STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MELBOURNE FIRE FIGHTERS ) ASSOCIATION, LOCAL 1951, LAFF, )

)

Petitioner, )

)

and ) CASE NO. 75-1552

) PERC No. 8H-RC-756-1155

CITY OF MELBOURNE, )

)

Public Employer, ) and )

)

TEAMSTERS, CHAUFFEURS, ) WAREHOUSEMEN AND HELPERS UNION ) LOCAL 385, )

)

Intervenor. )

)

RECOMMENDED ORDER

A hearing was held in the above styled cause pursuant to notice at 9:00

a.m. on November 21, 1975, in the Old Courtroom, 1483 Highland Avenue, Melbourne, Florida, before Stephen F. Dean, the assigned Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

The IAFF Local number 1951 was represented by Charles H. Kossuth.

The Teamsters, Chauffeurs, Warehousemen and Helpers Union Local number 385 was represented by Larry Parker.

The City of Melbourne was represented by Elting L. Storms and Joseph S. Gillin, Jr.

Prior to opening the hearing a pre-hearing conference was held in which it was determined that the factual situation surrounding the Petition for Recognition and Intervention had changed. Based upon these circumstances the parties entered into a stipulation which was thereafter read into the record and which forms the basis of this report.

STIPULATION

The Teamsters, Chauffeurs, Warehousemen and Helpers Union Local 385, withdrew their Petition to intervene with the understanding that to do so did not prejudice the rights of Local 384 to participate in future organizational efforts.

The City and IAFF Local number 1951 agreed to the submission of a contract between them which expired in November 1974 as Exhibit 1 and a contract between them which was signed September 4, 1975 as Exhibit 2.

The City recognized IAFF Local number 1951 and its majority status as the employee organization representing all fire fighters within the Melbourne Fire Department excluding fire chiefs, deputy fire chiefs, training officers, battalion chiefs, firemen, inspectors, pre-plan officers, communication supervisors, captains, and secretaries as this unit was defined in Exhibit 2.

The IAFF Local number 1951 amends its previous Petition to request certification pursuant to Florida Statutes 447.009(1).

It was clear from the off-the-record discussions and the comments of the parties on the record that all parties desired no further delay having reached essential agreement as reflected in the contract, Exhibit 2.

DONE and ORDERED this 26th day of November, 1975.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles H. Kossuth, Jr. Staff Representative, IAFF 1235 N.E. 22nd Street

North Miami Beach, Florida 33179

Elting L. Storms, Esquire Post Office Box 1376 Melbourne, Florida 32901

Joseph F. Gillin, Jr., Esquire 2604 Lewis Street

Melbourne, Florida 32901

Docket for Case No: 75-001552

Orders for Case No: 75-001552