Senate Bill 1522

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    Florida Senate - 1999                                  SB 1522

    By Senator Holzendorf





    2-1238-99

  1                      A bill to be entitled

  2         An act relating to collective bargaining;

  3         amending s. 447.403, F.S.; revising procedures

  4         for resolving certain impasses; providing

  5         duties of parties; requiring a special master

  6         to hold public hearings under certain

  7         circumstances; requiring a legislative body to

  8         hold a public hearing under certain

  9         circumstances; providing duties of the Public

10         Employees Relations Commission; providing an

11         effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 447.403, Florida Statutes, is

16  amended to read:

17         447.403  Resolution of impasses.--

18         (1)  If, after a reasonable period of negotiation

19  concerning the terms and conditions of employment to be

20  incorporated in a collective bargaining agreement, a dispute

21  exists between a public employer and a bargaining agent, an

22  impasse shall be deemed to have occurred when one of the

23  parties so declares in writing to the other party and to the

24  commission.  Upon receipt of the formal declaration of an

25  impasse, the commission shall require both parties to submit

26  to the commission, in writing, immediately, the last and best

27  offers made during collective bargaining with regard to each

28  unresolved issue.  Upon receipt of such offers, the commission

29  shall transmit such offers to the respective opposing parties.

30  When an impasse occurs, the public employer or the bargaining

31  agent, or both parties acting jointly, may appoint, or secure

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    Florida Senate - 1999                                  SB 1522
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  1  the appointment of, a mediator to assist in the resolution of

  2  the impasse.

  3         (2)  If no mediator is appointed, or upon the request

  4  of either party, The commission shall appoint, and submit all

  5  unresolved issues to, a special master acceptable to both

  6  parties, within 30 calendar days after receipt of both

  7  parties' last and best offers.  If the parties are unable to

  8  agree on the appointment of a special master, the commission

  9  shall immediately appoint, in its discretion, a qualified

10  special master.  The commission shall submit such last and

11  best offers to the special master. However, if the parties

12  agree in writing to waive the appointment of a special master,

13  the parties may proceed directly to resolution of the impasse

14  by the legislative body pursuant to paragraph (4)(d).

15         (3)  Nothing in This section does not preclude

16  precludes the parties from using the services of a mediator at

17  any time during the conduct of collective bargaining.

18         (4)(3)  The special master shall set the hearings

19  within 30 calendar days after receiving such last and best

20  offers. Such hold hearings shall be held in order to define

21  the area or areas of dispute, to determine facts relating to

22  each unresolved issue, and the special master shall the

23  dispute, and to render a decision on each unresolved issue by

24  selecting the last and best offer of the employer or the

25  certified bargaining agent on each issue any and all

26  unresolved contract issues.  The hearings shall be held at

27  times, dates, and places to be established by the special

28  master in accordance with rules adopted promulgated by the

29  commission.  The special master shall be empowered to

30  administer oaths and issue subpoenas on behalf of the parties

31  to the dispute or on his or her own behalf.  Within 15

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  1  calendar days after the close of the final hearing, the

  2  special master shall transmit his or her recommended decision

  3  to the commission and to the representatives of both parties

  4  by registered mail, return receipt requested.  Such

  5  recommended decision shall be discussed by the parties, and

  6  each recommendation of the special master shall be deemed

  7  approved by both parties unless specifically rejected by

  8  either party by written notice filed with the commission

  9  within 20 calendar days after the date the party received the

10  special master's recommended decision.  The written notice

11  shall include a statement of the cause for each rejection and

12  shall be served upon the other party.

13         (5)(a)  Within 15 days after transmittal of the special

14  master's decision to the parties, issues resolved by the

15  special master, together with issues agreed to during

16  collective bargaining, shall be stated in writing and signed

17  by the chief executive officer and the representative for the

18  certified bargaining agent and submitted to the public

19  employer and to the public employees who are members of the

20  bargaining unit for ratification.  If the agreement is not

21  ratified by all parties, issues resolved by the special master

22  and issues agreed to during collective bargaining shall be

23  imposed, effective the date of the special master's decision,

24  for the remainder of the fiscal year that was the subject of

25  negotiations.  No effect shall be given to any impasse issues

26  that establish the language of contractual provisions that

27  could have no effect in the absence of a ratified agreement,

28  including, but not limited to, preambles, recognition clauses,

29  and duration clauses. During such time, the parties shall

30  continue to bargain until an agreement is reached and

31  ratified.

