STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA POLICE BENEVOLENT )

ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-020

) PERC NO. 8H-RC-756-2247

SARASOTA-MANATEE AIRPORT )

AUTHORITY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause at Sarasota, Florida on March 9, 1976.

APPEARANCES

For Petitioner: Toby Hockett, Esquire

and Larry Spalding, Esquire

46 North Washington Boulevard Sarasota, Florida 33581

For Respondent: Steven D. Merryday, Esquire

HOLLAND & KNIGHT

245 South Central Avenue Bartow, Florida 33803

SUMMARY OF PROCEEDINGS

At the beginning of the hearing, the original petition of the Police Benevolent Association; the Affidavit of Compliance for Registration of Employee Organization; and the Affidavit of Compliance for the Required Showing of Interest were admitted into evidence as Exhibits 1, 2 and 3 respectively. The Petitioner stated that the correct name of the Petitioner is the Sarasota County Police Benevolent Association, Inc. Thereafter both parties stipulated that the union is an employee organization and that the Airport Authority is a Public Employer as defined by Chapter 447, Florida Statutes. They further stipulated that the Police Benevolent Association had requested recognition and that the Public Employer had refused to recognize them.

The Petitioner's position is that the six airport security officers employed by the Public Employer constitute an appropriate bargaining unit. The Public Employer took the position that the six existing security guards at the airport do not constitute an appropriate bargaining unit. The Public Employer contends that the appropriate bargaining unit would consist of additional employees that are presently undergoing training for work at the airport.

Two witnesses testified on behalf of the Public Employer and one witness testified on behalf of the Petitioner. Exhibits 4, 5, 6, and 7 submitted by the Public Employer were admitted into evidence. These contain the specifications for pre-employment medical and physical examinations required for fire fighters at the airport; a copy of 14 CFR 107, Airport Security Requirements; 14 CFR 139, Certification of CAB Certified Air Carrier Requirements; and a series of letters to and from the airport authority.

In response to the airport security problems created by hijackers in 1971 and 1972, Exhibit 5 was enacted by the Federal Aviation Authority (FAA). This required security guards at the embarkation points at airports. As a result of these regulations the airport security personnel, the subject of this hearing, were employed. These people are sworn personnel who have the authority to make arrests on airport property only. They carry guns and handcuffs, but do not carry billy clubs or other normal police accessories.

Security requirements of the FAA include perimeter fencing. In addition certification requirements for airports handling CAB certified carriers were enacted in Exhibit 6. These requirements include a fire fighting and crash rescue capability.

In order to comply with these requirements the airport authority has embarked upon a program to provide fire fighting training, rescue training, security training, and paramedical training for the personnel to be employed at the airport. The fire fighting and rescue personnel are required by Exhibit 6. The paramedical requirements are not mandatory. In view of the large number of elderly persons using the Sarasota-Manatee Airport, the airport authority decided to include in their training program the paramedical training to facilitate medical emergencies involving these elderly people. The airport authority is presently training the first seven trainees to operate fire fighting equipment required at the airport. The equipment is not presently available and the airport authority has obtained waivers of this requirement from the FAA pending the arrival of the equipment. The final two pieces of fire fighting equipment are expected to arrive in July and August, 1976, and at that time trained personnel must be available for manning this equipment. In order to optimize the use of personnel the airport authority has started a program that includes the training of fire fighters, security personnel and paramedical personnel for all of the employees required to meet Federal Regulations. They will form a Safety and Security Unit. Upon completion of the training and upon the arrival of the equipment the airport will have 15 Safety and Security personnel trained for the purpose of providing the security at the boarding areas, and the fire fighting and crash rescue facilities for emergencies on the field. At that time the existing security guards will no longer be used. Those existing security personnel who desire to be trained in the fire fighting procedures and who are physically qualified to be so trained will be offered the opportunity to go through the training regimen that the seven trainees are now undergoing.

The airport presently operates two shifts per day. The security personnel work a two-man shift. They control the access areas while the boarding passengers and their luggage are being searched by contract personnel. They do not perform any part of the search and are only present to assist in the event of recalcitrant passengers or luggage containing unauthorized material. When the fifteen total trainees have completed their training the airport authority will have five men on a shift. Two of these personnel will act as security guards, the other three will be on stand-by to man the fire fighting and rescue equipment. These personnel will be rotated to the various jobs involving

security, fire fighting, rescue, and paramedical duties as all will be trained to perform all of these functions. A minimum of three persons are required to man the crash fire fighting equipment. In the event there are no passengers boarding planes during an emergency, the other two personnel normally assigned to security duties would be available to assist in manning the back-up equipment for the fire fighting.

The position of the airport authority is that, since five people will be required to man all of the fire-fighting equipment that is required for an airport handling certificated air carriers, by training these people to perform fire fighting as well as security functions they can effect a considerable saving to the airport authority.

Although the training of the initial seven trainees was not instituted until March 1, 1976, the budget for this training was approved by the authority for the fiscal year beginning October, 1975.

The existing security officers, in addition to manning the embarkation areas, are also called upon, when no airplanes are at the loading area, to man the gates of the perimeter fence in the event of an emergency condition on the airport to prevent the entry of unauthorized persons to the scene of the emergency.

From the evidence presented it would appear that the recognition of the existing security personnel at the present time would be premature since that job description will no longer be in existance in July, 1976. By the time this petition is processed and election time and procedures established the title of the petitioning security guards will not exist at the Sarasota-Manatee Airport. In accordance with s447.09(3) Florida Statutes, no recommendations are submitted.

ENTERED this 13th day of April, 1976 in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 76-000020

Orders for Case No: 76-000020