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Union Suit Against Sheriff Dismissed

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By TODD LESKANIC, The Tampa Tribune

Published: December 1, 2007

NEW PORT RICHEY - Sheriff Bob White scored a victory of sorts last week amid contentious wrangling over terms of a union contract.

The state's Public Employees Relations Commission issued an order Thursday dismissing an unfair labor practices charge against White that arose out of the collective bargaining.

In a complaint filed in May, the Fraternal Order of Police argued the sheriff was violating state law by not allowing employees to discuss bargaining issues through office e-mail or interoffice mail.

A hearing officer concluded on Aug. 28 that the evidence failed to establish any law violation. Attorneys for the FOP filed appeals to the employee relations commission, which responded with Thursday's final ruling dismissing the complaint.

"The sheriff has been very adamant about not trying this in the media and not going back and forth, so we haven't spoken much about it," said Col. Al Nienhuis, the undersheriff. "But now that this is completed and the issue is over and done with, we felt it was important to let our members and the public know the outcome."

The FOP's Fort Lauderdale-based attorney, Stuart Rosenfeldt, said the decision surprised him. Rosenfeldt said he's still deciding whether to appeal the commission's decision to the 2nd District Court of Appeal.

"The bottom line is these guys want to be able to do what they were able to do before they unionized," he said.

Rosenfeldt said White allowed all sorts of communication through e-mail and interoffice mail until the employees voted to unionize. Nienhuis said the restrictions were implemented before the union vote.

"We had a policy in place for some time that we did not allow external entities to use the internal mail system for nonsheriff's office business," he said. "And it's for the simple reason that it uses taxpayer resources in the dissemination, and reading it on duty takes employees away from their duties."

Nienhuis said White has always allowed union information to be posted on office bulletin boards.

The ruling, and probable end to the claim, means White and his deputies have two remaining issues to iron out before a union contract can be agreed to.

The union is seeking "gap insurance" that would cover deputies and their families from the time they retire until they become eligible for federal health benefits. The union is also asking that deputies be able to appeal White's disciplinary actions to an outside arbitrator.

A negotiating session is scheduled for Dec. 19.

In March, White made a contract offer that was overwhelmingly rejected. The rank-and-file deputies voted 148-1 against the deal, and 93 percent of sergeants and lieutenants rejected it.

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

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