The 2024 Florida Statutes
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. . . The Union interpreted the City's actions to be in violation of section 447.403, Florida Statutes (2010 . . . 2010; • Conduct a legislative body hearing in a manner consistent with the requirements of Section 447.403 . . .
. . . See § 447.403, Fla. Stat. (2010). . . . remand, PERC concluded that the City failed to comply with the impasse resolution procedures of section 447.403 . . .
. . . The parties shall then proceed pursuant to the provisions of s. 447.403. . . .
. . . As'part of the statute, § 447.403 sets forth the process by which state employees and the Governor, must . . . The Legislature is responsible for resolving impasse issues. § 447.403(2)(b), Fla. Stat. . . . . §'447.403(6)(a), Fla. Stat. . . . . § 447.403(5)(b), Fla. . . . See § 447.403(5)(b), Fla. Stat. . . . To resolve the impasse, under section 447.203 and 447.403, Florida Statutes, the Legislature appropriated . . .
. . . bargaining agreement before completing the procedures required by the Legislature in sections 447.4095 and 447.403 . . . The parties shall then proceed pursuant to the provisions of s. 447.403. . . . The impasse resolution process in section 447.403 begins with the appointment of a special magistrate . . . See § 447.403(3), Fla. Stat. . . . See § 447.403(3)—(4), Fla. Stat. . . . See § 447.403(4), Fla. Stat. Headley, 118 So.3d at 894. . . .
. . . labor practice when its Mayor vetoed the County Commission’s resolution of an impasse under section 447.403 . . . The Union argues, and we agree, that section 447.403 does not permit a local executive branch official . . . The County responded that the Mayor’s veto authority flows from the Charter and that section 447.403 . . . Analysis The Union contends that PERC erred in construing section 447.403 to allow the Mayor to veto . . . The County responds that section 447.403 does not supersede the provisions of its Charter authorizing . . .
. . . See § 447.403(4)(a). . . . See § 447.403(4)(e). . . . tentative agreement, the parties had misapplied the impasse resolution procedure set forth in section 447.403 . . . That decision interpreted section 447.403(4)(e), which addresses the steps to be taken “[fjollowing the . . . The City of Hollywood court remarked that “[s]ection 447.403(4)(e), Florida Statutes, was designed to . . .
. . . The parties shall then proceed pursuant to the provisions of s. 447.403. . . .
. . . See §§ 447.403(5)(a) and 216.163(6), Fla. Stat. (2010). . . .
. . . implement changes to the CBA prior to completion of the impasse resolution process set forth in section 447.403 . . . The parties shall then proceed pursuant to the provisions of s. 447.403. . . . See § 447.403(3), Fla. Stat. . . . See § 447.403(3)-(4), Fla. Stat. . . . See § 447.403(4), Fla. Stat. . . .
. . . Relief that “despite the provisions of Section 447.4095 and the statutory procedures under Section 447.403 . . . that, by acting unilaterally and not following the statutory requirements of sections 447.4095 and 447.403 . . . See § 447.403. Therefore, we hold that affirmance of the trial court’s order is mandated here. . . . The parties shall then proceed pursuant to the provisions of s. 447.403. . . . Section 447.403, provides: (1) If, after a reasonable period of negotiation concerning the terms and . . .
. . . District were to arise, then the parties could seek a resolution of the impasse pursuant to section 447.403 . . .
. . . The parties shall then proceed pursuant to the provisions of s. 447.403. . . . fourteen-day statutory time period, and requested the appointment of a special magistrate pursuant to section 447.403 . . . present proposals to the School Board during an impasse resolution meeting conducted pursuant to section 447.403 . . .
. . . Upon FOP’s request and pursuant to section 447.403(2), Florida Statutes, PERC assigned a special magistrate . . . necessitating submission of the impasse issues to the relevant legislative body as provided by section 447.403 . . .
. . . for resolving such an impasse, requesting a hearing before a special master, as provided in section 447.403 . . . To promote prompt resolution, section 447.403 provides for resolution of bargaining impasses. . . .
