City of Homestead v. International Ass'n of Firefighters, Local No. 2010

• Decision Date: 19 February 1974
• Docket Number: No. 73--605,73--605
• Citation: 291 So.2d 38
• Parties: 86 L.R.R.M. (BNA) 2731, 73 Lab.Cas. P 53,280 CITY OF HOMESTEAD, Florida, an unincorporated City, et al., Appellants, v. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2010, also known as Homestead Firefighters, Local 2010, a labor organization, Appellee.
• Court: Florida District Court of Appeals

Page 38

291 So.2d 38

86 L.R.R.M. (BNA) 2731, 73 Lab.Cas. P 53,280

CITY OF HOMESTEAD, Florida, an unincorporated City, et al., Appellants, v. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2010, also known as Homestead Firefighters, Local 2010, a labor organization, Appellee.

No. 73--605.

District Court of Appeal of Florida, Third District.

Feb. 19, 1974.

Rehearing Denied March 25, 1974.

Turner, Hodson & Watkins, Homestead, for appellants.

Joseph H. Kaplan, Miami, for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Defendant-appellants, City of Homestead and Councilman Fred Rhodes, individually, appeals an order of the trial court directing the city to bargain in good faith with the plaintiff and a judgment awarding the plaintiff compensatory and punitive damages.

Plaintiff-appellee, International Association of Firefighters, Local No. 2010 (herein referred to as the union), was recognized by the defendant-appellant, City of Homestead (herein referred to as the city), as collective bargaining agent of a majority of the persons employed as firefighters by the city. The city's council designated the city manager to act as its representative during negotiations. In November 1971, after many collective bargaining sessions, the city manager and the union reached an accord on a collective bargaining agreement which was submitted to the city council for its approval. On January 10, 1972 the city council met with union representatives and proceeded to renegotiate and, in fact, change every provision of the contract from beginning to end. The union representatives finally walked out of the meeting and on January 27, 1972 the union sent to the city manager a letter invoking the arbitration provisions of the Firefighters Collective Bargaining Act, a statute repealed by the legislature which in the repealer made the act a municipal ordinance (and Dade County ordinance). In response thereto, the city ordinance). In ordinance superseding the above law. During this time, defendant-appellant Councilman Fred Rhodes, Jr. made hostile statements toward the union and promises of added benefits to union members if they would abandon their support of the union. As a result, the union did lose three of its members. In May 1972 the union filed suit to enforce their constitutional right to bargain collectively. At the conclusion of the non-jury trial, the judge found that (1) the city did not meets its duty to bargain in good faith, (2) the ordinance of the city purporting to repeal the Dade County firefighters bargaining ordinance (cited hereinabove) is void and of no effect, and (3) the activities of defendant Councilman Rhodes did injure the union. Based upon the above findings, the judge ordered the city to bargain in good faith with the union and awarded judgment against Rhodes and in favor of the plaintiff in the sum of $18.00 as compensatory damages and $1.00 as punitive damages.

Defendant-appellants, the City of Homestead and Councilman Rhodes, individually, contend that the findings of the trial court are erroneous and thus, it was reversible error to enter thereon the order to bargain in good faith and the judgment awarding compensatory and punitive damages. On cross-appeal, plaintiff-appellant contends the amount awarded as punitive damages was insufficient.

After a review of the record on appeal, we conclude that there was sufficient evidence to support the findings of the trial judge who heard all the testimony and observed the demeanor of the witnesses. In addition, as the trial judge astutely noted in rendering her January 8, 1973 judgment, the state legislature passed, effective January 1, 1973, a new state firefighters bargaining law, Fla.Stat. § 447.20 et seq., F.S.A., which includes provisions for arbitration of contract disputes. Thus, this...