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  1         (b)  If the special master selects the bargaining

  2  agent's last and best offer regarding an issue and if funding

  3  for selection would create a financial emergency such that the

  4  public employer would have to raise ad valorem taxes or fees,

  5  then, within 15 days after transmittal of the special master's

  6  decision, the chief executive officer must certify in writing

  7  to the representative for the certified bargaining agent and

  8  the special master that enforcement of that selection would

  9  create a financial emergency.  The chief executive officer

10  must set forth his or her reasons supporting that conclusion.

11  The legislative body shall, within 30 days after the date of

12  the financial emergency certification, conduct a public

13  hearing.  At that public hearing the parties shall explain

14  their respective positions regarding the financial emergency

15  certification and the issue triggering such certification.

16  Thereafter, the legislative body shall take such action as it

17  deems to be in the public interest, including the interest of

18  the public employees involved, to resolve the issue certified

19  as creating a financial emergency.  The financial emergency

20  issue resolved by the legislative body must be stated in

21  writing and signed by the chief executive officer and the

22  representative for the certified bargaining agent and

23  submitted for ratification to the public employer and to the

24  public employees who are members of the bargaining unit.  If

25  that agreement is not ratified by all parties pursuant to s.

26  447.309, the legislative body's action shall take effect as of

27  the date of such legislative body's action for the remainder

28  of the first fiscal year that was the subject of negotiations.

29         (4)  In the event that either the public employer or

30  the employee organization does not accept, in whole or in

31  part, the recommended decision of the special master:

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  1         (a)  The chief executive officer of the governmental

  2  entity involved shall, within 10 days after rejection of a

  3  recommendation of the special master, submit to the

  4  legislative body of the governmental entity involved a copy of

  5  the findings of fact and recommended decision of the special

  6  master, together with the chief executive officer's

  7  recommendations for settling the disputed impasse issues. The

  8  chief executive officer shall also transmit his or her

  9  recommendations to the employee organization.  If the dispute

10  involves employees for whom the Board of Regents is the public

11  employer, the Governor may also submit recommendations to the

12  legislative body for settling the disputed impasse issues;

13         (b)  The employee organization shall submit its

14  recommendations for settling the disputed impasse issues to

15  such legislative body and to the chief executive officer;

16         (c)  The legislative body or a duly authorized

17  committee thereof shall forthwith conduct a public hearing at

18  which the parties shall be required to explain their positions

19  with respect to the rejected recommendations of the special

20  master;

21         (d)  Thereafter, the legislative body shall take such

22  action as it deems to be in the public interest, including the

23  interest of the public employees involved, to resolve all

24  disputed impasse issues; and

25         (e)  Following the resolution of the disputed impasse

26  issues by the legislative body, the parties shall reduce to

27  writing an agreement which includes those issues agreed to by

28  the parties and those disputed impasse issues resolved by the

29  legislative body's action taken pursuant to paragraph (d).

30  The agreement shall be signed by the chief executive officer

31  and the bargaining agent and shall be submitted to the public

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  1  employer and to the public employees who are members of the

  2  bargaining unit for ratification. If such agreement is not

  3  ratified by all parties, pursuant to the provisions of s.

  4  447.309, the legislative body's action taken pursuant to the

  5  provisions of paragraph (d) shall take effect as of the date

  6  of such legislative body's action for the remainder of the

  7  first fiscal year which was the subject of negotiations;

  8  however, the legislative body's action shall not take effect

  9  with respect to those disputed impasse issues which establish

10  the language of contractual provisions which could have no

11  effect in the absence of a ratified agreement, including, but

12  not limited to, preambles, recognition clauses, and duration

13  clauses.

14         Section 2.  This act shall take effect October 1, 1999.

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17                          SENATE SUMMARY

18    Revises procedures and duties of parties with respect to
      resolution of impasses in collective bargaining. (See
19    bill for details.)

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