. . . Board sent a letter to PERC (Public Employees Relations Committee) declaring an impasse under section 447.403 . . . Moreover, the Arbitrator ruled that the School Board did not follow the strictures of sections 447.403 . . . master unless waived by the parties, prior to the imposition of a resolution by the legislative body, FS 447.403 . . . The parties shall then proceed pursuant to the provisions of s. 447.403. . . . Notably, section 447.403 fails to ever mention submission to arbitration. . . .
. . . Impasse Resolution Hearing Before the City Council On October 24, 2002, in accordance with section 447.403 . . . See § 447.403(4)(c)-(e), Florida Statutes (2004). . . . waive the appointment of the special master altogether, they had the right, as provided in section 447.403 . . . It appears the legislature, by its enactment of the resolution of impasse provisions of section 447.403 . . . We therefore hold, pursuant to section 447.403, that parties are allowed to change their positions during . . .
. . . hearing on the same day the special master’s report was received was a radical departure from section 447.403 . . . should therefore declare the fruits of the process unconstitutional. ■ AFSCME asserted that section 447.403 . . . The supreme court, in an opinion dated April 18, 2001, noted that section 447.403 sets forth a mechanism . . . Section 447.403, Florida Statutes (2000), provided for appointment of a mediator and/or special master . . .
. . . During such 60-day period, the parties shall negotiate pursuant to Chapter 447.403, Florida Statutes, . . .
. . . the TRO enjoins the “legislative body or a duly authorized committee thereof’ as described in section 447.403 . . . The union asked the circuit court to declare its rights under section 447.403; more specifically, it . . . asked the court to declare that it had a certain period of time (twenty days) under section 447.403(3 . . . scheme, from holding a meeting which the trial judge obviously considered to be in violation of section 447.403 . . . Also implicated are the respective parties’ rights and responsibilities under section 447.403, a section . . . a bargaining impasse and the parties utilized the impasse resolution mechanism set forth in section 447.403 . . . The complaint alleged that the timing of the hearing violated section 447.403 because it deprived the . . . above parties may not intervene in a bargaining dispute until requested to do so pursuant to section 447.403 . . . Although section 447.403 relates to the collective bargaining process, section 216.163(4), Florida Statutes . . . The breadth of the temporary restraining order thus exceeded the statutory requirements of section 447.403 . . .
. . . The parties then began the section 447.403, Florida Statutes (1995), procedures to resolve the outstanding . . . See § 447.403(4)(d). . . . Section 447.403(4)(d) provides: "Thereafter, the legislative body shall take such action as it deems . . . See § 447.403(4)(e). . . .
. . . . § 447.403(3). . . . Fla.R.App.P. 9.130(a)(1). . § 447.403, Fla.Stat. (1993). .Emergency Medical Transport. . . . .
. . . circumstances that require immediate action, or a legislative resolution of an impasse pursuant to section 447.403 . . .
. . . Pursuant to section 447.403(4)(d), Florida Statutes (1991), the legislature resolved the impasse by authorizing . . .
. . . Upon the expiration of an agreement and until the legislative body takes action pursuant to section 447.403 . . .
. . . If an impasse is reached, the employer is then allowed to act unilaterally pursuant to Section 447.403 . . . recur each time the parties bargain over a new employment contract, we have jurisdiction. .Section 447.403 . . . See § 447.403(4)(d) & (e), Fla. Stat. . . .
. . . . § 447.403, Fla.Stat. (1985). . § 286.011, Fla.Stat. (1985). . . . .
. . . PER CURIAM: In this case we affirm the district court’s determination that section 447.403 is constitutional . . . After lengthy negotiations, the parties reached an “impasse” as defined in Florida Statutes, section 447.403 . . . Following a hearing before a Special Master, as required by section 447.403, both the FOP and the City . . . See Fla.Stat. § 447.403(4)(a)-(e). . . . Second, FOP alleges that the City, pursuant to Fla.Stat. § 447.403(4)(d), retroactively reduced its sick . . .
. . . In the absence of a waiver, an emergency or an impasse action (section 447.403, Florida Statutes (1983 . . .
. . . of impasse to the city and the Public Employees Relations Commission (PERC) as required by section 447.403 . . . BOYD, C.J., and ADKINS, OVERTON, EHELICH and SHAW, JJ., concur. . § 447.403, Fla.Stat. (1981), provides . . .
