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PALM BEACH COUNTY FIREFIGHTERS LOCAL 2928, I.A.F.F. v. CITY OF PALM BEACH GARDENS

No. 91-0791.

590 So.2d 50 (1991)

PALM BEACH COUNTY FIREFIGHTERS LOCAL 2928, I.A.F.F., Appellant, v. CITY OF PALM BEACH GARDENS, and Public Employees Relations Commission, Appellees.

District Court of Appeal of Florida, Fourth District.

December 27, 1991.

Attorney(s) appearing for the Case

Matthew J. Mierzwa, Jr., Kaplan & Bloom, P.A., West Palm Beach, for appellant.

Murray Hudson and Robert L. Norton, Hogg, Allen, Norton & Blue, P.A., Coral Gables, for appellee City of Palm Beach Gardens.

Jerry Cheatham, Deputy Gen. Counsel, Tallahassee, for appellee Public Employees Relations Com'n.

PER CURIAM.

We affirm. The Public Employees Relations Commission [PERC] determined that the actions of the firefighter in question were not protected under Chapter 447 of the Florida Statutes. That determination has historically been considered a question of law to be made by an agency and appellate courts must give due deference to the agency's decision. NLRB v. Datapoint Corp., 642 F.2d 123, 126-27 (5th Cir.1981). Moreover...

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