STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

INTERNATIONAL ASSOCIATION OF ) FIRE FIGHTERS, PANAMA CITY )

FIRE FIGHTERS, LOCAL 2259, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1155

) PERC Case No. 8H-RC-756-1129

CITY OF PANAMA CITY, )

)

Respondent. )

)

REPORT

Hearings were held in the above styled case on October 30, 31 and December 11, 1975 in the City Commission Chambers, City Hall, Panama City, Florida. This matter was raised upon the RC Petition filed by International Association of Fire Fighters, Local 2259, hereafter referred to as Local 2259. The petition having been filed with the Public Employees Relations Commission, said Commission forwarded this matter to the Division of Administrative Hearings to conduct a formal hearing on said petition.

APPEARANCES

For Petitioner: Larry Morris, Acting President

611 East Business Highway No. 98 Panama City, Florida 32401 Local 2259

For Respondent: Alley, Alley and Blue

2412 South Dixie Highway Post Office Box 450547 Shenandoah Station Miami, Florida 33145

STATEMENT OF CASE

Local 2259 filed its RC Petition with the Public Employees Relations Commission initially on April 30, 1975. It requested certification as the Bargaining Agent for a proposed unit of employees of Panama City, Florida. The proposed unit was defined as all fire fighters, engineers, lieutenants, captains and radio operators excluding only the fire chief, assistant fire chief and clerical personnel.

This petition was processed by the Public Employees Relations Commission, Notice of Hearing issued and the hearing conducted. The City of Panama City, hereinafter referred to as the City, attacked the petition filed by Local 2259 through various motions. The legal issues involved included the failure to file the showing of interest cards and financial statement with the initial petition; the failure to report the resignation of two of the officers of the Local 2259

in the spring of 1975 shortly after filing the RC Petition and the appointment of interim officers; and the failure of Local 2259 to request recognition subsequent to its having been properly registered as an employee organization with the Commission contrary to the provisions of Section 447.307(2), Florida Statutes. The City also argued that the Chairman of the Commission lacked authority to and had not determined whether there was reasonable cause to believe that the petition of Local 2259 was sufficient contrary to the provisions of Section 447.307(3)(a), Florida Statutes; that the City had been denied its efforts to discover the signature cards indicating a showing of interest because Local 2259 had not been compelled to answer the City's interrogatories and that the Commission failed to sustain the subpoenas issued to its employees Pat Hill and Tim Harley and thereby denied the City discovery and that its ordinance No. 928 was controlling and that the petition filed by Local 2259 could not be considered by the Commission. The City raised repetitively the foregoing issues in various forms in its Motions to Compel Discovery, Motion to Quash Notice and Motion to Dismiss or in the Alternative Cancel and/or Limit the Issues. The foregoing motions were denied. The City also moved to dismiss the petition on the basis of its challenge to the signature cards. Ruling on this motion was reserved pending presentation of evidence regarding the cards. The Hearing Officer having reviewed the evidence presented regarding the signature cards, their preparation and their submission, hereby denies said motion.

Local 2259 was afforded the opportunity to present evidence to support its petition. Subsequently the City presented evidence of the City's organization and in support of its own concept of the format of the bargaining unit.

Although this was in response to the proposed bargaining unit presented by Local 2259, it would appear that consideration of the City's proposal and the evidence in support thereof would be barred by the provisions of Section 447.307(1), F.S.

The Parties were unable to agree on any element of the case.

Is the City of Panama City a public employer within the meaning of Chapter 447,

Florida Statutes?

The employees of the fire department sought to be included in the bargaining unit are employees of Panama City. Their salary grades were established by the Civil Service Board of Panama City and their salary ranges by the City Commission and City Manager of Panama City. Panama City , an incorporated city of the State of Florida, pays the salaries of the employees of fire department.

Is the Petitioner an employee organization within the meaning of Chapter 447?

Local 2259 seeks to represent a group of public employees concerning matters relating to their employment relationships with the City. Local 2259 was, as of the date of hearing, a duly registered employee organization.

Did Local 2259 make an appropriate Showing of Interest as required by Chapter 447?

The unit proposed by Local 2259 is composed of fire fighters, engineers, lieutenants, captains and radio operators (dispatchers). Excluded are the fire chief, assistant fire chief, and clerical personnel. At present there is no assistant fire chief and only one clerical employee, the secretary to the chief.

