447.403
Resolution of impasses.
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447.403 Resolution of impasses.—
(1) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, an impasse shall be deemed to have occurred when one of the parties so declares in writing to the other party and to the commission. When an impasse occurs, the public employer or the bargaining agent, or both parties acting jointly, may appoint, or secure the appointment of, a mediator to assist in the resolution of the impasse. If the Governor is the public employer, no mediator shall be appointed.
(2)(a) If no mediator is appointed, or upon the request of either party, the commission shall appoint, and submit all unresolved issues to, a special magistrate acceptable to both parties. If the parties are unable to agree on the appointment of a special magistrate, the commission shall appoint, in its discretion, a qualified special magistrate. However, if the parties agree in writing to waive the appointment of a special magistrate, the parties may proceed directly to resolution of the impasse by the legislative body pursuant to paragraph (4)(d). Nothing in this section precludes the parties from using the services of a mediator at any time during the conduct of collective bargaining.
(b) If the Governor is the public employer, no special magistrate shall be appointed. The parties may proceed directly to the Legislature for resolution of the impasse pursuant to paragraph (4)(d).
(3) The special magistrate shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute, and to render a decision on any and all unresolved contract issues. The hearings shall be held at times, dates, and places to be established by the special magistrate in accordance with rules promulgated by the commission. The special magistrate shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on his or her own behalf. Within 15 calendar days after the close of the final hearing, the special magistrate shall transmit his or her recommended decision to the commission and to the representatives of both parties by registered mail, return receipt requested. Such recommended decision shall be discussed by the parties, and each recommendation of the special magistrate shall be deemed approved by both parties unless specifically rejected by either party by written notice filed with the commission within 20 calendar days after the date the party received the special magistrate’s recommended decision. The written notice shall include a statement of the cause for each rejection and shall be served upon the other party.
(4) If either the public employer or the employee organization does not accept, in whole or in part, the recommended decision of the special magistrate:
(a) The chief executive officer of the governmental entity involved shall, within 10 days after rejection of a recommendation of the special magistrate, submit to the legislative body of the governmental entity involved a copy of the findings of fact and recommended decision of the special magistrate, together with the chief executive officer’s recommendations for settling the disputed impasse issues. The chief executive officer shall also transmit his or her recommendations to the employee organization;
(b) The employee organization shall submit its recommendations for settling the disputed impasse issues to such legislative body and to the chief executive officer;
(c) The legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the rejected recommendations of the special magistrate;
(d) Thereafter, the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues; and
(e) Following the resolution of the disputed impasse issues by the legislative body, the parties shall reduce to writing an agreement which includes those issues agreed to by the parties and those disputed impasse issues resolved by the legislative body’s action taken pursuant to paragraph (d). The agreement shall be signed by the chief executive officer and the bargaining agent and shall be submitted to the public employer and to the public employees who are members of the bargaining unit for ratification. If such agreement is not ratified by all parties, pursuant to the provisions of s. 447.309, the legislative body’s action taken pursuant to the provisions of paragraph (d) shall take effect as of the date of such legislative body’s action for the remainder of the first fiscal year which was the subject of negotiations; however, the legislative body’s action shall not take effect with respect to those disputed impasse issues which establish the language of contractual provisions which could have no effect in the absence of a ratified agreement, including, but not limited to, preambles, recognition clauses, and duration clauses.
(5)(a) By the first day of the regular session of the Legislature, each party shall notify the President of the Senate and the Speaker of the House of Representatives as to all unresolved issues. Upon receipt of the notification, the presiding officers shall appoint a committee to review the position of the parties relating to all issues at impasse. No later than the 14th day of the regular session of the Legislature, the committee shall conduct a public hearing to take testimony regarding the issues at impasse. During the legislative session, the Legislature shall take action in accordance with this section.
(b) Any actions taken by the Legislature shall bind the parties in accordance with paragraph (4)(c).
History.—s. 3, ch. 74-100; s. 15, ch. 77-343; s. 192, ch. 79-400; s. 1, ch. 80-367; s. 1, ch. 84-228; s. 157, ch. 97-103; s. 44, ch. 2001-43; s. 1008, ch. 2002-387; s. 81, ch. 2004-11; s. 3, ch. 2007-3; s. 12, ch. 2011-37; s. 1, ch. 2017-26.
Notes of Decisions
Cited in 45
cases, 1977–2018 · leading case: Walter E. Headley, Jr. v. City of Miami, Florida
Walter E. Headley, Jr. v. City of Miami, Florida (2017)
“Petitioner also argues that the First District erred in construing the statute to allow an employer to unilaterally modify the CBA without first proceeding through the impasse resolution process set forth in section 447.403, Florida Statutes (2010).”
