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Wednesday, March 14, 2007 Jacksonville Asks 'Who's the boss?'
The Florida
Times-Union
The Jacksonville Aviation Authority and its two unions showed up in court Friday to settle a technical issue that could determine what type of contract the estranged workers will get for the next three years. At the heart of the issue is the type of odd and thorny question thrown up by consolidated government such as exists in Duval County: Who is the legislative body overseeing the Jacksonville Aviation Authority? The authority reached an impasse in contract negotiations last year with the unions, Florida Council of Industrial and Public Employees UBC 2081, comprising about 100 skilled maintenance workers, and Fraternal Order of Police Lodge 85, which represents 35 or so officers. Among the issues are things like removal from the contract of the Police Office Bill of Rights - which gives officers rights if they face administrative punishments - as well as issues dealing with the way leave is treated and how bonuses and raises are calculated. The two sides couldn't agree after sitting down with a special magistrate, so according to the state law governing public employees, who are not allowed to strike, the issue should go to the organizations' legislative body, which should "take such action as it deems to be in the public interest, including the interest of the public employees involved." According to the authority, backed by the Office of General Counsel, the legislative body is the JAA board of directors. To the unions, the body is the City Council, a venue they believe will give them a better deal. The definition of "legislative body" given in state law says the body must be able to appropriate funds - a definition union attorney Tad Delegal said nixes the JAA board, because its budget must be approved by the City Council. "Budgetary ability is a key ingredient in whether a body is the legislative body," he said. But Chief Deputy General Counsel Cindy Laquidara stressed that the city does not provide funds for JAA, which gets its money from state and federal grant and from fees charged to tenants and passengers. The situation is not made clearer by the Aviation Authority's charter, which says the Council may "increase or decrease the appropriation [budget] requested by the authority," with Laquidara saying the two terms have no equivalency, either in the law or the diction. The airport workers have never had a contract impasse go to the legislative body, so there is no precedent on either side. The only time the Council has weighed in on an impasse involved employees of utility company JEA, whose charter was amended to make it clear that the City Council is its legislative body. Tension among the Aviation Authority's union members has risen in recent days as Executive Director John Clark has embarked upon reorganization plans, a process that began with the elimination of three senior management positions and has worked its way down to the rank and file. The authority is in the process of considering outsourcing the sort of work down by the UBC workers. The depth of feeling was shown Friday by the placement of the hearing: Usually the sort that would be held in the judge's chambers, it was moved to a courtroom when more than a dozen union members and supporters showed up for the event. Duval County Judge Charles Mitchell Jr. said he expects to rule on the case by early next week. Do you have an opinion about this story? Share it with other readers in our CAA Discussion Forums http://www.californiaaviation.org/dcfp/dcboard.php ***************************************** |