Senate Bill 2308

    Florida Senate - 2000                                  SB 2308

    By Senator Bronson





    18-1489-00

  1                      A bill to be entitled

  2         An act relating to public employee collective

  3         bargaining disputes; amending s. 447.403, F.S.;

  4         requiring the governing body of a public

  5         employer to resolve certain disputed impasse

  6         issues that have a financial impact on the

  7         employer; providing a limitation on the

  8         resolution of nonfinancial issues; providing an

  9         effective date.

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

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13         Section 1.  Subsection (4) of section 447.403, Florida

14  Statutes, is amended to read:

15         447.403  Resolution of impasses.--

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

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

18  part, the recommended decision of the special master:

19         (a)  The chief executive officer of the governmental

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

21  recommendation of the special master, submit to the

22  legislative body of the governmental entity involved a copy of

23  the findings of fact and recommended decision of the special

24  master, together with the chief executive officer's

25  recommendations for settling the disputed impasse issues.  The

26  chief executive officer shall also transmit his or her

27  recommendations to the employee organization.  If the dispute

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

29  employer, the Governor may also submit recommendations to the

30  legislative body for settling the disputed impasse issues;

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2308
    18-1489-00




  1         (b)  The employee organization shall submit its

  2  recommendations for settling the disputed impasse issues to

  3  such legislative body and to the chief executive officer;

  4         (c)  The legislative body or a duly authorized

  5  committee thereof shall forthwith conduct a public hearing at

  6  which the parties shall be required to explain their positions

  7  with respect to the rejected recommendations of the special

  8  master;

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

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

11  interest of the public employees involved, to resolve all

12  disputed impasse issues that have a financial impact on the

13  public employer. However, it may not attempt to resolve any

14  such issues that have no financial impact on the public

15  employer. The special master's recommendation shall be

16  accepted by the parties on those issues; and

17         (e)  Following the resolution of the disputed impasse

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

19  writing an agreement which includes those issues agreed to by

20  the parties and those disputed impasse issues resolved by the

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

22  The agreement shall be signed by the chief executive officer

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

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

25  bargaining unit for ratification. If such agreement is not

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

27  447.309, the legislative body's action taken pursuant to the

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

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

30  first fiscal year which was the subject of negotiations;

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

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    Florida Senate - 2000                                  SB 2308
    18-1489-00




  1  with respect to those disputed impasse issues which establish

  2  the language of contractual provisions which could have no

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

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

  5  clauses.

  6         Section 2.  This act shall take effect July 1, 2000.

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  9                          SENATE SUMMARY

10    Requires the governing body of a public employer to
      resolve certain disputed impasse issues in a collective
11    bargaining dispute which have a financial impact on the
      employer. Prohibits the governing body from resolving
12    nonfinancial issues.

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