Florida District Courts of Appeal, 1998

Hillsborough Area Regional Transit Authority v. Amalgamated Transit Union Local 1593

Hillsborough Area Regional Transit Authority v. Amalgamated Transit Union Local 1593
Florida District Courts of Appeal · Decided November 19, 1998 · Booth, Nortwick, Padovano
720 So. 2d 1160; 162 L.R.R.M. (BNA) 2410; 1998 Fla. App. LEXIS 14711; 1998 WL 798829 (Southern Reporter, Second Series)

Hillsborough Area Regional Transit Authority v. Amalgamated Transit Union Local 1593

Opinion of the Court

PER CURIAM.

Hillsborough Area Regional Transit Authority appeals a final order of the Public Employees Relations Commission adjudicating several unfair labor practice charges raised by both the Authority and the Union, We find no reversible error as to any issue raised on appeal and briefly address only the Authority’s argument that the Commission erred in deciding that the Union had not bargained in bad faith.

In Duval County Sch. Bd. v. Florida Pub. Employees Relations Comm’n, 353 So.2d 1244, 1248 (Fla. 1st DCA 1978), this court held that “[wjhether a party bargains in good or bad faith is a factual determination based on the circumstances of the particular case.” We cannot set aside or remand an agency’s order which depends on factual findings that are supported by competent substantial evidence. See Pasco County Sch. Bd. v. Florida Pub. Employees Relations Comm’n, 353 So.2d 108 (Fla. 1st DCA 1977). Given the applicable standard of review, we must accept the Commission’s conclusion that the Union did not bargain in bad faith. It matters not that some of the evidence may support a contrary view.

Affirmed.

BOOTH, VAN NORTWICK and PADOVANO, JJ., Concur.

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