Florida Senate v. Fl. Public Emp. Council 79 (2001)
“§ 447.403, Fla. Stat. (2000). The statute further sets forth a procedure to be implemented in the event that either party rejects the special master's decision: (4) In the event that either the public employer or the employee organization does not accept, in whole or in part,…”
Palm Beach Jr. College v. UNITED FACULTY ETC. (1982)
“In its order and its brief, PERC forthrightly supports these propositions on the ground that the constitutional prohibition against public employee strikes and the statutory impasse resolution procedure, section 447.403, Florida Statutes (Supp. 1980), create an imbalance of…”
Headley v. City of Miami (2013)
“4095 to allow the City to implement changes to the CBA prior to completion of the impasse resolution process set forth in section 447.403. For the reasons that follow, we conclude that PERC properly interpreted and applied section-447.”
Dade County Police Benevolent Ass'n v. Miami-Dade County Board of County Commissioners (2015)
“The Dade County Police Benevolent Association (Union) appeals a final order of the Public Employees Relations Commission (PERC) concluding that Miami-Dade County did not commit an unfair labor practice when its Mayor vetoed the County Commission’s resolution of an impasse under…”
City of Orlando v. INTERN. ASS'N OF FF, ETC. (1980)
“Section 447.403 of the Public Relations Employment Act contemplates the use of three distinct impasse resolution techniques.”
City of Casselberry v. ORANGE CTY. POLICE (1986)
“NOTES [1] § 447.403, Fla. Stat. (1981), provides in part that if, after a reasonable period of negotiation, a dispute still exists concerning a term or condition of employment included in an elective bargaining agreement, an impasse may be declared.”
International Association of Firefighters etc. v. State of Florida (2017)
“As part of the statute, § 447.403 sets forth the process by which state employees and the Governor must resolve impasses.”
City of Winter Springs v. WINTER SPRINGS (2004)
“It appears the legislature, by its enactment of the resolution of impasse provisions of section 447.403, chose to provide an alternative to the special master process, whereby parties can seek a resolution of their disagreements before the public employer, acting in its…”
Communications Workers v. School Bd. (2004)
“Notably, section 447.403 fails to ever mention submission to arbitration.”
UNITED FACULTY OF FLORIDA, ETC. v. Bd. of Regents (1979)
“(Section 447.403, Florida Statutes 1975) If the special master's recommendations for settlement of the contract talks are rejected by either party, the matter is referred to the legislative body for final disposition.”
Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm. (1977)
“Pursuant to Section 447.403, Florida Statutes (1975), a special master was appointed by PERC to reconcile the differences between the parties.”
— 447.403(1) — 2 cases
City of Casselberry v. ORANGE CTY. POLICE (1986)
“NOTES [1] § 447.403, Fla. Stat. (1981), provides in part that if, after a reasonable period of negotiation, a dispute still exists concerning a term or condition of employment included in an elective bargaining agreement, an impasse may be declared.”
— 447.403(1)(c)(4) — 1 case
UNITED FACULTY OF FLORIDA, ETC. v. Bd. of Regents (1979)
“(Section 447.403, Florida Statutes 1975) If the special master's recommendations for settlement of the contract talks are rejected by either party, the matter is referred to the legislative body for final disposition.”
— 447.403(2) — 3 cases
City of Orlando v. INTERN. ASS'N OF FF, ETC. (1980)
“Section 447.403 of the Public Relations Employment Act contemplates the use of three distinct impasse resolution techniques.”
— 447.403(2)(a) — 1 case
City of Winter Springs v. WINTER SPRINGS (2004)
“It appears the legislature, by its enactment of the resolution of impasse provisions of section 447.403, chose to provide an alternative to the special master process, whereby parties can seek a resolution of their disagreements before the public employer, acting in its…”
— 447.403(2)(b) — 2 cases
International Association of Firefighters etc. v. State of Florida (2017)
“As part of the statute, § 447.403 sets forth the process by which state employees and the Governor must resolve impasses.”
— 447.403(2)(c) — 2 cases
— 447.403(2)(c)(1) — 1 case
UNITED FACULTY OF FLORIDA, ETC. v. Bd. of Regents (1979)
“(Section 447.403, Florida Statutes 1975) If the special master's recommendations for settlement of the contract talks are rejected by either party, the matter is referred to the legislative body for final disposition.”
— 447.403(3) — 7 cases
Walter E. Headley, Jr. v. City of Miami, Florida (2017)
“Petitioner also argues that the First District erred in construing the statute to allow an employer to unilaterally modify the CBA without first proceeding through the impasse resolution process set forth in section 447.403, Florida Statutes (2010).”
