House Bill hb0641e1

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                                           HB 641, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the resolution of impasse;

  3         repealing s. 216.163(6), F.S., to remove a

  4         requirement that the Governor declare impasse

  5         of certain collective bargaining negotiations

  6         at the time the Governor's recommended budget

  7         is submitted to the legislature; amending s.

  8         447.403, F.S.; providing no mediator or special

  9         master shall be appointed for disputed impasse

10         issues when the Legislature is the legislative

11         body; requiring impasse to be declared under

12         certain circumstances in which the Legislature

13         is the legislative body; eliminating certain

14         requirements of the Legislature regarding

15         resolution of impasse with respect to

16         collective bargaining; providing a statement to

17         the Legislature's discretionary authority to

18         address disputed impasse issues; specifying

19         requirements after the Legislature has

20         addressed disputed impasse issues; providing an

21         effective date.

22  

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

24  

25         Section 1.  Subsection (6) of section 216.163, Florida

26  Statutes, is repealed.

27         Section 2.   Section 447.403, Florida Statutes, is

28  amended to read:

29         447.403  Resolution of impasses.--

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

31  concerning the terms and conditions of employment to be


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                                           HB 641, First Engrossed



  1  incorporated in a collective bargaining agreement, a dispute

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

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

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

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

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

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

  8  resolution of the impasse. Nothing in this section precludes

  9  the parties from using the services of a mediator at any time

10  during the conduct of collective bargaining.  However, if the

11  Legislature is the legislative body if the Governor is the

12  public employer, no mediator shall be appointed.

13         (b)  The chief executive officer of the public employer

14  shall declare an impasse no later than the convening of the

15  Regular Session of the Legislature for any collective

16  bargaining negotiation for which the Legislature is the

17  legislative body and for which a collective bargaining

18  agreement has not been executed.

19         (2)(a)  If no mediator is appointed, or upon the

20  request of either party, the commission shall appoint, and

21  submit all unresolved issues to, a special master acceptable

22  to both parties. If the parties are unable to agree on the

23  appointment of a special master, the commission shall appoint,

24  in its discretion, a qualified special master.  However, if

25  the parties agree in writing to waive the appointment of a

26  special master, the parties may proceed directly to resolution

27  of the impasse by the legislative body pursuant to paragraph

28  (4)(d). Nothing in this section precludes the parties from

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

30  conduct of collective bargaining.

31  


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                                           HB 641, First Engrossed



  1         (b)  If the Legislature is the legislative body  If the

  2  Governor is the public employer, no special master shall be

  3  appointed. The parties may submit written explanation of their

  4  positions on disputed impasse issues to the Legislature,

  5  addressed to the President of the Senate and the Speaker of

  6  the House of Representatives.  The Legislature retains the

  7  full discretion to investigate and otherwise address such

  8  issues. The parties may proceed directly to the Legislature

  9  for resolution of the impasse pursuant to paragraph (4)(d).

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

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

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

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

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

15  master in accordance with rules promulgated by the commission.

16  The special master shall be empowered to administer oaths and

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

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

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

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

21  representatives of both parties by registered mail, return

22  receipt requested.  Such recommended decision shall be

23  discussed by the parties, and each recommendation of the

24  special master shall be deemed approved by both parties unless

25  specifically rejected by either party by written notice filed

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

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

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

29  rejection and shall be served upon the other party.

30  

31  


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                                           HB 641, First Engrossed



  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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                                           HB 641, First Engrossed



  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         (5)(a)  If the Legislature is the legislative body, any

18  disputed impasse issues may be addressed by the Legislature

19  through legislation as it deems to be in the public interest.

20  Nothing in this section shall be interpreted as divesting the

21  Legislature of its authority to set conditions of employment

22  by law. Within 5 days after the beginning of the impasse

23  period in accordance with s. 216.163(6), each party shall

24  notify the President of the Senate and the Speaker of the

25  House of Representatives as to all unresolved issues. Upon

26  receipt of the notification, the presiding officers shall

27  appoint a joint select committee to review the position of the

28  parties and render a recommended resolution of all issues

29  remaining at impasse. The recommended resolution shall be

30  returned by the joint select committee to the presiding

31  officers not later than 10 days prior to the date upon which


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                                           HB 641, First Engrossed



  1  the legislative session is scheduled to commence. During the

  2  legislative session, the Legislature shall take action in

  3  accordance with this section.

  4         (b)  Any actions taken by the Legislature to resolve

  5  disputed impasse issues shall be binding on bind the parties

  6  in accordance with paragraph (4)(c). 

  7         (b)  Following the resolution of any disputed impasse

  8  issues by the Legislature, the parties shall reduce to writing

  9  an agreement which includes those issues agreed to by the

10  parties and those disputed issues resolved by the

11  Legislature's action.  The agreement shall be signed by the

12  chief executive officer and the bargaining agent and shall be

13  submitted to the public employer and to the public employees

14  who are members of the bargaining unit for ratification.  If

15  such agreement is not ratified by all parties, pursuant to the

16  provisions of s. 447.309, the Legislature's action taken

17  pursuant to this subsection shall take effect as of the date

18  of such action for the remainder of the first fiscal year

19  which was the subject of negotiations; however, the

20  Legislature's action shall not take effect with respect to

21  those disputed impasse issues which establish the language of

22  contractual provisions which could have no effect in the

23  absence of a ratified agreement, including, but not limited

24  to, preambles, recognition clauses, and duration clauses.

25         Section 3.  This act shall take effect upon becoming a

26  law.

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