Senate Bill sb1386

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    Florida Senate - 2001                                  SB 1386

    By Senator Lawson





    3-1310-01

  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:

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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, 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 - 2001                                  SB 1386
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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 best

11  offers to the special master However, if the parties agree in

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

13  parties may proceed directly to resolution of the impasse by

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

15         (3)  Nothing in this section precludes the parties from

16  using the services of a mediator at any time during the

17  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, and such hold hearings shall be held in order to

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

22  relating to each unresolved issued the dispute, and shall to

23  render a decision on each unresolved issue by selecting the

24  last and best offer of the employer or the certified

25  bargaining agent on each issue any and all unresolved contract

26  issues.  The hearings shall be held at times, dates, and

27  places to be established by the special master in accordance

28  with rules promulgated by the commission.  The special master

29  shall be empowered to administer oaths and issue subpoenas on

30  behalf of the parties to the dispute or on his or her own

31  behalf.  Within 15 calendar days after the close of the final

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    Florida Senate - 2001                                  SB 1386
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  1  hearing, the special master shall transmit his or her

  2  recommended decision to the commission and to the

  3  representatives of both parties by registered mail, return

  4  receipt requested. Such recommended decision shall be

  5  discussed by the parties, and each recommendation of the

  6  special master shall be deemed approved by both parties unless

  7  specifically rejected by either party by written notice filed

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

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

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

11  rejection and shall be served upon the other party.

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

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

14  special master, together with issues agreed to during

15  collective bargaining, shall be stated in writing and signed

16  by the chief executive officer and the representative for the

17  certified bargaining agent and submitted to the public

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

19  bargaining unit for ratification.  If the agreement is not

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

21  and issues agreed to during collective bargaining shall be

22  imposed, effective beginning on the date of the special

23  master's decision, for the remainder of the fiscal year that

24  was the subject of negotiations. Effect may not be given to

25  any impasse issues that establish the terms of contractual

26  provisions which could have no effect in the absence of a

27  ratified agreement, including, but not limited to, preambles,

28  recognition clauses, and duration clauses. During such time,

29  the parties shall continue to bargain until an agreement is

30  reached and 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 that would

  4  cause the public employer to raise ad valorem taxes or fees,

  5  the chief executive officer must certify in writing, within 15

  6  days after transmittal of the special master's decision, to

  7  the representative for the certified bargaining agent and the

  8  special master that enforcement of that selection would create

  9  a financial emergency. The chief executive officer must set

10  forth his or her reasons supporting that conclusion. The

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

12  financial-emergency certification, conduct a public hearing.

13  At that public hearing the parties shall explain their

14  respective positions regarding the financial-emergency

15  certification and the issue causing such certification.

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

17  considers to be in the public interest, including the interest

18  of the public employees involved, to resolve the issue

19  certified as creating a financial emergency.  The

20  financial-emergency issue resolved by the legislative body

21  must be stated in writing and signed by the chief executive

22  officer and the representative for the certified bargaining

23  agent and submitted for ratification to the public employer

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

25  unit.  If that agreement is not ratified by all parties

26  pursuant to s. 447.309, the legislative body's action takes

27  effect as of the date of such legislative body's action for

28  the remainder of the first fiscal year that was the subject of

29  negotiations.

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    Florida Senate - 2001                                  SB 1386
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  1         (4)  In the event that either the public employer or

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

  3  part, the recommended decision of the special master:

  4         (a)  The chief executive officer of the governmental

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

  6  recommendation of the special master, submit to the

  7  legislative body of the governmental entity involved a copy of

  8  the findings of fact and recommended decision of the special

  9  master, together with the chief executive officer's

10  recommendations for settling the disputed impasse issues.  The

11  chief executive officer shall also transmit his or her

12  recommendations to the employee organization.  If the dispute

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

14  employer, the Governor may also submit recommendations to the

15  legislative body for settling the disputed impasse issues;

16         (b)  The employee organization shall submit its

17  recommendations for settling the disputed impasse issues to

18  such legislative body and to the chief executive officer;

19         (c)  The legislative body or a duly authorized

20  committee thereof shall forthwith conduct a public hearing at

21  which the parties shall be required to explain their positions

22  with respect to the rejected recommendations of the special

23  master;

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

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

26  interest of the public employees involved, to resolve all

27  disputed impasse issues; and

28         (e)  Following the resolution of the disputed impasse

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

30  writing an agreement which includes those issues agreed to by

31  the parties and those disputed impasse issues resolved by the

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    Florida Senate - 2001                                  SB 1386
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  1  legislative body's action taken pursuant to paragraph (d). The

  2  agreement shall be signed by the chief executive officer and

  3  the bargaining agent and shall be submitted to the public

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

  5  bargaining unit for ratification. If such agreement is not

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

  7  447.309, the legislative body's action taken pursuant to the

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

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

10  first fiscal year which was the subject of negotiations;

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

12  with respect to those disputed impasse issues which establish

13  the language of contractual provisions which could have no

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

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

16  clauses.

17         Section 2.  This act shall take effect October 1, 2001.

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20                       LEGISLATIVE SUMMARY

21
      Revises procedures and duties of parties with respect to
22    resolution of impasses in collective bargaining. (See
      bill for details.)
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