District 2A Transportation, Technical, Warehouse & Service Employees Union v. Canaveral Port Authority
Florida Public Employee Relations Commission
24 F.P.E.R. ¶ 29,228 (1998)
- Written by Mike Begovic, JD
Facts
Every year, the Canaveral Port Authority (the authority) (plaintiff) had a practice of interviewing employees individually to determine whether they should receive a discretionary raise and, if so, the amount. Raises were completely discretionary and subject to review from supervisors. The authority did this for employees who were members of a proposed bargaining unit, District 2A Transportation, Technical, Warehouse & Service Employees Union (the union) (defendant), as well as those who were not members. Employees had an expectation that this practice would occur at the end of each year. In December 1997, although the authority had budgeted for raises in the upcoming year, interviews had not yet taken place because of pending representation petitions. The authority filed a petition seeking a declaration from the Florida Public Employee Relations Commission (the commission) that the authority could continue this practice of providing discretionary pay increases despite the pending representation petition from two unions seeking to represent employees of the authority.
Rule of Law
Issue
Holding and Reasoning ()
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