STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LARGO PROFESSIONAL FIRE FIGHTERS ) ASSOCIATION, LOCAL NO. 2427, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1232

) PERC NO. 8H-RC-756-1171

CITY OF LARGO, FLORIDA, )

)

Public Employer. )

)

RECOMMENDED ORDER

Pursuant to notice, a public hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, at the Largo City Hall on September 22, 1975, commencing at 9:00 a.m.

APPEARANCES

For Petitioner: Mr. Terry A. Furnell

501 South Fort Harrison Clearwater, Florida 33516

For Public Mr. G. R. McClelland, City Attorney and Employer: Mr. Robert Jewell

City Hall

Largo, Florida 33540

For Largo Mr. Lawrence C. Black Employees 152 8th Avenue Southwest Association: Largo, Florida 33540

INTRODUCTION

By a, representation petition, the Largo Professional Fire Fighters Association1 Local No. 2427 (petitioner) seeks a certificate of representation as the exclusive bargaining agent for all members of the Largo Fire Department below the rank of chief.

At a pre-hearing conference, the City of Largo moved to dismiss the representation petition on the grounds that the petition is irregular and not now properly before the Public Employees Relation Commission (PERC). The grounds for the motion are more fully set forth in Exhibit No. 5 and include the reasons that the City has not formally denied recognition to petitioner, dispatchers are covered by an existing agreement with the Largo Employees Association, the petition submitted to the City by petitioner is different than the one submitted to PERC and certain attachments were not included in the notice of hearing. For the purposes of the hearing, the Hearing Officer denied the City's motion to dismiss and the merits of the motion is referred to PERC for final action.

Also at the pre-hearing conference, the Largo Employees Association (LEA) moved to intervene. The undersigned Hearing Officer denied the motion to intervene on the grounds that the LEA failed to illustrate a ten percent showing of interest as required by F.A.C. Rule 8H-3.05 and the attorney for the LEA admitted that the only objection to the unit designated by the petitioner was as to one dispatcher who is allegedly covered by the LEA contract with the City.

However, the attorney for the LEA was permitted to make a statement with regard to the dispatcher position.

The petitioner and the City reached the following stipulations:

1. The City of Largo is a public employer

   within the meaning of F.S. Section 447.203(2).

2. The petitioner is an employee organization within the meaning of F.S. Section 447.203(10).

3. The petitioner requested recognition as the exclusive bargaining agent from the City. As noted above in the discussion of the City's motion to dismiss, there remains the issue as to whether the City denied recognition to petitioner.

4. The City of Largo is presently bargaining with the Largo Employees Association; however, with the possible exception of one dispatcher, there is no contractual bar to holding an election.

5. The petitioner is properly registered with PERC.

6. The petitioner has made the proper showing of interest.

7. With regard to the unit designation, it was stipulated that fire fighters should be included in the bargaining unit and that chiefs should be excluded.

With these stipulations, the only issue remaining was whether the positions listed in the petition - lieutenants, captains, fire inspectors, assistant chiefs and dispatchers - should be included in or excluded from the bargaining unit. It was the petitioner's contention that all such categories are appropriate to be included in the unit in that the chief is the only person who exercises true managerial functions. It was the City's position that they should not be included and that only fire fighters were appropriate. The City did not contend that dispatchers were inappropriate, but only that they are already represented by the LEA. It was contended by the City that lieutenants, captains and assistant chiefs do exercise managerial functions and that fire inspectors share no community of interest with fire fighters because of their duties and hours. It was argued that the primary duty of fire inspectors is fire code enforcement, and hence they are more akin to an officer in a police department rather than fire combat personnel.

The petitioner presented testimony from a lieutenant, a dispatcher and a captain with the Large Fire Department. With regard to the classification of fire inspector, the petitioner relied upon the position description contained in exhibit No. 6. The City presented the testimony of an assistant chief with the Largo Fire Department and the personnel director of the City of Largo. Mr.

Barry Burkhart, petitioner's president, also testified with regard to the issue

of request for recognition and bargaining history. The parties orally waived their right under F.A.C. Rule 8H-3.23 to submit a brief to the Hearing Officer in support of their positions.

