HB 1421 2003
1	A bill to be entitled
2	An act relating to collective bargaining; amending s.
3	447.309, F.S.; deleting language with respect to the duty
4	of a chief executive officer to submit certain amendments
5	to provisions in conflict with a collective bargaining
6	agreement; increasing the maximum time period for which a
7	collective bargaining agreement may exist; amending s.
8	447.401, F.S.; providing additional requirements with
9	respect to grievance procedures; amending s. 447.403,
10	F.S.; revising language with respect to resolution of
11	impasses; providing time frames; amending s. 447.405,
12	F.S.; including employer-paid benefits within factors to
13	be considered by the special master; amending s. 447.4095,
14	F.S.; revising language with respect to financial urgency;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Subsections (3) and (5) of section 447.309,
20	Florida Statutes, are amended to read:
21	447.309 Collective bargaining; approval or rejection.--
22	(3) If any provision of a collective bargaining agreement
23	is in conflict with any law, ordinance, rule, or regulation over
24	which the chief executive officer has no amendatory power, the
25	chief executive officer shall submit to the appropriate
26	governmental body having amendatory power a proposed amendment
27	to such law, ordinance, rule, or regulation. Unless and until
28	such amendment is enacted or adopted and becomes effective,the
29	conflicting provision of the collective bargaining agreement
30	shall not become effective.
31	(5) Any collective bargaining agreement shall not provide
32	for a term of existence of more than 53years and shall contain
33	all of the terms and conditions of employment of the employees
34	in the bargaining unit during such term except those terms and
35	conditions provided for in applicable merit and civil service
36	rules and regulations.
37	Section 2. Section 447.401, Florida Statutes, is amended
38	to read:
39	447.401 Grievance procedures.--Each public employer and
40	bargaining agent shall negotiate a grievance procedure to be
41	used for the settlement of disputes between employer and
42	employee, or group of employees, involving the interpretation or
43	application of a collective bargaining agreement. Such grievance
44	procedure shall have as its terminal step a final and binding
45	disposition by an impartial neutral, mutually selected by the
46	parties; however, when the issue under appeal is an allegation
47	of abuse, abandonment, or neglect by an employee under s. 39.201
48	or s. 415.1034, the grievance may not be decided until the
49	abuse, abandonment, or neglect of a child has been judicially
50	determined. However, an arbiter or other neutral shall not have
51	the power to add to, subtract from, modify, or alter the terms
52	of a collective bargaining agreement. If an employee
53	organization is certified as the bargaining agent of a unit, the
54	grievance procedure then in existence may be the subject of
55	collective bargaining, and any agreement which is reached shall
56	supersede the previously existing procedure. All public
57	employees shall have the right to a fair and equitable grievance
58	procedure administered without regard to membership or
59	nonmembership in any organization, except that certified
60	employee organizations shall not be required to process
61	grievances for employees who are not members of the
62	organization. A career service employee shall have the option of
63	utilizing the civil service appeal procedure, an unfair labor
64	practice procedure, or a grievance procedure established under
65	this section, but such employee is precluded from availing
66	himself or herself to more than one of these procedures. Each
67	grievance must cite the specific contract language that is
68	alleged to be in conflict with the issue under appeal or the
69	grievance may be dismissed by the employer. Once a grievance has
70	been filed, the issue under appeal shall not be permitted to be
71	processed under the provisions of s. 447.501.
72	Section 3. Subsection (1), paragraph (a) of subsection
73	(2), and paragraph (e) of subsection (4) of section 447.403,
74	Florida Statutes, are amended to read:
75	447.403 Resolution of impasses.--
76	(1) If, after a reasonable period, of no less than 14
77	days,of negotiation concerning the terms and conditions of
78	employment to be incorporated in a collective bargaining
79	agreement, a dispute exists between a public employer and a
80	bargaining agent, an impasse shall be deemed to have occurred
81	when one of the parties so declares in writing to the other
82	party. Within 7 days, the party declaring impasse must inform
83	and to the commission in writing. When an impasse occurs, the
84	public employer or the bargaining agent, or both parties acting
85	jointly, may appoint, or secure the appointment of, a mediator
86	to assist in the resolution of the impasse. If the Governor is
87	the public employer, no mediator shall be appointed.