There are approximately sixty-six (66) employees of the department including the chief and his secretary. Excluding the chief and his secretary, there are

sixty-four (64) employees in the proposed bargaining unit. Local 2259 would have to present signature cards from nineteen (19) or twenty (20) employees to make an appropriate showing of interest. These cards were not made a part of the official file forwarded to the Hearing Officer by the Public Employees Relations Commission; therefore, determination of an appropriate showing of interest must rest with the Commission. An affidavit was contained in the Commission's file prepared by the Commission Staff indicating that a showing of interest was presumed, the City having not presented a list of employees within the proposed unit.

Is the proposed unit an appropriate unit within the meaning of Chapter 447?

The City has a city manager as chief executive officer who reports to a city commission. The city government is organized into departments. Department head works for and reports to the city manager. The fire department is one of the departments of the government. It is headed by the fire chief.

The various other departments provide governmental services to the citizens. These services include the maintenance and construction of streets, water mains, sewers, parks, recreational facilities, administrative services; and police and fire protection.

Employees of fire department provide only fire prevention, combat, and emergency health or rescue services. Fire department members wear distinctive uniforms and badges, and they are required by State law to have certain minimum training to serve on the department. During their duty hours, the firemen eat and sleep at their assigned station. Captains are provided separate sleeping quarters, while lieutenants sleep with the men. The qualifications for service in the department are such that there are few, if any, lateral transfers into the department. Firemen are required to provide twenty-four (24) hour service the year around; therefore, they do not have the same vacation benefits other city employees have although they receive compensatory pay. The number of hours in the work week of firemen is different from other city employees. Their retirement plan and its benefits are different from those of the other employees except policemen.

Panama City has the authority to adopt and has adopted salary and job classifications and have established wages for its employees. The job classifications of all city employees are drawn by the Civil Service Board, who also establishes the pay classifications. The wages for the various fray classifications are established by the city manager and city commission.

A substantial number of firemen have indicated their desire for a bargaining unit of firemen. However, there is no evidence regarding the desires of other city employees to have a bargaining unit, be included in a unit with firemen, or have a separate unit. There is no history of collective bargaining within the city.

The span of control within the department would apparently require the chief to use other subordinates to supervise and enforce policy. The shift captains are primarily responsible for the supervision and enforcement of department policies on their shifts. These captains in turn look to their lieutenants to directly supervise their men. However, the captain is responsible for evaluation of personnel, for command of fire scenes in the

absence of the chief, and maintaining the fire fighting capabilities and discipline of his shift. The lieutenants are responsible only for direct supervision of the men in their maintenance of equipment, the fire station, and in combating fires. The lieutenant may voluntarily assist his men in maintenance; however, he must assist in fire combat. At a fire scene he is commanded by captain or chief. While lieutenants may assume duties of captains, they are always limited to the exercise of his authority.

The chief is responsible for and does hire and transfer all firemen. A captain would initiate the discharge and other disciplinary action against a fireman subject to a right of appeal to the Civil Service Board. Captains would recommend disciplinary action to the chief. The chief also has the authority to promote firemen. Promotion is based in part on evaluations of performance prepared by the captains.

Although they do not work shifts, the chief fire inspector, a captain, and his lieutenant have essentially the same relationship the shift captain and lieutenants have. While the lieutenant makes about one-half his inspections on his own, his reports are subject to the captain approval. The lieutenant is also responsible for maintenance of their vehicle. Both the captain and lieutenant do fight fires, but when they do, they function as firemen without any direct command functions.

Based on the foregoing, lieutenants function as working foremen while captains have a higher degree of responsibility and are directly responsible to the chief. Engineers and fire fighters are responsible for their assigned duties, although an engineer might perform the duties of a lieutenant if he were absent from work. In this event, an engineer exercises the lieutenant's authority.

The evidence presented indicates that the inclusion of captains in the proposed unit would leave the department without any intermediate supervision to direct and control the activities of sixty (60)men serving on three shifts in three different stations. The fire chief could not adequately supervise this many personnel and this would adversely effect the efficiency of the department.

The foregoing Hearing Officer's report is respectfully submitted this 7th day of December, 1976 in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Larry Morris, Acting President 611 East Business Highway

No. 98

Panama City, Florida 32401

Alley, Alley and Blue 2412 South Dixie Highway Post Office Box 450547 Shenandoah Station Miami, Florida 33145

Mr. Leonard Carson, Chairman

Public Employees Relations Commission Suite 300, 2003 Apalachee Parkway

Tallahassee, Florida 32301

The Mayor

City of Panama City Panama City, Florida

Docket for Case No: 75-001155

Orders for Case No: 75-001155