AMALGAMATED TRANSIT UNION,

LOCAL 1593,

Appellant,

v. CASE NO.: 98-02848

(PERC Case No.: CA-97-093)

HILLSBOROUGH AREA REGIONAL

TRANSIT AUTHORITY,

Appellee.

/

APPELLEE'S MOTION FOR ENLARGEMENT

OF TIME TO FILE ANSWER BRIEF

COMES NOW, Hillsborough Area Regional Transit Authority, by and through its undersigned counsel, and pursuant to Rule 9.300 of the Florida Rules of Appellate Procedure, hereby moves the Court for an enlargement of time to file its Answer Brief in this action and specifically asks until November 13, 1998, to file said Brief. In support hereof, Appellant states the following:

1. Notice of Appeal was filed seeking review of a decision by the Public Employees Relations Commission ("PERC") finding that Appellee did not commit an unfair labor practice since subcontracting is an inherent management right under §447.209, Fla. Stat. (1997). Cross Notice of Appeal was filed seeking review of that portion of PERC's order finding that Appellee committed an unfair labor practice by insisting to impasse involving the past practice clause.

2. Appellant's Initial brief in this matter was served by U.S. Mail on October 5, 1998.

3. A lengthy amicus brief has been filed on behalf of three (3) other organizations.

4. Appellee's Answer brief is due to be filed on October 30, 1998.

5. Undersigned counsel needs the additional time due to prior commitments that impact counsel's ability to complete the brief. For example, counsel has oral argument before the First District Court of Appeals on Tuesday, October 27, 1998, in another case involving these same parties, Hillsborough Area Regional Transit Authority v. Amalgamated Transit Union Local 1593, Case No.: 98-00285.

6. The issues before the Court are of first impression and extensive research is required to properly address all issues. Appellant respectfully requests an enlargement of time sufficient to permit it to properly prepare its Answer brief. An extension until November 13, 1998, would not unduly delay these proceedings and there would be no prejudice to the parties.

7. Undersigned counsel has contacted counsel for Appellant, who has advised that he objects to the granting of this extension.

WHEREFORE, Appellee respectfully requests until November 13, 1998, in which to file its Answer brief in this action.

Dated: October 29, 1998 Respectfully submitted,

Mark E. Levitt, Esquire

Florida Bar No. 193190

Brian Koji

Florida Bar No. 0116297

ALLEN, NORTON & BLUE, P.A.

324 South Hyde Park Avenue, Suite 350

Tampa, Florida 33606

Tel: (813) 251-1210

Fax: (813) 253-2006

Attorney for Appellee

I HEREBY CERTIFY that a true and correct copies of the foregoing were served upon Frank E. Hamilton, III. Frank Hamilton & Associates, P.A., 2620 W. Kennedy Blvd., Tampa, Florida 33609, and Stephen A. Meck, General Counsel, Public Employees Relations Commission, Koger Executive Center, Turner Building, Suite 100, 2586 Seagate Drive, Tallahassee, Florida 32301-5032, on October 29, 1998.

Attorney