City of Monticello v. Monticello Professional Fire Fighters Ass'n, Local 3095, IAFF
City of Monticello v. Monticello Professional Fire Fighters Ass'n, Local 3095, IAFF
Opinion of the Court
The appellant appeals from an order
Appellant asks this court to determine whether a city’s decision to abolish its paid fire department and replace it with a volunteer department is a management decision or a mandatory subject of bargaining. In view of the above referred findings of the hearing officer and PERC, we decline — as did PERC — to issue what would amount to an advisory opinion on that sub
We therefore affirm the subject order. We also affirm the order’s award of a reasonable attorney’s fee and costs in favor of the appellee.
. This order is reported at 15 FPER para. 20225 (1989). The decretal portion thereof is set forth as follows:
The City of Monticello is hereby ORDERED to:
1. Cease and desist from:
a. abolishing its paid fire department due to employees' participation in activities protected by Chapter 447, Part II, Florida Statutes.
b. in any like or related manner interfering with, restraining or coercing its employees in their exercise of rights guaranteed under Chapter 447, Part II, Florida Statutes.
2. Take the following affirmative action:
a. restore the status quo with regard to its fire department by making collective bargaining unit employees whole who have lost pay since the fire department was dissolved on March 1, 1989, and offer to all bargaining unit employees who were terminated, immediate and full reinstatement to their former positions or to substantial equivalent positions without prejudice to their seniority or any other rights and privileges, and make them whole for any loss of earnings suffered as a result of their termination.
b. upon request, meet with the representatives of the Monticello Professional Fire Fighters Association, Local 3095, IAFF, for the purposes of collective bargaining.
c. pay to Monticello Professional Fire Fighters Association, Local 3095, IAFF, its reasonable costs and attorney’s fees incurred in litigating this case.
d. post for sixty (60) days where notices to employees are customarily posted, copies of a notice to employees furnished by the Commission stating that the City of Monticello will take the above-stated action.
e. notify the Commission in writing within twenty (20) calendar days from the date of this order of the steps that have been taken to comply therewith.
PERC subsequently denied appellant’s motion for reconsideration in an order reported at 15 FPER para. 20281, an order which adequately addressed appellant’s expressed concern.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.