Board of County Com'rs of Orange County v. Central Florida Professional Fire Fighters Ass'n, Local 2057, IAFF, No. 83-1735

• Court: Court of Appeal of Florida (US)
• Writing for the Court: DAUKSCH
• Citation: 10 Fla. L. Weekly 279,467 So.2d 1023
• Decision Date: 31 January 1985
• Docket Number: No. 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.

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.

Page 1024

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.

* * *

* * *

(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...