FINDINGS OF FACT

Based upon the testimony and evidence received at the hearing, the following facts are found:

1. The Largo Fire Department is comprised of approximately 70 employees and maintain three stations, with a fourth station apparently in the planning stage. The chief administrative officer in full command of the entire Department is the fire chief, who is directly responsible to the City Manager. In descending order of command are two assistant chiefs, three fire captains and twelve fire lieutenants. There are also two fire inspectors, forty-six fire fighters, three or four dispatchers and one secretary. (Exhibit No. 6).

   
   

2. Assistant Fire Chiefs - Second in the line of command are the two assistant fire chiefs. They work a standard forty-hour week, 8:00 a.m. to 5:00 p.m., five days a week. Their office is one half block away from the main fire station. If the chief is out of town or unavailable, one of the assistant chiefs assumes command. When the chief and both assistant chiefs are unavailable, either a captain or a lieutenant is designated to be in command. With regard to the personnel evaluations made by either captains or lieutenants, assistant chiefs normally accept the recommendations made by them. On occasion an assistant chief will attach an additional memo to a recommendation submitted by an inferior officer. Assistant chiefs have no authority to fire Department personnel or to prevent merit pay increases. Only the chief has these powers, subject to review by the City Manager. There was testimony that after an applicant goes through certain testing procedures with the City's personnel department, the chief and assistant chiefs make the ultimate decision as to who is hired. Assistant chiefs receive input from captains and lieutenants with regard to purchasing new equipment and personnel transfers. With regard to the budget, assistant chiefs may purchase items within the guidelines of the budget. They make recommendations respecting the formulation of the budget, but the chief makes the ultimate decision as to what will be submitted to the City for the budget. If everything is going well at a fire scene, assistant chiefs stand back and observe rather than assume control. Equipment placements and transfers are made by the assistant chiefs. With regard to collective bargaining, assistant chiefs would directly assisting administering the outcome of the negotiations.

   
   

3. Fire Captains - Like fire fighters, captains work a 24-hour shift and then are off 48 hours. They wear the same work uniform as fire fighters, but their dress uniform includes a white, rather than a blue, shirt. The captains eat their meals with and sleep in the same quarters as fire fighters. Each captain is responsible for a third of the combat portion of the Fire and directs the operations of the officers and men on their particular shift. On the fire scene, captains are the working supervisor and perform the normal functions of search and rescue. Around the station, captains participate in the minimal domestic and maintenance duties and tasks as part of a team effort. In the event that both the chief and assistant chief are absent, a captain designated by the chief assumed the duties and responsibilities of an assistant chief.

   With regard to authority to transfer men, discipline men and make policy, there was testimony that such authority is solely in the form of making recommendations in those areas. A lower grade officer or fire fighter can also submit written reports or charges concerning disciplinary action. While the job

   description for captain's requires them to make thorough weekly inspections of each station, apparatus and personnel the chief has been personally making such inspections for the past several months. While captains are required to keep records of sick leave, the the administrative secretary actually handles all leave records. Captains do have the authority to visit persons on sick leave if there is reason to believe a sick leave is not legitimate. The job description requires captains to forward to headquarters every six months a written personnel evaluation report on all personnel under their command. This is done by a standardized form sent to the captains by City's personnel department.

   Captains also have the authority to give mutual aid assistance when requested by a neighboring unit by sending men and equipment. While captains have the authority to make changes within their subordinates' command, in emergency situations, most changes in command come out in the form of memos from the administrative chief. In the captain's absence, his duties are assumed by a lieutenant. If a lieutenant is not present the lieutenant's duties are assumed by what is known as a lead fire fighter - a senior fire fighter by virtue of tenure and training.

   
   

4. Captains do not formulate policies applicable to the Fire Department nor do they prepare of administer the budget. They can make recommendations with regard to the budget, as can lieutenants and other officers. They cannot buy equipment, nor can they move equipment between stations without written permission. Changes in the organizational structure are not discussed with captains. Any type of procedural recommendation which is made is discussed among the three captains and is then presented to the assistant chiefs and chief for final action. It was opined by Captain Lambert that captains would have no duties or responsibilities to management with respect to collective bargaining and that, as a member of a union, there would be no conflict of interest between the performance of their duties and the possibility of grievances filed within the union. It was Captain Lambert's opinion that policy' decisions were implemented, rather than formulated, by him.

