House Bill 1813

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    Florida House of Representatives - 2000                HB 1813

        By Representative Rubio






  1                      A bill to be entitled

  2         An act relating to collective bargaining

  3         agreement disputes involving public employees;

  4         amending s. 447.403, F.S.; limiting the action

  5         of the legislative body to resolve specified

  6         disputed impasse issues; providing an effective

  7         date.

  8

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

10

11         Section 1.  Section 447.403, Florida Statutes, is

12  amended to read:

13         447.403  Resolution of impasses.--

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

15  concerning the terms and conditions of employment to be

16  incorporated in a collective bargaining agreement, a dispute

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

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

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

20  commission. When an impasse occurs, the public employer or the

21  bargaining agent, or both parties acting jointly, may appoint,

22  or secure the appointment of, a mediator to assist in the

23  resolution of the impasse.

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

25  of either party, the commission shall appoint, and submit all

26  unresolved issues to, a special master acceptable to both

27  parties. If the parties are unable to agree on the appointment

28  of a special master, the commission shall appoint, in its

29  discretion, a qualified special master.  However, in the case

30  of disputed impasse issues which have a financial impact on

31  the public employer, if the parties agree in writing to waive

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    Florida House of Representatives - 2000                HB 1813

    736-106-00






  1  the appointment of a special master, the parties may proceed

  2  directly to resolution of the impasse by the legislative body

  3  pursuant to paragraph (4)(d).  Nothing in this section

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

  5  any time during the conduct of collective bargaining.

  6         (3)  The special master shall hold hearings in order to

  7  define the area or areas of dispute, to determine facts

  8  relating to the dispute, and to render a decision on any and

  9  all unresolved contract issues.  The hearings shall be held at

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

11  master in accordance with rules promulgated by the commission.

12  The special master shall be empowered to administer oaths and

13  issue subpoenas on behalf of the parties to the dispute or on

14  his or her own behalf.  Within 15 calendar days after the

15  close of the final hearing, the special master shall transmit

16  his or her recommended decision to the commission and to the

17  representatives of both parties by registered mail, return

18  receipt requested.  Such recommended decision shall be

19  discussed by the parties, and each recommendation of the

20  special master shall be deemed approved by both parties unless

21  specifically rejected by either party by written notice filed

22  with the commission within 20 calendar days after the date the

23  party received the special master's recommended decision.  The

24  written notice shall include a statement of the cause for each

25  rejection and shall be served upon the other party.

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

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

28  part, the recommended decision of the special master:

29         (a)  The chief executive officer of the governmental

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

31  recommendation of the special master, submit to the

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    Florida House of Representatives - 2000                HB 1813

    736-106-00






  1  legislative body of the governmental entity involved a copy of

  2  the findings of fact and recommended decision of the special

  3  master, together with the chief executive officer's

  4  recommendations for settling the disputed impasse issues.  The

  5  chief executive officer shall also transmit his or her

  6  recommendations to the employee organization.  If the dispute

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

  8  employer, the Governor may also submit recommendations to the

  9  legislative body for settling the disputed impasse issues;

10         (b)  The employee organization shall submit its

11  recommendations for settling the disputed impasse issues to

12  such legislative body and to the chief executive officer;

13         (c)  The legislative body or a duly authorized

14  committee thereof shall forthwith conduct a public hearing at

15  which the parties shall be required to explain their positions

16  with respect to the rejected recommendations of the special

17  master;

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

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

20  interest of the public employees involved, to resolve all

21  disputed impasse issues which have any financial impact on the

22  public employer. The legislative body shall have no authority

23  to resolve disputed impasse issues which have no financial

24  impact on the public employer, and the special master's

25  recommendation shall be accepted by both parties with respect

26  to such issues; and

27         (e)  Following the resolution of the disputed impasse

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

29  writing an agreement which includes those issues agreed to by

30  the parties and those disputed impasse issues resolved by the

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

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    Florida House of Representatives - 2000                HB 1813

    736-106-00






  1  The agreement shall be signed by the chief executive officer

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

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

  4  bargaining unit for ratification. If such agreement is not

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

  6  447.309, the legislative body's action taken pursuant to the

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

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

  9  first fiscal year which was the subject of negotiations;

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

11  with respect to those disputed impasse issues which establish

12  the language of contractual provisions which could have no

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

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

15  clauses.

16         Section 2.  This act shall take effect upon becoming a

17  law.

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20                          HOUSE SUMMARY

21
      With respect to the resolution of an impasse in a
22    collective bargaining agreement involving public
      employees in which the recommended decision of an
23    appointed special master is rejected, provides that the
      legislative body of the governmental entity shall take
24    such actions as it deems to be in the public interest to
      resolve only those disputed impasse issues which have a
25    financial impact on the public employer. Provides that,
      with respect to disputed impasse issues which have no
26    financial impact on the public employer, the special
      master's recommendation shall be accepted by both
27    parties.

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