STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

INTERNATIONAL UNION OF OPERATING ) ENGINEERS, LOCAL NO. 675, )

)

Petitioner, )

)

vs. ) CASE NO. 76-667

) PERC NO. 8H-RC-763-0041 LEE COUNTY EMERGENCY MEDICAL )

SERVICE, )

)

Public Employer. )

)

RECOMMENDED ORDER

This hearing was convened at 9:30 a.m., June 29, 1976, in Courtroom D, Lee County Courthouse, Fort Myers, Florida. This matter concerned a Petition filed on behalf of Local 675, International Union of Operating Engineers to the Public Employees Relations Commission seeking the recognition of a bargaining unit under Chapter 447, Florida Statutes.

APPEARANCES

For Petitioner: FRANK E. HAMILTON, III, ESQUIRE

Hamilton, Douglas & Bennett, P.A. Courthouse Square Building

200 Southeast Sixth Street Suite 204

Fort Lauderdale, Florida 33301

For Public JAMES G. YAEGER, ESQUIRE

Employer: Assistant County Attorney

County of Lee

Post Office Box 398

Fort Myers, Florida 33902

1. The Petitioner seeks to represent all employees of the Emergency Medical Service. Those employees were listed on Employer's Exhibit No. 1. The Public Employer filed a Petition for determination of managerial and confidential status which was received by this Hearing Officer and which is being forwarded to the Public Employees Relations Commission without comment. Further, the Public Employer filed a Motion To Strike Authorization Cards Of Workers Hired Pursuant To The Comprehensive Employment And Training Act Of 1972 And To Exclude CETA Workers From A Bargaining Unit. Said Motion is hereby denied. Certain exhibits were introduced into evidence which contained job descriptions of positions in the Emergency Medical Department. They were Employer's Exhibit No. 2, Job Description for Captain of Logistics; Employer's Exhibit No. 3, Ambulance Operation Captain; Employer's Exhibit No. 4, Training Officer-Ambulance; Employer's Exhibit No. 5, Shift Supervisor-Ambulance. The only areas of dispute were whether certain employees should be entitled to be

   members of a bargaining unit and whether a larger county wide unit would be more appropriate.

   
   

2. The first witness called for the Public Employer was Ray Dean, Chief, Lee County Department of Emergency Medical Services. Mr. Dean testified that his position was to formulate policies and procedures for the department and carry out the directions of the Board of County Commissioners regarding the operation and functioning of that department. Mr. Dean works directly under a division director, the Director of Protective Services. For a breakdown of this department within Lee County bureaucracy see Exhibit No. 8. The individual positions in the Department of Medical Services below Mr. Dean were: Captain of Logistics; Captain of Operations; Training Officer; and three Shift Commanders. The remainder of this department's employees were either paramedics or ambulance attendants classified as EMT-I (paramedics are EMT-II). Emergency Medical Technicians work shifts: 24 hours on and 48 hours off. They wear uniforms on duty. Also, the Department of Emergency Medical Services employ clerks, janitor, etc. EMS employees share in all benefits that are common to county employees.

   
   

3. The Captain of Logistics and Captain of Operations evaluate for promotions, take some part in personnel administration and have the authority to suspend employees until the chief takes further action. They give oral and written reprimands and can reassign men and equipment where needed. Mr. Dean testified that the Captain of Logistics formulates policies dealing with paramedics and training and the Captain of Operations formulates policies and procedures dealing with the day to day operations of the department. The Lieutenant-Training Officer is in charge of all phases of training in the department. Generally, the Lieutenant-Training Officer is in charge of all phases of training new employees and those already on the staff. This includes disciplining the men under his control, assigning over time, issuing reprimands when necessary and other logical aspects of what one might expect would be necessary in conducting training operations. A Lieutenant-Staff Supervisor works a 24 hour shift and is in charge of the crew on that shift. He is in charge of the time sheets for the men on this shift and can designate where the men are assigned to best cover the area under that shift's responsibility. He makes inspections of the equipment, station and the employees' appearance while on duty, writes evaluation reports of the employees on his shift, has the authority to suspend, if necessary, pending further action of the chief.

   
   

4. The budget for the department is prepared by the chief and then submitted to the division director who in turn submits it to the County Administrator to be put before the Board of County Commissioners in their budget hearing. The chief testified that he prepares his budget by evaluating the present workload of the department and trying to project it against the expected growth of Lee County and tries to make an estimate as to what the expected workload will be for the forthcoming year. Also, evaluations of equipment needs are made and projected into the budget.

   
   

5. After this testimony as to the functions of those employees above described was completed, the county then presented evidence through Lavonne Wisher, County Administrator for Lee County. The gist of Ms. Wisher's testimony concerned how the Department of Emergency Medical Services fit into other county' officers and how from the county's point of view it would be desirable to have the Emergency Medical Service employees belong to a larger county wide unit. Employer's Exhibits 6 through 13 were admitted which are current diagrams of the organization of Lee County government. The gist of Ms. Wisher's testimony was that there were many groups of county employees that had technical

training and would be compatible in a basic county wide unit which could include the Emergency Medical Service's employees. Ms. Wisher believed that such a unit would be more efficient to deal with from the county's point of view and more desirable from an administrative point of view. No showing was made that any of these other county employees had a community of interest with the Petitioner.

Ms. Wisher's testimony was of a very general nature.

No testimony was presented on behalf of the Petitioner.

Respectfully submitted this 2nd day of August, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

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

(904) 488-9675

COPIES FURNISHED:

Frank E. Hamilton, III, Esquire Hamilton, Douglas Bennett, P.A. Courthouse Square Building

200 Southeast Sixth Street Suite 204

Fort Lauderdale, Florida 33301

James G. Yaeger, Esquire Assistant County Attorney County of Lee

Post Office Box 398

Fort Myers, Florida 33902

Curtis Mack, Chairman

Public Employees Relations Commission Suite 300, 2003 Apalachee Parkway

Tallahassee, Florida 32301

Docket for Case No: 76-000667

Orders for Case No: 76-000667