Narrative Opinion Summary
Hillsborough Area Regional Transit Authority appeals a final order from the Public Employees Relations Commission (PERC) regarding unfair labor practice charges filed by both the Authority and the Union. The court finds no reversible errors in the issues raised on appeal. Specifically, the Authority contends that PERC erred by determining that the Union did not engage in bad faith bargaining. Citing Duval County School Board v. Florida Public Employees Relations Commission, the court emphasizes that the determination of good or bad faith in bargaining is a factual one, reliant on the specific circumstances of the case. As such, the court cannot overturn or remand the agency’s order based on factual findings that are supported by competent substantial evidence. Consequently, the court upholds PERC's conclusion that the Union did not bargain in bad faith, regardless of any evidence that might suggest otherwise. The order is affirmed with all judges concurring.
Legal Issues Addressed
Affirmance of Agency Orderssubscribe to see similar legal issues
Application: The court affirms the agency's order when no reversible errors are found in the issues raised on appeal, upholding PERC's conclusion regarding the Union's bargaining conduct.
Reasoning: The order is affirmed with all judges concurring.
Good Faith Bargaining Evaluationsubscribe to see similar legal issues
Application: The determination of whether the Union engaged in good faith bargaining is deemed a factual issue reliant on the specific circumstances presented, which the court defers to the agency's judgment.
Reasoning: Citing Duval County School Board v. Florida Public Employees Relations Commission, the court emphasizes that the determination of good or bad faith in bargaining is a factual one, reliant on the specific circumstances of the case.
Standard of Review for Factual Determinationssubscribe to see similar legal issues
Application: The court applies a standard of review that does not allow overturning agency orders based on factual findings if those findings are supported by competent substantial evidence.
Reasoning: The court cannot overturn or remand the agency’s order based on factual findings that are supported by competent substantial evidence.