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The Florida Senate

2012 Florida Statutes

Title XXXI LABOR
Chapter 447 LABOR ORGANIZATIONS Entire Chapter
SECTION 403
Resolution of impasses.
F.S. 447.403
1447.403 Resolution of impasses.—
(1) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, an impasse shall be deemed to have occurred when one of the parties so declares in writing to the other party and to the commission. When an impasse occurs, the public employer or the bargaining agent, or both parties acting jointly, may appoint, or secure the appointment of, a mediator to assist in the resolution of the impasse. If the Governor is the public employer, no mediator shall be appointed.
(2)(a) If no mediator is appointed, or upon the request of either party, the commission shall appoint, and submit all unresolved issues to, a special magistrate acceptable to both parties. If the parties are unable to agree on the appointment of a special magistrate, the commission shall appoint, in its discretion, a qualified special magistrate. However, if the parties agree in writing to waive the appointment of a special magistrate, the parties may proceed directly to resolution of the impasse by the legislative body pursuant to paragraph (4)(d). Nothing in this section precludes the parties from using the services of a mediator at any time during the conduct of collective bargaining.
(b) If the Governor is the public employer, no special magistrate shall be appointed. The parties may proceed directly to the Legislature for resolution of the impasse pursuant to paragraph (4)(d).
(3) The special magistrate shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute, and to render a decision on any and all unresolved contract issues. The hearings shall be held at times, dates, and places to be established by the special magistrate in accordance with rules promulgated by the commission. The special magistrate shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on his or her own behalf. Within 15 calendar days after the close of the final hearing, the special magistrate shall transmit his or her recommended decision to the commission and to the representatives of both parties by registered mail, return receipt requested. Such recommended decision shall be discussed by the parties, and each recommendation of the special magistrate shall be deemed approved by both parties unless specifically rejected by either party by written notice filed with the commission within 20 calendar days after the date the party received the special magistrate’s recommended decision. The written notice shall include a statement of the cause for each rejection and shall be served upon the other party.
(4) If either the public employer or the employee organization does not accept, in whole or in part, the recommended decision of the special magistrate:
(a) The chief executive officer of the governmental entity involved shall, within 10 days after rejection of a recommendation of the special magistrate, submit to the legislative body of the governmental entity involved a copy of the findings of fact and recommended decision of the special magistrate, together with the chief executive officer’s recommendations for settling the disputed impasse issues. The chief executive officer shall also transmit his or her recommendations to the employee organization;
(b) The employee organization shall submit its recommendations for settling the disputed impasse issues to such legislative body and to the chief executive officer;
(c) The legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the rejected recommendations of the special magistrate;
(d) Thereafter, the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues; and
(e) Following the resolution of the disputed impasse issues by the legislative body, the parties shall reduce to writing an agreement which includes those issues agreed to by the parties and those disputed impasse issues resolved by the legislative body’s action taken pursuant to paragraph (d). The agreement shall be signed by the chief executive officer and the bargaining agent and shall be submitted to the public employer and to the public employees who are members of the bargaining unit for ratification. If such agreement is not ratified by all parties, pursuant to the provisions of s. 447.309, the legislative body’s action taken pursuant to the provisions of paragraph (d) shall take effect as of the date of such legislative body’s action for the remainder of the first fiscal year which was the subject of negotiations; however, the legislative body’s action shall not take effect with respect to those disputed impasse issues which establish the language of contractual provisions which could have no effect in the absence of a ratified agreement, including, but not limited to, preambles, recognition clauses, and duration clauses.
(5)(a) Within 5 days after the beginning of the impasse period in accordance with s. 216.163(6), each party shall notify the President of the Senate and the Speaker of the House of Representatives as to all unresolved issues. Upon receipt of the notification, the presiding officers shall appoint a joint select committee to review the position of the parties and render a recommended resolution of all issues remaining at impasse. The recommended resolution shall be returned by the joint select committee to the presiding officers not later than 10 days prior to the date upon which the legislative session is scheduled to commence. During the legislative session, the Legislature shall take action in accordance with this section.
(b) Any actions taken by the Legislature shall bind the parties in accordance with paragraph (4)(c).
History.—s. 3, ch. 74-100; s. 15, ch. 77-343; s. 192, ch. 79-400; s. 1, ch. 80-367; s. 1, ch. 84-228; s. 157, ch. 97-103; s. 44, ch. 2001-43; s. 1008, ch. 2002-387; s. 81, ch. 2004-11; s. 3, ch. 2007-3; s. 12, ch. 2011-37.
1Note.—Section 1, ch. 2012-132, provides that:

“Collective bargaining issues at impasse for the 2012-2013 fiscal year between the State of Florida and the certified representatives of the bargaining units for state employees shall be resolved as follows:

“(1) Collective bargaining issues at impasse between the State of Florida and the Teamsters Local Union No. 2011 regarding Article 3 ‘Vacant,’ Article 9 ‘Reassignment, Transfer, Change in Duty Station,’ Article 24 ‘On-call Assignment and Call-Back,’ Article 28 ‘Travel Expenses,’ and Article 32 ‘Entire Agreement’ shall be resolved pursuant to the state’s proposal dated December 5, 2011. Article 23 ‘Hours of Work/Overtime’ shall be resolved pursuant to the state’s proposal dated March 7, 2012.

“(2) Collective bargaining issues at impasse between the State of Florida and the Police Benevolent Association Florida Highway Patrol Unit regarding Article 5 ‘Employment Representation and PBA Activities’ shall be resolved pursuant to the state’s proposal dated December 5, 2011.

“(3) Collective bargaining issues at impasse between the State of Florida and the Police Benevolent Association Law Enforcement Unit regarding Article 5 ‘Employment Representation and PBA Activities’ shall be resolved pursuant to the state’s proposal dated December 5, 2011.

“(4) Collective bargaining issues at impasse between the State of Florida and the Police Benevolent Association Special Agent Unit regarding Article 5 ‘Employment Representation and Association Activities’ and Article 31 ‘Prevailing Rights’ shall be resolved pursuant to the state’s proposal dated December 5, 2011.

“(5) Collective bargaining issues at impasse between the State of Florida and the Florida State Fire Service Association regarding Article 1 ‘Recognition,’ Article 2 ‘Gender Reference,’ Article 3 ‘Vacant,’ Article 5 ‘Representation Rights,’ Article 6 ‘Grievance Procedures,’ Article 7 ‘Disciplinary Action,’ Article 8 ‘Workforce Reductions,’ Article 9 ‘Voluntary Reassignment, Transfer, Change in Duty Station and Promotions,’ Article 10 ‘Occupation Profiles/Rules Maintained/Documentation,’ Article 11 ‘Classification Review,’ Article 12 ‘Personnel Records,’ Article 13 ‘Health and Welfare,’ Article 14 ‘State Vehicles and Vessels,’ Article 15 ‘Probationary Status,’ Article 16 ‘Retirement,’ Article 17 ‘Allowances and Reimbursements,’ Article 18 ‘Leaves of Absence,’ Article 20 ‘Training and Education,’ Article 21 ‘Committees,’ Article 24 ‘On-Call Assignment, Call-Back and Residency,’ Article 26 ‘Vacant,’ Article 27 ‘Uniforms,’ Article 30 ‘Prevailing Rights,’ Article 32 ‘Entire Agreement,’ and Article 33 ‘Savings Clause’ shall be resolved pursuant to the state’s proposal dated December 5, 2011. Article 23 ‘Hours of Work and Overtime’ shall be resolved by the state’s proposal dated February 16, 2012.

“(6) Collective bargaining issues at impasse between the State of Florida and the American Federation of State, County and Municipal Employees, Florida, Council 79 regarding Article 9 ‘Vacant’ and Article 10 ‘Vacant’ shall be resolved pursuant to the state’s proposal dated December 5, 2011. Article 27 ‘Health Insurance’ shall be resolved pursuant to the state’s proposal dated March 2, 2012.

