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447.403 Resolution of impasses.(1) If, after a reasonable period of negotiation concerning the terms and conditions ofemployment 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 oneof 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 theGovernor 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 shallappoint, 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 shallappoint, 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 sectionprecludes 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 partiesma proceed directly to the Legislature for resolution of the impasse pursuant to paragraph

(4)(d).

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(3) The special magistrate shall hold hearings in order to define the area or areas of dispute, todetermine facts relating to the dispute, and to render a decision on any and all unresolvedcontract 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 partiesto 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 commissionand 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 partyby written notice filed with the commission within 20 calendar days after the date the party

received the special magistrates 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 afterrejection of a recommendation of the special magistrate, submit to the legislative body of thegovernmental entity involved a copy of the findings of fact and recommended decision of the

special magistrate, together with the chief executive officers recommendations for settling the

disputed impasse issues. The chief executive officer shall also transmit his or herrecommendations to the employee organization;

(b) The employee organization shall submit its recommendations for settling the disputed

im asse issues to such legislative body and to the chief executive officer;p(c) The legislative body or a duly authorized committee thereof shall forthwith conduct apublic hearing at which the parties shall be required to explain their positions with respect to the

rejected recommendations of the special magistrate;

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(d) Thereafter, the legislative body shall take such action as it deems to be in the publicinterest, 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 partiesshall reduce to writing an agreement which includes those issues agreed to by the parties and

those disputed impasse issues resolved by the legislative bodys action taken pursuant toparagraph (d). The agreement shall be signed by the chief executive officer and the bargainingagent 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 bodys action taken pursuant to the

provisions of paragraph (d) shall take effect as of the date of such legislative bodys action forthe remainder of the first fiscal year which was the subject of negotiations; however, the

legislative bodys 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 aratified agreement, including, but not limited to, preambles, recognition clauses, and duration

clauses.

(5)(a)

Within 5 days after the beginning of the impasse period in accordance with s.216.163(6), 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 joint select committee to review the position of the parties and render a

recommended resolution of all issues remaining at impasse. The recommended resolution shallbe returned by the joint select committee to the presiding officers not later than 10 days prior to

the date upon which the legislative session is scheduled to commence. During the legislative

session, the Legislature shall take action in accordance with this section.

From EEA Contract Art. XIV:

I. The Employee Benefits Committee will consist of 11 voting members, which will include 5

Union representatives appointed by the Union, 1 voting member appointed by the Escambia

Retired Educators Association and 5 District representatives to be appointed by the

Superintendent or his/her designee. The Director of Risk Management will serve as the facilitatorfor all meetings and as a non-voting advisor to the committee. The committee shall monitor the

self-insurance employee benefits plan, review and develop proposals for changes, modifications

and improvements to the plan, and submit all proposals or recommendations for changes to theBargaining Council and the Superintendent by August 1 of each year. The Bargaining Council

and the Superintendent shall have a 5 day review period. On the 6th day or before, either party

may submit any written recommendation(s) back to the Employee Benefit Committee for anadditional 10 day review period. At the conclusion of the 10 day review period the Employee

Benefit Committee recommendation will be forwarded to the Bargaining Council and the

Superintendent. The Bargaining council will conduct a ratification vote no later than the secondweek after students return and submit the results of the ratification vote to the Superintendent. If

the ratification vote passes, the Bargaining Council shall notify the Superintendent in writing and

the Superintendent will bring forth the recommendation to the Trustees and the School Board for

consideration. If the ratification vote fails, the Superintendent and the Bargaining Council will

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present their position to the Trustees and the School Board for consideration. If at any timeduring the life of this agreement the employee Benefit Trust Fund excess reserves are projected

to fall below a level (determined by an actuary) acceptable for state approval within the plan

year, both parties agree that the Superintendent will immediately convene the Employee BenefitsCommittee to make recommendations that will ensure the appropriate financial stability of the

benefit Plan regardless of the date.

Executive sessions are permitted up until the report is rejected by the superintendent or

until the parties mutually agree in writing to waive the special master procedure. After

that time, the board becomes a neutral body for purposes of the impasse process. It is

permitted for the board to discuss the report in executive session, but once the report is

rejected or special master is by passed-no more executive sessions. [PERC decision City of

Ocala, 1979 affirmed DCA, 1981 referred to in City of Fort Lauderdale(CA93-027)] [City

of Jacksonville, 1989, 15 FPER 420327(1989)].

The Commission has held that when the parties use the special master process, the

insulated period commences when the special master's recommendations were rejected.

The special master recommendations have been rejected, the parties at impasse should not

engage in ex parte communications with the legislative body regarding the impasse items to

ensure the neutrality of the legislative body In Jacksonville Association of Firefighters,

IAFF, Local 122 v. City of Jacksonville, the Commission held that it was also appropriate

to provide an insulated period when the parties have waived the special master process.

[PERC decision City of Fort Lauderdale(CA93-027)

The Commission will closely scrutinize the actions of a legislative body once impasse

occurse to ensure that the legislative body provides each party with an opportunity to

present their impasse positions and have them considered fairly. The legislative body must

endeavor to avoid any appearance of impropriety which might indicate that a party is not

receiving equal treatment or that the final action taken is not solely in the public interest.

It is not necessary that a party receive a tangible benefit or advantage from a

communication; it is enough that a communication concerning the merits of the impasse

issues occur. Jacksonville Asssociation of fire Fighters v. City of Jacksonville (15 FPER

20327 1989); Boca Raton Fire Fighters v. City of Boca Raton, 4 FPER para. 4040 (1978)

No appearance of impropriety was created by off the record conversations between city attorney

and city manager during impasse resolution hearing where the city attorney was not acting in any

way as a conduit between the city commission and the city manager. City of Hollywood v.Florida Public Employees Relations Com'n, App. 1 Dist., 476 So.2d 1340 (1985). (Note that

there was no evidence as to the subject matter of the brief conversations between the managerand attorney.

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