Board of County Com'rs of Orange County v. Central Florida Professional Fire Fighters Ass'n, Local 2057, IAFF, 83-1735

• Citation: 10 Fla. L. Weekly 279,467 So.2d 1023
• Decision Date: 31 January 1985
• Docket Number: No. 83-1735,83-1735
• Parties: 10 Fla. L. Weekly 279 BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, Appellant, v. CENTRAL FLORIDA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 2057, IAFF, and Public Employees Relations Commission, Appellees.
• Court: Court of Appeal of Florida (US)

Page 1023

467 So.2d 1023

10 Fla. L. Weekly 279

BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, Appellant, v. CENTRAL FLORIDA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 2057, IAFF, and Public Employees Relations Commission, Appellees.

No. 83-1735.

District Court of Appeal of Florida Fifth District.

Jan. 31, 1985.

Rehearings Denied March 11, 1985.

Charles R. Fawsett of Rock, Fawsett & Elliott, Orlando, for appellant.

Tobe Lev & Joseph Egan of Egan & Lev, Orlando, for appellee Central Florida Professional Fire Fighters Association, Local 2057, I.A.F.F.

Phillip P. Quaschnick and Stephen A. Meck of the Public Employees Relations Commission, Tallahassee, for appellee Public Employees Relations Commission.

DAUKSCH, Judge.

This is an appeal from a final order of the Public Employees Relations Commission (PERC or Commission).

Appellee filed an unfair labor practice charge against appellant alleging a violation of section 447.501(1)(a) and (c).

(1) Public employers or their agents or representatives are prohibited from:

(a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part.

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(c) Refusing to bargain collectively, failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit.

The charge was that the County unilaterally changed an established practice of the fire fighters regarding store visitation while on duty. It had been the practice of some fire fighters from various fire station houses to go to the grocery store and other stores to pick up food and supplies while on duty. The County also refused to permit tape-recorders to be used during bargaining sessions. The Union filed a charge on that basis, too.

The hearing officer's recommended order found that the County violated sections 447.501(1)(a) and (c), Florida Statutes (1981), by refusing to collectively bargain over wages, hours, terms and conditions of employment so long as the Local, as represented by its certified bargaining agent, sought to tape-record the negotiations. The officer also found that the County violated section 447.501(1)(c) by unilaterally changing, after a request for bargaining, an established term or condition of employment without using the impasse resolution procedure required by section 447.403, Florida Statutes. The Union was deemed the prevailing party and was recommended to be awarded attorney's fees and costs for that portion of the charge relating to the unilateral implementation of the County's store visitation policy.

On exceptions filed by the County, PERC reversed the hearing officer's finding and recommended ruling that the County violated the law by not bargaining while being tape-recorded by the Union. The hearing officer had opined that the Union had a right under sections 286.011, (Florida's Sunshine Law) and 447.605(2), Florida Statutes, to tape-record its collective bargaining negotiations. In reversing on this point, PERC refused to hold that parties had a right under section 286.011 to tape-record negotiation sessions but instead resolved the matter by examining the parties' total conduct in deciding whether one party has placed an "unreasonable restriction" on the other in violation of section 447.501(1)(a) and (c). In this case it was held that the County's conduct did not constitute a refusal to bargain in good faith on the whole, even though the County did engage in an incident of bad faith. PERC did approve the findings and rulings of the hearing officer concerning the store visitation issue and awarded the Union attorney's fees to remedy this violation.

For those who are interested, the order on appeal is found and cited Central Florida Professional Fire Fighters, Local 2057, Charging Party v. Board of County Commissioners of Orange County, Respondent, 9 FPER § 14272 at 771-784.

The order of PERC is devoted at great length to the tape-recorder issue. That is not an issue on appeal here.

The Commission found that "The County, acting through its duly authorized agents, violated Section 447.501(1)(c) by unilaterally changing the store visitation policy that had been in place since the County became the public employer of the fire fighting employees represented by Local 2057."

The County has challenged that finding, saying it is not supported by the evidence. There is sufficient evidence to support the finding that there existed a custom on the part of many fire fighters to go to the store with the permission of their supervisors and that custom existed for a significant period of time.

William Burchfield, a paramedic with the County who was stationed at fifteen or sixteen stations...