. . . disputed clause be included in a contract to be offered to the union for ratification pursuant to section 447.403 . . . No ratification vote has occurred, but section 447.403(4)(e) provides for the legislative action to take . . . Impasse procedures are established by section 447.403, Fla. Stat. (1980 Supp.). . . . including the interest of the public employees involved, to resolve all disputed impasse issues.” § 447.403 . . . agreement, including, but not limited to, preambles, recognition clauses, and duration clauses.” § 447.403 . . .
. . . agreement and submit it to the members of the bargaining unit for ratification pursuant to Section 447.403 . . . On appeal, the City contends that PERC erred in failing to find that the Union had violated Section 447.403 . . . The City filed an unfair labor practice charge, alleging the Union had violated Section 447.403(4)(e) . . . On appeal, the City contends, inter alia, that PERC has incorrectly interpreted Section 447.403(4)(e) . . . Section 447.403(4)(e), Florida Statutes, specifically requires the parties, after impasse resolution, . . .
. . . term or condition of employment without using the impasse resolution procedure required by section 447.403 . . . County from further bargaining or utilization of the impasse resolution procedure articulated in section 447.403 . . .
. . . The parties never utilized a special master or other procedures available under Section 447.403 for the . . . parties through the statutory impasse procedures including resolution through legislative action, Section 447.403 . . . agreement without resorting to impasse proceedings before a special master as contemplated by Section 447.403 . . . On the other hand, Section 447.403(1) defines the term. . . . It has been observed that “impasse” under Section 447.403(1) “is fundamentally dissimilar to the private . . .
. . . For example, the written notice required by Section 447.403(3), the discussions between parties, the . . . organization, where unresolved issues are submitted to a special master pursuant to Florida Statutes chapter 447.403 . . .
. . . prohibition against public employee strikes and the statutory impasse resolution procedure, section 447.403 . . . the present case: Can the legislative body of Palm Beach Junior College, acting pursuant to section 447.403 . . . My answer is further supported by the language of section 447.403(4)(e) which recognizes that there are . . . The legislature could have tasked PERC with the responsibility and authority under section 447.403 to . . . I am convinced, however, that section 447.403 does not in specific terms authorize the legislative body . . . PERC set aside the impasse resolution action taken by the Board of Trustees in accordance with Section 447.403 . . . On November 19, 1980, the Board of Trustees of Palm Beach Junior College, in accordance with Section 447.403 . . . Section 447.403(4)(d), Florida Statutes, permits the public employer to move a required subject of bargaining . . .
. . . U]pon the expiration of an agreement and until the legislative body take action pursuant to Section 447.403 . . . to provide those steps which occur during the hiatus between the expired agreement and the Section 447.403 . . .
. . . On January 31, 1977, the City Council conducted a public hearing pursuant to Subsection 447.403(4)(d) . . . The City maintains that Section 447.403(4)(d), Florida Statutes, authorized but did not require the City . . . Section 447.403 of the Public Relations Employment Act contemplates the use of three distinct impasse . . . The City contends that Section 447.403(4)(d), Florida Statutes, allows it the option of continuing to . . . Section 447.403(3) provides that after the recommended decision of the special master is transmitted . . .
. . . declared which was ultimately resolved by “legislative action” under applicable procedures of section 447.403 . . . It is PERC’s position that despite the final action taken under section 447.403 by the City Commission . . . , the Union had a right to reject the resolution of the impasse reached under section 447.403 and demand . . . If an item is the subject of lawful impasse, section 447.403 defines the manner of resolution. . . . No contention has been made that the City, in proceeding under section 447.403 with legislative action . . .
. . . Section 447.403, Florida Statutes (1977). . . .
. . . negotiations between the parties relative to the recommended order of the special master pursuant to F.S. 447.403 . . . (Section 447.403, Florida Statutes 1975) If the special master’s recommendations for settlement of the . . .
. . . Section 447.403(2)(b). . . . Section 447.403(2)(c). . . . Sections 447.309 and 447.403 clearly delineate the specific functions of the chief executive officer . . . The provisions of Section 447.403(2)(c) are applicable only after the special master’s decision has been . . . Rule 8H-5.13, F.A.C., clearly indicates that the formal action required by Section 447.403(2)(b) is' . . .
. . . Pursuant to Section 447.403, Florida Statutes (1975), a special master was appointed by PERC to reconcile . . .