Headley v. City of Miami (2013)
“4095 to allow the City to implement changes to the CBA prior to completion of the impasse resolution process set forth in section 447.403. For the reasons that follow, we conclude that PERC properly interpreted and applied section-447.”
Florida Senate v. Fl. Public Emp. Council 79 (2001)
“§ 447.403, Fla. Stat. (2000). The statute further sets forth a procedure to be implemented in the event that either party rejects the special master's decision: (4) In the event that either the public employer or the employee organization does not accept, in whole or in part,…”
City of Orlando v. INTERN. ASS'N OF FF, ETC. (1980)
“Section 447.403 of the Public Relations Employment Act contemplates the use of three distinct impasse resolution techniques.”
— 447.403(4) — 7 cases
Walter E. Headley, Jr. v. City of Miami, Florida (2017)
“Petitioner also argues that the First District erred in construing the statute to allow an employer to unilaterally modify the CBA without first proceeding through the impasse resolution process set forth in section 447.403, Florida Statutes (2010).”
Palm Beach Jr. College v. UNITED FACULTY ETC. (1982)
“In its order and its brief, PERC forthrightly supports these propositions on the ground that the constitutional prohibition against public employee strikes and the statutory impasse resolution procedure, section 447.403, Florida Statutes (Supp. 1980), create an imbalance of…”
Headley v. City of Miami (2013)
“4095 to allow the City to implement changes to the CBA prior to completion of the impasse resolution process set forth in section 447.403. For the reasons that follow, we conclude that PERC properly interpreted and applied section-447.”
City of Winter Springs v. WINTER SPRINGS (2004)
“It appears the legislature, by its enactment of the resolution of impasse provisions of section 447.403, chose to provide an alternative to the special master process, whereby parties can seek a resolution of their disagreements before the public employer, acting in its…”
— 447.403(4)(a) — 3 cases
City of Winter Springs v. WINTER SPRINGS (2004)
“It appears the legislature, by its enactment of the resolution of impasse provisions of section 447.403, chose to provide an alternative to the special master process, whereby parties can seek a resolution of their disagreements before the public employer, acting in its…”
— 447.403(4)(c) — 2 cases
City of Orlando v. INTERN. ASS'N OF FF, ETC. (1980)
“Section 447.403 of the Public Relations Employment Act contemplates the use of three distinct impasse resolution techniques.”
City of Winter Springs v. WINTER SPRINGS (2004)
“It appears the legislature, by its enactment of the resolution of impasse provisions of section 447.403, chose to provide an alternative to the special master process, whereby parties can seek a resolution of their disagreements before the public employer, acting in its…”
— 447.403(4)(d) — 11 cases
Communications Workers v. School Bd. (2004)
“Notably, section 447.403 fails to ever mention submission to arbitration.”
City of Orlando v. INTERN. ASS'N OF FF, ETC. (1980)
“Section 447.403 of the Public Relations Employment Act contemplates the use of three distinct impasse resolution techniques.”
Palm Beach Jr. College v. UNITED FACULTY ETC. (1982)
“In its order and its brief, PERC forthrightly supports these propositions on the ground that the constitutional prohibition against public employee strikes and the statutory impasse resolution procedure, section 447.403, Florida Statutes (Supp. 1980), create an imbalance of…”
— 447.403(4)(e) — 6 cases
Palm Beach Jr. College v. UNITED FACULTY ETC. (1982)
“In its order and its brief, PERC forthrightly supports these propositions on the ground that the constitutional prohibition against public employee strikes and the statutory impasse resolution procedure, section 447.403, Florida Statutes (Supp. 1980), create an imbalance of…”
Dade County Police Benevolent Ass'n v. Miami-Dade County Board of County Commissioners (2015)
“The Dade County Police Benevolent Association (Union) appeals a final order of the Public Employees Relations Commission (PERC) concluding that Miami-Dade County did not commit an unfair labor practice when its Mayor vetoed the County Commission’s resolution of an impasse under…”
— 447.403(5)(a) — 2 cases
International Association of Firefighters etc. v. State of Florida (2017)
“As part of the statute, § 447.403 sets forth the process by which state employees and the Governor must resolve impasses.”
— 447.403(5)(b) — 1 case
International Association of Firefighters etc. v. State of Florida (2017)
“As part of the statute, § 447.403 sets forth the process by which state employees and the Governor must resolve impasses.”
— 447.403(l) — 1 case
Dade County Police Benevolent Ass'n v. Miami-Dade County Board of County Commissioners (2015)
“The Dade County Police Benevolent Association (Union) appeals a final order of the Public Employees Relations Commission (PERC) concluding that Miami-Dade County did not commit an unfair labor practice when its Mayor vetoed the County Commission’s resolution of an impasse under…”
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