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Resolution of impasses

procedure: (447.403)

  1. 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, may appoint a mediator
  2. a) If no mediator is appointed, or upon the request of either party, the commission shall appoint special magistrate acceptable to both parties or 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)
  3. special magistrate shall hold hearings, each recommendation of the special magistrate shall be deemed approved by both parties unless specifically rejected by either party by written notice
  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) chief executive officer shall, submit to the legislative body of the governmental entity involved the chief executive officer’s recommendations for settling the disputed impasse issues
    b) employee organization shall submit its recommendations
    c) legislative body shall conduct a public hearing
    d) the legislative body shall take such action as it deems to be in the public interest

    e) the parties shall reduce to writing an agreement which includes issues agreed to by the parties and disputed impasse issues resolved by the legislative body
    If such agreement is not ratified by all parties:
    1- the legislative body’s action 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
    2- 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

DEFINTIONS:

 mediators and special magistrates
447.207 Commission; powers and duties:
(5) The commission shall adopt rules as to the qualifications of persons who may serve as mediators and special magistrates and shall maintain lists of such qualified persons who are not employees of the commission. The commission may initiate dispute resolution procedures by special magistrates, pursuant to the provisions of this part.

447.603 Local Option:commission:
(1)Any district school board or political subdivision, other than the state or a state public authority, may elect to adopt, by ordinance, resolution, or charter amendment, its own local option in lieu of the requirements of this part, provided such provisions and procedures thereby adopted effectively secure to public employees substantially equivalent rights and procedures as set forth in this part. However, notwithstanding any provision of s. 447.205 to the contrary, members of local commissions established pursuant to this section shall be appointed so that the composition of the local commission is as follows: One appointee shall be a person who, on account of previous vocation, employment, or affiliation, is or has been classified as a representative of employers; one appointee shall be a person who, on account of previous vocation, employment, or affiliation, is or has been classified as a representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who, on account of previous vocation, employment, or affiliation, are not or have not been classified as representatives of employers, employees, or employee organizations. The chair and all members of any such local commission shall be appointed for 4-year staggered terms. Neither the chair nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in such office.

chief executive officer:
the person, whether elected or appointed, who is responsible to the legislative body of the public employer for the administration of the governmental affairs of the public employer

legislative body:
the board of county commissioners, the district school board, the governing body of a municipality, or the governing body of an instrumentality or unit of government having authority to appropriate funds and establish policy governing the terms and conditions of employment and which, as the case may be, is the appropriate legislative body for the bargaining unit.

collective bargaining:
the performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith, and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this part.

good faith bargaining:
the willingness of both parties to meet at reasonable times and places, as mutually agreed upon, in order to discuss issues which are proper subjects of bargaining, with the intent of reaching a common accord. It shall include an obligation for both parties to participate actively in the negotiations with an open mind and a sincere desire, as well as making a sincere effort, to resolve differences and come to an agreement. In determining whether a party failed to bargain in good faith, the commission shall consider the total conduct of the parties during negotiations as well as the specific incidents of alleged bad faith.
Incidents indicative of bad faith shall include:
Failure to meet at reasonable times and places with representatives of the other party for the purpose of negotiations.
Placing unreasonable restrictions on the other party as a prerequisite to meeting.
Failure to discuss bargainable issues.
Refusing to negotiate because of an unwanted person on the opposing negotiating team.
Negotiating directly with employees rather than with their certified bargaining agent.
Refusing to reduce a total agreement to writing.


strike:
means the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage.

447.505 Strikes prohibited.No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this part.” shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities.


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