The District Court of Appeal of Florida has upheld a decision regarding the bargaining unit classifications for fire fighters in Orlando. This ruling affects the Orlando Professional Fire Fighters, Local 1365, and the Service Employees International Union (SEIU). The case centers around the classification of new emergency medical technician and paramedic positions created by the City of Orlando.
The court ruled on April 23, 2021, in case number 1D20-0358, affirming the Public Employees Relations Commission's (PERC) dismissal of a petition filed by the Orlando Professional Fire Fighters. This decision is significant as it clarifies how newly created job classifications can be assigned to existing bargaining units.
The Orlando Professional Fire Fighters, Local 1365, represents a group of fire suppression employees in Orlando. The dispute arose after the City of Orlando created two new civilian classifications: civilian emergency medical technician and civilian paramedic in November 2018. The SEIU, which represents non-supervisory, white-collar employees, successfully petitioned PERC to include these classifications in its bargaining unit in June 2019.
In September 2019, the Orlando Professional Fire Fighters filed a unit clarification petition. They sought to separate the newly created classifications from the SEIU unit and include them in their own bargaining unit. The fire fighters argued that they had a pending grievance related to these classifications and claimed they were not notified of the SEIU proceedings. They believed that the classifications belonged in their unit rather than with the SEIU.
The hearing officer recommended that the petition be dismissed, and PERC adopted this recommendation. PERC found that the standard for severing classifications from a bargaining unit still applied, despite the fire fighters' claims of a lack of notice. The commission determined that the SEIU unit was still appropriate for the new classifications, as there were no compelling reasons to change this arrangement.
The court's ruling emphasized that the fire fighters did not provide sufficient evidence to show that the SEIU unit was inappropriate. The opinion stated, "The appellant has failed to show the SEIU unit was not appropriate." This indicates that the court upheld PERC's decision based on the evidence and standards applied.
The ruling also addressed the fire fighters' argument that PERC had departed from prior precedent. The court stated that while the absence of a bargaining history could be a factor, it did not automatically make the SEIU unit unworkable. The court noted, "Deference was appropriately afforded to PERC’s prior decision to add the classifications to the SEIU unit." This highlights the court's support for the commission's established practices in defining appropriate bargaining units.
The impact of this ruling is significant for labor relations in Florida. It clarifies how newly created job classifications can be integrated into existing bargaining units. This decision reinforces the authority of PERC in determining the appropriateness of bargaining units and provides guidance for future cases involving similar disputes.
The ruling also affects the relationships between unions and their members. It underscores the importance of established bargaining history and community of interest when determining the placement of new classifications. The decision may influence how unions approach negotiations and petitions in the future, particularly in cases involving newly created positions.
Looking ahead, the Orlando Professional Fire Fighters may consider their options for further action. The court's ruling can potentially be appealed, although details about any potential appeal were not available in the court filing. The outcome of this case could set a precedent for similar disputes involving labor unions and bargaining units in Florida.