Unfair Labor Practice #3
Ban Against Union Solicitation and Talk
Summary
Chief Geer banned union representatives from their right to receive communications from the union leadership while on duty. Chief Geer once again threatened discipline and dismissal.
Geer then banned all e-mail communications, on and off duty, from CFFA President John Lee. Geer then modified the ban so that all union communications to members had to go through him first for his review and approval.
Meanwhile, this ban only affected Clearwater Firefighters as other city employees were allowed to use e-mail system for personal and non-work communications, including union related communications.
Verdict
In October 2006, The Public Employees Relations Commission (PERC) found the City of Clearwater guilty. Effective immediately, The City of Clearwater shall:
1) Cease and Desist from maintaining an overly broad no solicitation law prohibiting CFFA members from discussing union matters during non-work time.
2) Cease and Desist from prohibiting CFFA members from using the city e-mail system for union related communications on non-work time.
3) Cease and Desist from discriminatorily enforcing restrictions on union e-mails and communications against CFFA members as a result of its participation in protected union related activities.
4) Cease and Desist from encouraging or discouraging membership in the CFFA by discriminating in regard to hiring, tenure, or conditions of employment
5) Cease and Desist from interfering with, restraining, or coercing public employees in the exercise of any rights they are entitled.
The City of Clearwater must also take the following actions:
1) Rescind its overly broad and discriminatory no solicitation policy
2) Pay the CFFA it's reasonable attorney fees and costs of litigation.
3) Post this verdict where Clearwater Firefighters can easily see.
Total cost to tax payers for ULP #3= $21,500.*
*These costs do not include additional fees billed to the city by their attorneys Thompson, Sizemore, and Gonzalez, which equated to an additional $46,382.91 for all 6 ULPs combined.
Click here to read the full ULP
Click here to read the PERC Ruling