CITY OF ORLANDO, APPELLANT,
v.
ORLANDO PROFESSIONAL FIRE FIGHTERS LOCAL 1365, APPELLEE

Fla. 5th DCA | 1983-10-20
No. 83-195
SHARP, J., and MIZE, Associate Judge, concur.
442 So. 2d 238 Florida District Court of Appeal, Fifth District (1983) Positive Treatment
Cited by 4 cases
Topics
Unfair Labor Practice Charge Unfair Labor Practice

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from an order of the Florida Public Employees Relations Commission which resulted from an unfair labor practice charge filed by the Fire Fighters Union against the city.

The fire fighters allege it is an unfair labor practice for the city to refuse to allow the employees to have a voice in the crite ria and standards to be applied in the selection of persons to serve as Captains in the fire department. The city says it is not an unfair labor practice. Because captains are managerial and supervisory personnel it is solely within the discretion of the employer, so says the city, as to who is selected to so serve. A well-reasoned opinion authored by Judge Orfinger issued from this court regarding the same issue as it applies to police lieutenants in City of Orlando v. Orange County Police Benevolent Association, 435 So. 2d 275 (1983, Fla. 5th DCA). We adopt the reasoning and result of that decision and thus reverse the order. The matter is remanded to the Commission with directions to dismiss the unfair labor practice charge.

REVERSED and REMANDED.

SHARP, J., and MIZE, Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Pub. Emps. Relations Comm'n v. City OF Orlando, 452 So. 2d 517 (Fla. 1984)
    …remanded with directions to dismiss the unfair labor practice charge arising out of the city’s failure to bargain over standards for promotion to captain in the city fire department. City of Orlando v. Orlando Professional Fire Fighters Local 1365, 442 So. 2d 238 (Fla. 5th DCA 1983), review denied, 450 So. 2d 487, No. 64,524 (Fla. Apr. 23, 1984).…
  • City OF Jacksonville v. Jacksonville Supervisor's Ass'n, Inc., 791 So. 2d 508 (Fla. 1st DCA 2001)
    …outside a rank-and-file bargaining unit is non-negotiable as a management right and outside the definition of “terms and conditions of employment” of members of the bargaining unit. City of Orlando v. Orlando Professional Fire Fighters, Local 1365, 442 So. 2d 238 (Fla. 5th DCA 1983), rev’g 9 FPER ¶ 14076 (1983); City of Orlando v. PERC, 435 So. 2d 275 (Fla. 5th DCA 1983), rev’g 8 FPER ¶ 13045 (1981). However, the ability to abolish bargaining unit positions and promote employees to supervisory classificatio…

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