   
   

5. Fire Lieutenants - There is one lieutenant assigned to work each of three shifts at each of the stations. Lieutenants report to and perform under the general direction of the captain, also known as the shift commander, who reviews the decisions of the lieutenants. In addition to the job description contained in Exhibit No. 6, there was testimony that lieutenants and fire fighters work on the same time schedule, sleep in the same quarters, eat at the same table, prepare meals jointly and perform fire fighting duties jointly. Lieutenants are in charge at the scene of a fire until a senior officer arrives. There was testimony that although lieutenants participate in the normal evaluation procedure which is used as a basis for merit pay increases and they supervise the duties of the men in the station to which they are assigned, their basic duties are fighting fires. Lieutenants do not have anything to do with preparing or administering the budget nor would they work in the City's behalf with regard to collective bargaining negotiations. They have no authority in actually formulating the policy of the Largo Fire Department. If a fire fighter wants to change his schedule or get time off, he would submit a request to a lieutenant or a captain, depending on who was on duty that day. If both were on duty, he would go to a lieutenant.

   
   

6. Fire Inspectors - With respect to inspectors, the petitioner simply submitted the job classification contained in Exhibit No. 6 and suggested that none of the tasks enumerated therein meet the statutory criteria of management employees of F.S. Ch. 447. As noted above, it was the City's position that inspectors do not share a community of interest with line personnel that are

   responsible for fire suppression in that they do not work the same shift and their duties are primarily fire code enforcement rather than fire combat.

   
   

7. Dispatchers - The primary duties of dispatchers are to receive and dispatch fire and emergency calls. They dispatch calls solely for the fire department and do not dispatch for the police department or any other city agency. Another of their duties is to maintain files on equipment usage. Dispatchers work eight-hour shifts and eat with the fire fighters when a meal is served during their eight-hour shift. Their uniform is the same as the fire fighters. When a dispatcher is absent from work, a fire fighter fills in for him; although a dispatcher would never fill in for a fire fighter. Dispatchers have nothing to do with formulating policies of the department nor with preparing or administering the budget. They would not assist management in collective bargaining negotiations. Dispatchers are immediately responsible to the lieutenant, then the captain and on up the line of command.

   
   

8. One of the four dispatchers of the Largo Fire Department is presently a member of and is represented by the Largo Employees Association, which presently has a collective bargaining agreement with the City. (Exhibit No. 5) This agreement includes public safety dispatchers in the unit. At the time of the hearing the LEA had not yet been certified by PERC. The one dispatcher who testified would prefer to be represented by petitioner, rather than the LEA.

   
   

9. Fire Fighters and Chief - As noted above in the introduction, the parties stipulated that fire fighters were properly included in the proposed unit and that the chief is properly excluded from the unit.

   
   

10. Recognition history - In the first letter from petitioner's president to the City Manager, recognition was requested for a unit consisting of captains, lieutenants and fire fighters. After the petitioner first spoke to representatives of the City regarding the bargaining unit, the staff assistant to the City Manager first recommended to the Manager that a unit consisting of fire fighters and lieutenants be approved. The City Commission questioned the inclusion of lieutenants. At that point, communications apparently broke down and unfair labor practice charges were filed by both the petitioner and the City. Their charges were subsequently dismissed. After that the petitioner filed its petition for Certification of Representation requesting inclusion of assistant chiefs, captains, inspectors and dispatchers, in addition to lieutenants and fire fighters, since the issue would then be before PERC and PERC could then rule on everybody once and for all. Although petitioner's constitution and by-laws speaks of a unit consisting of the ranks of captain, lieutenant and fire fighter, the same is in the process of being amended.

In accordance with F.S. Section 447.307(3)(a) and F.A.C. Rule 8H-3.23, no recommendations are submitted.

DONE and ENTERED this 18th day of November, 1975, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

G.R. McClelland, Esquire City Attorney

City Hall

Largo, Florida 33540

Mr. Robert Jewell City Hall

Largo, Florida 33540

Terry A. Furnell

501 South Fort Harrison Clearwater, Florida 33516

Mr. Barry Burkhart

2320 East Bay Drive, No. 135

Clearwater, Florida 33516

Mrs. Lawrence C. Black

152 8th Avenue Southwest Largo, Florida 33540

Docket for Case No: 75-001232

Orders for Case No: 75-001232