“(7) Collective bargaining issues at impasse between the State of Florida and the Federation of Physicians and Dentists Selected Exempt Service (SES) Supervisory Non-Professional Unit regarding Article 2 ‘Gender Reference,’ Article 3 ‘Vacant,’ Article 4 ‘No Discrimination,’ Article 5 ‘Union Activities and Employee Representation,’ Article 6 ‘Grievance Procedure,’ Article 7 ‘Employee Standards of Conduct,’ Article 8 ‘Employee Rights,’ Article 9 ‘Vacant,’ Article 10 ‘Career Opportunities,’ Article 11 ‘Classification and Pay Plan,’ Article 12 ‘Personnel File,’ Article 13 ‘Safety,’ Article 14 ‘Review and Performance Evaluations,’ Article 15 ‘Scope of Professional Responsibilities,’ Article 16 ‘Employment Outside State Government,’ Article 17 ‘Drug Testing,’ Article 18 ‘Hours of Work/Overtime & Leaves of Absence,’ Article 19 ‘Holidays,’ Article 20 ‘Training,’ Article 21 ‘Travel Expenses,’ Article 22 ‘Replacement of Personal Property,’ Article 24 ‘Call Back,’ Article 26 ‘Printing of the Agreement,’ Article 27 ‘Vacant,’ Article 28 ‘Management Rights,’ Article 29 ‘Entire Agreement,’ and Article 30 ‘Savings Clause’ shall be resolved pursuant to the state’s proposal dated December 5, 2011. Article 23 ‘Insurance Benefits’ shall be resolved pursuant to the state’s proposal dated March 2, 2012.

“(8) Collective bargaining issues at impasse between the State of Florida and the Federation of Physicians and Dentists Selected Exempt Service (SES) Supervisory Physicians Unit regarding Article 2 ‘Gender Reference,’ Article 3 ‘Vacant,’ Article 4 ‘No Discrimination,’ Article 5 ‘Employee Rights, Management and Union Communications,’ Article 6 ‘Grievance Procedure,’ Article 7 ‘Employee Standards of Conduct and Performance,’ Article 8 ‘Termination Due to a Reduction in Force and Recall,’ Article 9 ‘Reassignment,’ Article 10 ‘Classification and Pay Plan,’ Article 11 ‘Classification Review and Professional Practice Scope,’ Article 12 ‘Personnel Records,’ Article 13 ‘Safety,’ Article 14 ‘Replacement of Personal Property,’ Article 15 ‘Drug Testing,’ Article 16 ‘Leaves of Absence, Hours of Work,’ Article 17 ‘Training and Education,’ Article 20 ‘Per Diem and Travel Expenses,’ Article 21 ‘Pay Plan and Classification of Work,’ Article 22 ‘Vacant,’ Article 23 ‘Management Rights,’ Article 24 ‘Entire Agreement,’ and Article 25 ‘Savings Clause’ shall be resolved pursuant to the state’s proposal dated December 5, 2011. Article 19 ‘Insurance Benefits’ shall be resolved pursuant to the state’s proposal dated March 2, 2012.

“(9) Collective bargaining issues at impasse between the State of Florida and the Federation of Physicians and Dentists State Employees Attorneys Guild regarding Article 2 ‘Gender Reference,’ Article 3 ‘Vacant,’ Article 4 ‘No Discrimination,’ Article 5 ‘Employee Rights, Management and Union Communications,’ Article 6 ‘Grievance Procedure,’ Article 7 ‘Employee Standards of Conduct and Performance,’ Article 8 ‘Workforce Reduction,’ Article 9 ‘Employment Opportunities,’ Article 10 ‘Classification and Pay Plan,’ Article 11 ‘Classification Review and Professional Practice Scope,’ Article 12 ‘Personnel Records,’ Article 13 ‘Safety,’ Article 14 ‘Replacement of Personal Property,’ Article 16 ‘Hours of Work and Employee Leave,’ Article 17 ‘Training and Education,’ Article 20 ‘Per Diem and Travel Expenses,’ Article 21 ‘Employment Outside State Government,’ Article 22 ‘Vacant,’ Article 23 ‘Management Rights,’ Article 24 ‘Entire Agreement,’ and Article 25 ‘Savings Clause’ shall be resolved pursuant to the state’s proposal dated December 5, 2011. Article 19 ‘Insurance Benefits’ shall be resolved pursuant to the state’s proposal dated March 2, 2012.

“(10) Collective bargaining issues at impasse between the Department of the Lottery and the Federation of Public Employees regarding Article 17 ‘Insurance and Benefits’ shall be resolved pursuant to the state’s proposal dated December 9, 2011.

“All other mandatory collective bargaining issues at impasse for the 2012-2013 fiscal year that are not addressed by this act or the General Appropriations Act for the 2012-2013 fiscal year shall be resolved consistent with the personnel rules in effect on March 1, 2012, and by otherwise maintaining the status quo under the language of the applicable current collective bargaining agreements.”