Ellen Leonard, Chief Legal Counsel
Hillsborough County Sheriff's Office
Post Office Box 3371
Tampa, FL 33601
Re: Demand for Bargaining
Dear Ellen:
It is with great disappointment that I have to write you this letter.
The PBA has been attempting to get the Sheriff back to the bargaining table for months. The Sheriff has ignored our multiple requests. When I say “ignored” I mean that he has not even given us the courtesy of a response. Because we were at impasse my understanding of the law is that we could not require the Sheriff to go back to the bargaining table. Since the PBA feels confident that our new proposals regarding the three issues we went to impasse over (i.e. wages, PBA time and discipline) should be warmly received by the Sheriff, the PBA decided to withdraw its declaration of impasse so that we could require the Sheriff to bargain in good faith.
Since doing that I have repeatedly tried to get a date from you for a new bargaining session. I have done so by letter to you dated March 13, 2008 and in three telephone conversations since. During my first telephone conference with you, which was last week, you spoke frankly and honestly. You told me the Sheriff did not want any more bargaining with the PBA and since a decertification vote will be coming in the next few weeks he refused to sit down with us, preferring to wait to see the outcome of the vote. When I pointed out to you that a refusal to bargain is an unfair labor practice, you agreed that the Sheriff needs to come back to the bargaining table and you further agreed to find out from your team a date.
Our second telephone conference was on Monday of this week. I called you because I had not heard back from you regarding a date for the bargaining session. You advised me that you had not yet had an opportunity to get with everybody on the Sheriff's bargaining team to select a date but there was a Staff meeting Tuesday (yesterday) morning where everyone would be in attendance and you could get a commitment. You were going to call me after that Staff meeting to inform me of the available date(s).
Since I did not hear from you yesterday I called you twice today. When I was in the middle of writing you this letter you returned my call. You advised me that you still do not have a date for bargaining. You advised me that I either misunderstood you or your misspoke concerning your ability to obtain a date for bargaining at the Staff meeting yesterday. Rather, it was your purpose at the Staff meeting to make sure that the Sheriff agreed to bargain with the PBA again, which apparently he has. In a nice way, I then accused the Sheriff of dragging his feet. Your assured me I was wrong and I will take your word for it. I then asked you when I would hear from you and you told me that you would get back to me by tomorrow afternoon.
Page Two
March 26, 2008 /
Ellen, please don't make me file an unfair labor practice charge. At this point I must insist that we have a bargaining session before the end of next week and that you notify me concerning your client's availability no later than close of business tomorrow, March 27, 2008. If, for any reason, it is impossible for you to comply with these requests please call me to explain why. I have a client who is attempting to act in good faith and perceives the Sheriff is not. Please prove us wrong.
Very truly yours,
R. JEFFREY STULL, P.A.
R. Jeffrey Stull, Esquire
RJS/aat
cc: Steve Dickey
Jim Diamond
R. Jeffrey Stull, P.A.
Jeffrey Stull, Esquire
602 South Boulevard
Tampa, Florida 33606
813-251-3914
Fax 813-251-0974
jeff@stullpa.com