88	(2)(a) If no mediator is appointed, or upon the request of
89	either party, the commission shall appoint, and submit all
90	unresolved issues to, a special master acceptable to both
91	parties. If within 30 days of written notification of impasse
92	the parties are unable to agree on the appointment of a special
93	master, the commission shall appoint, in its discretion, a
94	qualified special master. However, if either of the parties
95	declareagree in writing a requestto waive the appointment of a
96	special master, the parties shallmayproceed directly to
97	resolution of the impasse by the legislative body pursuant to
98	paragraph (4)(d). Nothing in this section precludes the parties
99	from using the services of a mediator at any time during the
100	conduct of collective bargaining.
101	(4) If the public employer or the employee organization
102	does not accept, in whole or in part, the recommended decision
103	of the special master:
104	(e) Following the resolution of the disputed impasse
105	issues by the legislative body, the parties shall reduce to
106	writing an agreement which includes those issues agreed to by
107	the parties and those disputed impasse issues resolved by the
108	legislative body's action taken pursuant to paragraph (d).
109	Within fifteen days of the legislative body's action,the
110	agreement shall be signed by the chief executive officer and the
111	bargaining agent and shall be submitted to the public employer
112	and to the public employees who are members of the bargaining
113	unit for ratification. If such agreement is not ratified by all
114	parties, pursuant to the provisions of s. 447.309, the
115	legislative body's action taken pursuant to the provisions of
116	paragraph (d) shall take effect as of the date of such
117	legislative body's action for the remainder of the first fiscal
118	year which was the subject of negotiations; however, the
119	legislative body's action shall not take effect with respect to
120	those disputed impasse issues which establish the language of
121	contractual provisions which could have no effect in the absence
122	of a ratified agreement, including, but not limited to,
123	preambles, recognition clauses, and duration clauses.
124	Section 4. Subsections (1) and (2) of section 447.405,
125	Florida Statutes, are amended to read:
126	447.405 Factors to be considered by the special
127	master.--The special master shall conduct the hearings and
128	render recommended decisions with the objective of achieving a
129	prompt, peaceful, and just settlement of disputes between the
130	public employee organizations and the public employers. The
131	factors, among others, to be given weight by the special master
132	in arriving at a recommended decision shall include:
133	(1) Comparison of the annual income and employer-paid
134	benefitsof employment of the public employees in question with
135	the annual income and employer-paid benefitsof employment
136	maintained for the same or similar work of employees exhibiting
137	like or similar skills under the same or similar working
138	conditions in the local operating area involved.
139	(2) Comparison of the annual income and employer-paid
140	benefitsof employment of the public employees in question with
141	the annual income and employer-paid benefitsof employment of
142	public employees in similar public employee governmental bodies
143	of comparable size within the state.
144	Section 5. Section 447.4095, Florida Statutes, is amended
145	to read:
146	447.4095 Financial urgency.--In the event of a financial
147	urgency requiring modification of an agreement, the chief
148	executive officer or his or her representative and the
149	bargaining agent or its representative shall meet as soon as
150	possible to negotiate the impact of the financial urgency. If
151	after a reasonable period of negotiation which shall not exceed
152	14 days, a dispute exists between the public employer and the
153	bargaining agent, an impasse shall be deemed to have occurred,
154	and one of the parties shall so declare in writing to the other
155	party and to the commission. The parties shall then proceed
156	directly to the legislative bodypursuant to the provisions of
157	s. 447.403(4)(d) and (e). An unfair labor practice charge shall
158	not be filed on modifications of the agreement resulting from
159	the financial urgencyduring the 14 days during which
160	negotiations are occurring pursuant to this section.
161	Section 6. This act shall take effect upon becoming a law.