06-0364 CITY OF MARATHON V. PROFESSIONAL

State: Florida

Court: Florida Third District Court

Docket No: 06-0364 CITY OF MARATHON V. PROFESSIONAL

Case Date: 12/27/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2006

CITY OF MARATHON, Appellant, v. PROFESSIONAL FIREFIGHTERS OF MARATHON, INC., LOCAL 4396, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. EL-05-35 CASE NO. 3D06-364

Opinion filed December 27, 2006. An Appeal from a Final Agency Action of Florida Public Employees Relations Commission. the State of

Stearns Weaver Miller Weissler Alhadeff & Sitterson, and Joan M. Canny and John Herin, for appellant. Mierzwa & Associates, and Matthew J. Mierzwa, Jr., (Lake Worth), for appellee.

Before GERSTEN, RAMIREZ and ROTHENBERG, JJ. ROTHENBERG, Judge.

The City of Marathon ("City") appeals a final order issued by the State of Florida Public Employees Relations Commission ("Commission") denying the City's post-election petition,

verifying the election results, and certifying the Professional Firefighters Association collective unit. of of Marathon, Firefighters Inc., Local 4396, as International the exclusive bargaining

("Local

4396") of a

bargaining

representative

defined

Because we find that the Commission's interpretation of

its governing statutes and rules is not clearly erroneous and is supported by competent substantial evidence, we affirm. On April 1, 2005, Local 4396 filed with the Commission a representation-certification petition ("petition") seeking to

represent a defined bargaining unit of employees employed by the City. 1 section In support of the petition, and in accordance Local with 4396

447.307(2),

Florida

Statutes

(2005),

submitted, along with the petition, dated interest statements signed by at least thirty percent of the employees in the

proposed unit, reflecting their desire to be represented for The City is a public employer within the meaning of section 447.203(2), Florida Statutes (2005). Part II of Chapter 447 of the Florida Statutes (sections 447.201-447.609) grants public employees the right of organization and representation; requires the state, local governments, and other political subdivisions to negotiate with collective bargaining agents duly certified to represent public employees; creates the Public Employees Relations Commission; and recognizes the constitutional prohibition against strikes by public employees and provides remedies for violations of such prohibition. See

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