LOCAL NUMBER 2387 )
)
Petitioner, )
)
vs. ) CASE NO. 75-428
) PERC NO. 8H-RC-756-1106
CITY OF LIGHTHOUSE POINT, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to Section 447.009(3)(a), Florida Statutes and Rule 8H-3.16, Florida Public Employees Relations Commission (PERC), a public hearing was held by a duly designated hearing officer in the above matter on July 11, 1975, at Lighthouse Point, Florida. Notice of Hearing was issued to the parties on June 9, 1975, in accordance with Rule 8H-3.17.
APPEARANCES
For Petitioner: William G. Helton, President
I.A.F.F. Local No. 2387 Post Office Drawer 64-T Lighthouse Point, Florida
For Respondent James C. Crosland, Esquire Public Employer: Muller & Mintz
100 Biscayne Boulevard North Miami, Florida
HEARING OFFICER'S ANALYSIS OF THE RECORD OF HEARING
By petition to PERC, dated March 29, 1975, as amended by a letter to PERC, dated `April 25, 1975, Petitioner seeks a Certificate of Representation as the exclusive bargaining agent for all personnel in the Lighthouse Point Fire Department from the rank of Captain through all subordinate personnel designated as "Full Time Paid Personal (sic)."
Both parties stipulated that the City of Lighthouse Point is a public employer within the meaning of Section 447.002, Florida Statutes, and that the Petitioner is an employee organization as defined in Section 447.002(10), Florida Statutes. The stipulation was accepted by the Hearing Officer.
It was further stipulated by both parties that Petitioner requested in writing to the Public Employer recognition as a bargaining unit on January 22, 1975, and that the Public Employer had in writing on the same date refused to grant the requested recognition. The stipulation was accepted by the Hearing Officer.
Formal documents accompanying the file, i.e. Exhibit 1, the Petition, as amended; Exhibit 2, Affidavit of Compliance for Registration of Employee Organization, and Exhibit 3, Affidavit of Compliance for Required Showing of Interest, were placed in evidence by the Hearing Officer without objection.
Accordingly, the sole issue to be considered at the hearing was the appropriate bargaining unit of public employees under the provisions of Section 447.009, F.S., and PERC Rule 8H-3.01.
During the course of the hearing, only the chief of the Fire Department testified for the Public Employer and no witnesses were presented by the Petitioner. Exhibit 4, a copy of Section 2, Article VI, Lighthouse Point Code, concerning the Fire Department, was received in evidence.
Upon inquiry by the Hearing Officer, the Public Employer stated its position that the Captain and all Lieutenants in the Department should be considered "managerial employees," as defined in the Act; that it would not be compatible with the criteria of Section 447.009, F.S., or with the Public Employer's ability properly to serve the public to include officers in the bargaining unit; and that a conflict of interest would arise if such were the case. The Petitioner contended that the Captain and all full-time paid personnel should be included in the proposed unit because they exercise no functions as to hiring, firing, suspension, or promotion of personnel.
FINDINGS OF FACT
The pertinent provisions of Exhibit 4 establish that the Lighthouse Point Fire Department is a volunteer organization which may consist of a Chief and as many subordinate volunteer firemen and employees as may be necessary, all appointed in conformity with rules and regulations of the City of Lighthouse Point. The Chief who is appointed by the Mayor, subject to City Commission confirmation, is also the fire marshal and has executive supervision and control of all firemen and other officers and employees of the department. All officers and employees of the fire department shall be employed without compensation until the city commission deems it appropriate to compensate them.
The Fire Department presently consists of a Chief, one Fire Captain, three Lieutenants, six Firefighters and six Driver-Engineers. The manning of the fire station is accomplished in three shifts, each consisting of one Lieutenant, two Firefighters, and two Driver-Engineers. After each shift of 24 hours, the shift personnel are off-duty for 48 hours. All of the personnel are full-time paid personnel. The Captain also is paid fees for reporting to fire calls and for attending training drills. He receives a mileage allowance for using his personal vehicle for official Fire Department business, such as reporting to the scene of a fire or other emergency, and a cleaning allowance for maintenance of uniforms. No other full-time personnel, except the Chief, receive supplemental payments. He is under the same sick leave and vacation criteria, and eight hour work day, as the Chief. Sick leave and vacation benefits for other personnel are determined in a different manner. If the Captain is on holiday, he remains subject to call, whereas when the other personnel are on duty on holidays, they receive another holiday to compensate therefor. The Captain is presently receiving state instruction to become a certified instructor. He assumes command of the department in the absence of the Chief. The Lieutenants are under his general supervision. Either the Chief or the Captain is present at all fires except those of a minor nature.
Each Lieutenant, as above-mentioned is in immediate charge of a shift and supervises shift personnel. They are interchangeable with the Captain as far as capability to assume command at a fire when the Chief or the Captain is not present.
The Chief holds infrequent, unscheduled staff meetings at which the Captain and Lieutenants normally are present to discuss such matters as assignment of shifts, grievances of subordinate personnel and other routine personnel matters. The budget for the department is prepared by the Chief, with input as to capital improvements submitted by the Captain and recommendations also by the Lieutenants as to required equipment.
As to personnel matters, the Chief has no authority to hire, fire, or promote personnel but must make recommendations, through the Assistant City Administrator to the Mayor. Disciplinary matters, such as suspension, are handled similarly, although the Captain and Lieutenants have authority to send an intoxicated or incapacitated member home, normally after consultation with the Chief.
