ( taperecordings, memos,
newspaper articles, and employees statements etc.).
I therefore petition the Public Employees Relation Commission
to 1.) Review those position excluded from the bargining unit
to insure that Public Employees are not being denied
there rights to join or belong to a union.
2.) Restrain the City of Clearwater or its agents or
representives from taking any adverse action against
me until such time as a new union can be formulated
or that the Administrative Hearing Officer has made
his determination of facts and presented his finding
to the Civil Service Board.
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3.) The City of Clearwater through its agents and
representitives has engaged in unfair labor practices
and the charging party will suffer substatial and
irreparable injury if he is not granted temporary relief
from adverse action.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
(Charge Against Em?loyer, Fla. Admin. Code Rule 38D-21.001) was
sent by Federal Express Mail, postage prepaid, 8 day of
AUGUST
, 1982- to:
Rita Garvey, Mayor City of Clearwater
William Nunamaker, Commissioner City of Clearwater
Richard Fitzgerald, Commissioner City of Clearwater
Donald Winner, Commissioner City of Clearwater
Lee Regulski, Commissioner City of Clearwater
Ron Rabun, City Manager City of Clearwater
William Baker, Public Works Director City of Clearwater
Robert Brumback, Assistant Public Works Director City of Clearwater
George Fasching, Utilities Accounts Manager City of Clearwater
Miles Lance, Assistant City Attorney City of Clearwater
City Clerks Office, City of Clearwater
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State of Florida, Public Employees Relations Commission
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Roger re an
Utilities Credit Manager
City of Clearwater
STATE OF FLORIDA
COUNTY OF
SS:
CITY
BEFORE ME, the undersigned authority, personally appeared
(Roger C. Brennan), well known to me and known by me to be the
person described in and who executed the foregoing instrument
in the capacity and for the purpose therein expressed.
WITNESS my hand and official seal this
1989 in the County and State first above written.
day of
NOTARY PUBLIC
MY COMMISSION EXPIRES: