70-79 ORDINANCE NO. 70-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 166 OF THE FLORIDA
STATUTES, AND CHAPTER 447 OF THE FLORIDA STATUTES, RE-
LATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF
THE CONSTITUTION OF THE STATE OF FLORIDA, BY AMENDING
CHAPTER 13A "EMPLOYER-EMPLOYEE RELATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, RELATIVE
TO PUBLIC EMPLOYEE RELATIONS; BY AMENDING THE EXCEPTIONS
TO THE DEFINITION OF PUBLIC EMPLOYEE BY DELETING PROCEDURAL
LIMITATIONS ON APPLICATIONS FOR DESIGNATION OF MANAGERIAL
AND CONFIDENTIAL EMPLOYEES; BY CLARIFYING THE DEFINITION
OF MANAGERIAL EMPLOYEES; BY LIMITING THE PERIOD DURING
WHICH A CERTIFICATION PETITION MAY BE FILED WITH THE
DELRAY BEACH PUBLIC EMPLOYEE RELATIONS COMMISION FOR ANY
EMPLOYEES COVERED BY A VALID COLLECTIVE BARGAINING AGREE-
~NT; BY SPECIFYING PROCEDURES FOR DECERTIFICATION; BY
PROVIDING THAT INTERVENTION BY AN EMPLOYEE ORGANIZATION
IN A CERTIFICATION ELECTION WILL BE SUBJECT TO PERMISSION
OF THE COMMISSION; BY PROHIBITING THE COMMISSION IN THE
ABSENCE OF EXTRAORDINARY CIRCUMSTANCES FROM ISSUING
SUBPOENAS OR SUBPOENAS DUCES TECUM TO COMMISSION MEMBERS
OR EMPLOYEES WITH RESPECT TO THE PERFORMANCE OF THEIR
OFFICIAL DUTIES, AND OTHERWISE REVISING COMMISSION POWERS
AND DUTIES; BY DECLARING CERTAIN COMMISSION ACTION NOT TO
CONSTITUTE RULES FOR PURPOSES OF SECTION 120.52(14),
FLORIDA STATUTES; BY REVISING THE PROCEDURE BY WHICH
EMPLOYEE ORGANIZATIONS REGISTER WITH THE COMMISSION; BY
REQUIRING ANNUAL RENEWAL OF REGISTRATION; BY REVISING
SECTION 13A-17 RELATIVE TO THE PROCEDURES FOR HANDLING A
CHARGE OF UNFAIR LABOR PRACTICE BEFORE THE COMMISSION,
AND FOR REMEDYING AN UNFAIR LABOR PRACTICE; BY ADDING A
NEW SECTION 13A-17.1 TO PROVIDE FOR ENFORCEmeNT OF
COMMISSION ORDERS BY THE CIRCUIT COURTS; BY CLARIFYING
PROCEDURES FOR JUDICIAL REVIEW OF COMMISSION ORDERS; AND
BY PROHIBITING THE ASSESSMENT AGAINST THE COMMISSION OF
COSTS OR FEES RELATING TO AN APPEAL FROM AN ORDER ISSUED
BY THE COMMISSION IN AN ADJUDICATORY, ADVERSARY PROCEED-
ING; PROVIDING FOR EFFECTIVENESS OF ORDINANCE NO. 70-79;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida in its 1979
Session amended the Florida Statute (Chapter 447) relative to collec-
tive bargaining by public employees and to the Public Employees Re-
lations Commission; and,
WHEREAS, the State of Florida Public Relations Commission did on
July 19, 1979, order the City of Delray Beach, Florida, and other
cities having local option ordinances in effect to amend those ordinances
to remain substantially equivalent to Chapter 447 as amended; and,
WHEREAS, the City Council of the City of Delray Beach in com-
pliance with said Order of the State of Florida Public Employees Rela-
tions Commisssion dated July 19, 1979, wishes to enact the following
amended local option ordinance,
NO%~, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 13A, Employer-Employee Relations, of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Chapter 13A
EMPLOYER-EMPLOYEE RELATIONS
Sec. 13A-1. Statement of policy.
It is declared that the public policy of the City of Delray Beach
and the purpose of this chapter is to provide implementation of Section
6, Article I, of the Constitution of the State of Florida, and to
promote harmonious and cooperative relationships between government and
its employees, both collectively and individually, and to protect the
public by assuring, at all times, the orderly and uninterrupted oper-
ations and functions of government. It is the intent of the city
council that nothing herein shall be construed to either encourage or
discourage organization of public employees. These policies are best
effectuated by:
(1) Granting to public employees the right of organization and
representation;
(2) Requiring the public employer to negotiate with bargaining
agents duly certified to represent public employees;
(3) Creating a public employees relations commission to assist
in resolving disputes between public employees and public
employers; and
(4) Recognizing the constitutional prohibition against strikes
by public employees and providing remedies for violations of
such prohibition. (Ord. No. 74-77, 12-12-77)
Sec. 13A-2. Definitions.
As used in this chapter:
(1) Commission means the public employees relations commission
created by section 13A-3 of this chapter.
(2) Public employer or employer means the City of Delray Beach
and any subdivision or agency thereof which the commission
determines has sufficient legal distinctiveness to properly
carry out the functions of a public employer.
(3) Public employee means any person employed by the City of
Delray Beach and any subdivision or agency thereof except:
(a) Those persons elected by the people, agency heads,
members of boards and commissions.
(b) Individuals acting as negotiating representatives for
employer authorities.
(c) Those persons who are designated by the commission as
managerial or confidential employees pursuant to
criteria contained herein.
(4) Managerial employees are those employees generally having
authority in the interest of the public employer who:
(a) Perform jobs that are not of a routine, clerical or
ministerial nature and require the exercise of in-
dependent judgment in the performance of such jobs,
and ~e-e~-me~e-~-~he-~e~½ew~g~ also to whom one
or more of the following applies:
-2- Ord. No. 70-79
1. Formulate or assist in formulating policies
which are applicable to bargaining unit em-
ployees; or
2. May reasonably be required on behalf of the
employer to assist in the preparation for and
conduct of collective bargaining negotiations;
or
3. Have a role in the administration of agreements
resulting therefrom; or
4. Have a significant role in personnel admini-
stration; or
5. Have a significant role in employee relations;
or
6. Have a significant role in the preparation ~
or administration of budgets for any public
agency or institution or subdivision thereof.
(b) Serve as police chiefs, fire chiefs or directors of
public safety of any police, fire or public safety
department. Other police officers, as defined in
Section 943.10(1), Florida Statutes, and fire
fighters, as defined in Section 633.30(1), Florida
Statutes, may be determined by the commission to be
managerial employees of such departments In making
such determinations, the commission shall consider, in
addition to the criteria established in (a), the
paramilitary organizational structure of the depart-
· ment involved.
Provided, however, that in determining whether an individual is a
managerial employee pursuant to either (a) or (b) above, the commission
may consider the historic relationship of the employee to the public
employer and to coemployees.
(5) Confidential employees are persons who act in a confidential
capacity to assist or aid managerial employees as defined in
section 13A-2 of this chapter.
(6) Strike means the concerted failure to report for duty, the
concerted absence of employees from their positions, the
concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part
by any group of employees from the full and faithful per-
formance 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 employ-
ment or participating in a deliberate and concerted course
of conduct which adversely affects the services of the
public employer, the concerted failure to report for work
after the expiration of a collective bargaining agreement
and picketing in furtherance of a work stoppage. The term
"strike" shall also mean any overt preparation, including,
but not limited to, the establishment of strike funds with
regard to the above-listed activities.
(7) Strike funds are any appropriations by an employee organi-
zation which are established to directly or indirectly aid
any employee or employee organization to participate in a
strike in the State of Florida.
-3- Ord. No. 70-79
(8) Bargaining unit means either that unit determined by the
commission, or that unit determined by the public employer
and the public employee organization and approved by the
commission to be appropriate for the purposes of collective
bargaining; provided, however, that no bargaining unit shall
be defined as appropriate which includes employees of two
(2) employers that are not departments or divisions of the
city or a subdivision or agency thereof.
(9) Chief executive officer for the public employer shall mean
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.
(10) Legislative body means the city council, unless the public
employees relations commission determines that a unit or
subdivision thereof, having authority to appropriate funds
and establish policy governing the terms and conditions of
employment, is the appropriate legislative body for the
bargaining unit°
(11) Employee organization or organization means any labor organ-
ization, union, association, fraternal order, occupational
or professional society, or group, however organized or
constituted, which represents or seeks to represent any
!
public employee or group of public employees concerning any
matters relating to their employment relationship with a
public employer.
(12) Bargaining agent means the employee organization which has
been certified by the comission as representing the em-
ployees in the bargaining unit as provided in section 13A-9,
or its representative.
(13) Professional employee means:
(a) Any employee engaged in work in any two (2) or more of
the following categories:
1. Predominantly intellectual and varied in charac-
ter as opposed to routine mental, manual,
mechanical or physical work;
2. Involving the consistent exercise of discretion
and judgment in its performance;
3. Of such a character that the output produced or
the result accomplished cannot be standardized
in relation to a given period of time; and
4. Requiring advanced knowledge in a field of
science or learning customarily acquired by a
prolonged course of specialized intellectual
instruction and study in an institution of
higher learning or a hospital, as distinguished
from a general academic education, an apprentice-
ship or training in the performance of routine
mental or physical processes;
or
(b) Any employee who:
1. Has completed the course of specialized intel-
lectual instruction and study dexcribed in
subparagraph 4 of paragraph (a); and
-4- Ord. No. 70-79
2. Is performing related work under supervision of
a professional person to qualify himself to
become a professional employee as defined in'
paragraph (a).
(14) Collective bargaining means 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 chapter.
(15) Membership dues deduction means the practice of a public
employer of deducting dues and uniform assessments from the
salary or wages of a public employee. Such term also means
the practice of a public employer of transmitting the sums
so deducted to such employee organization.
(16) Civil service means any career, civil or merit system used
by any public employer.
(17) Good faith bargaining shall mean, but not be limited to, 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 actively participate 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 agree-
ment. 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, but not be limited to, the following
occurrences:
(a) Failure to meet at reasonable times and places with
representatives of the other party for purposes of
negotiations.
(b) Placing unreasonable restrictions on the other party
as a prerequisite to meeting.
(c) Failure to discuss bargainable issues.
(d) Refusing, upon reasonable written request, to provide
public information, excluding work products as defined
in Section 447.605, Florida Statutes.
(e) Refusing to negotiate because of an unwanted person on
the opposing negotiating team.
(f) Negotiating directly with employees rather than with
their certified bargaining agent.
(g) Refusing to reduce a total agreement to writing (Ord.
No. 74-77, 12-12-77; Ord. No. 4-78, ~ 2, 2-27-78)
Sec. 13A-3. Public employees relations commission created; com-
position; qualifications, term, compensation of
members; filing of vacancies; quorum; chairman
generally; fiscal needs.
-5- Ord. No. 70-79
(a) There is hereby created and established the public employees
relations commission, hereinafter referred to as the "commission". .The
commission shall be composed of three (3) members and one alternate to
be appointed by the city council from persons representative of the
public, known for their objective and independent judgment, and who
shall not be employed by or hold any commission with any governmental
unit in the state of any employee organization as defined in this chap-
ter while in office. The city council shall designate one member as
chairman. Members shall serve for a term of four (4) years, except
that beginning on the passage hereof, one member shall be appointed for
a term of one year, and one member for tWO (2) years, and one member
for three (3) years and the alternate member for four (4) years. A
vacancy for the unexpired term of a member shall be filled in the same
manner as herein provided for an original appointment. The presence of
three (3) members shall constitute a quorum of any called meeting of
the commission. The commission in the performance of its duties and
powers under this chapter shall not be subject to the control, super-
vision or direction by the city manager or city council.
(b) The chairman and the remaining members of the commission
shall devote such time as is necessary to the performance of their
duties hereunder, and shall be compensated as established by reso-
lutions adopted by the city council from time to time. The chairman
and other members shall also be reimbursed for reasonable expenses
under this chapter as provided for in Section 112.061, Florida
Statutes. The chairman shall be responsible for the administrative
functions of the commission and upon authorization by the city council
shall have the authority to employ such personnel as may be necessary
to carry out the provisions of this chapter. The chairman shall also
have the authority to call the alternate commissioner to serve during
such times as the alternate commissioner's presence is necessary to
complete a quorum for the conduct of commission business. Until such
time as the commission has submitted a budget which is funded by the
city council, the commission shall, upon request of the chairman to the
city manager, have its fiscal needs provided for by appropriations from
the unappropriated surplus. (Ord. No. 74-77, 12-12-77)
Sec. 13A-4. Powers and duties of commission generally.
(a) After public hearing, the commission shall adopt, promulgate,
amend or rescind such rules and regulations as it deems necessary and
administratively feasible to carry out the provisions of this chapter,
in accordance with Chapter 120, Florida Statutes. Prior to adoption of
rules and regulations by the commission, the commission shall apply the
effective rules and regulations, promulgated by the public employees
relations commission of this state, as amended.
(b) To accomplish the objectives and to carry out the duties
prescribed by this chapter, the commission may subpoena witnesses, may
issue subpoenas to require the production of books, papers, records and
documents which may be needed as evidence of any matter under inquiry,
and may administer oaths and affirmations.
(c) In cases of neglect or refusal to obey a subpoena issued to
any person, the circuit court of the county in which the investigations
or the public hearings are taking place, and upon application by the
commission, may issue an order requiring such person to appear before
the commission and produce evidence about the matter under investiga-
tion. A failure to obey such order may be punished by the court as a
contempt.
-6- Ord. No. 70-79
(d) Any subpoena, notice of hearing or other process or notice of
the commission issued under the provisions of this chapter shall be .
served personally or by certified mail. A return made and verified by
the individual making such service and setting forth the manner of such
service is proof of service and a returned post office receipt, when
certified mail is used, is proof of service. All process of any court
to which application may be made under the provisions of this chapter
shall be served in the county wherein the persons required to be served
reside or may be found.
(e) The commission shall adopt rules as to the qualifications of
persons who may serve as mediators and special masters, shall maintain
lists of such qualified persons who are not employees of the commission
and sha~ may initiate dispute resolution procedures by special masters
pursuant to the provisions of this chapter.
(f) Pursuant to its established procedures, the commission shall
resolve questions and controversies concerning claims for recognition
as the bargaining agent for a bargaining unit, determine or approve
units appropriate for purposes of collective bargaining and investigate
charges of e~eme~-~-~h~b~e~ unfair labor practices, and e~a~es
~-s%~m~ violations of Section 13A-19 by public employees.
(g) The commissionshall provide by rule a procedure for the
filing and prompt disposition of petitions for a declaratory s~e~eme~%s
statement as to the applicability of any statutory provision or any ,
rule or order of the commission. Such rule, or rules, shall provide
for, but not be limited to, an expeditious disposition of petitions
posing questions relating to
p~h~b~e~ potential unfair labor practices. Commission disposition of
petitions shall be final agency action. (Ord. No. 74-77, 12-12-77)
Sec. 13A-5. Public employer's rights generally.
It is the right of the public employer to determine unilaterally
the purpose of each of its constituent agencies, set standards of
services to be offered to the public, and exercise control and discre-
tion over its organization and operation. It is also the right of the
public employer to direct its employees, take disciplinary action for
proper cause, and relieve its employees from duty because of lack of
work or for other legitimate reasons; provided, however, that the
exercise of such rights shall not preclude employees or their repre-
sentatives from raising grievances, should decisions on the above
matters have the practical consequences of violating the terms and con-
ditions of any collective bargaining agreement in force, or civil or
career service regulation. (Ord. No. 74-77, 12-12-77)
Sec. 13A-6. Public employees' rights; organization and representation.
(a) Public employees shall have the right to form, join and
participate in, or to refrain from forming, joining or participating in
any employee organization of their own choosing.
(b) Public employees shall have the right to be represented by
any employee organization of their own choosing, to negotiate collec-
tively through a certified bargaining agent with their public employer
in the determination of the terms and conditions of their employment,
excluding any provisions of the Florida Statutes or appropriate ordi-
nances relating to retirement. Public employees shall have the right
to be represented in the determination of grievances on all terms and
conditions of their employment. Public employees shall have the right
to refrain from exercising the right to be represented.
(c) Public employees shall have the right to engage in concerted
activities not prohibited by law, for the purpose of collective bar-
gaining or other mutual aid or protection. Public employees shall also
have the right to refrain from engaging in such activities.
-7- Ord. No. 70-79
(d) Nothing in this chapter shall be construed to prevent any
public employee from presenting, at any time, his own grievances, in
person or by legal counsel, to his public employer, and having such'
grievances adjusted without the intervention of the bargaining agent,
if the adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and if the bargaining agent has
been given reasonable opportunity to be present at any meeting called
for the resolution of such grievances. (Ord. No. 74-77, 12-12-77)
Sec. 13A-7. Dues; deduction and collection.
Any employee organization which has been certified as a bargaining
agent shall have the right to have its dues and uniform assessments
deducted and collected by the employer from the salaries of those
employees who authorize the deduction of said dues and uniform assess-
ments, provided that such authorization is revocable at the employee's
request upon thirty (30) days' written notice to the employer and
employee organization. Said deductions shall commence upon the bar-
gaining agent's written request to the employer. Reasonable costs to
the employer of such deductions shall be a proper subject of collective
bargaining. Such right to deduction, unless revoked pursuant to sec-
tion 13A-20 shall be in force for so long as the employee organization
remains the certified bargaining agent for the employees in the unit.
The public employer is expressly prohibited from any involvement in the
collection of fines, penalties or special assessments. (Ord. No.
74-77, 12-12-77)
Sec. 13A-8. Registration of employee organization.
(A) Every employee organization seeking to become a certified
bargaining agent for public employees shall register with the
commission pursuant to the procedures set forth in Section 120.60,
Florida Statutes, prior to requesting recognition by a public employer
~ and prior to submitting a petition to the commission
a~-a~-ame~de~-~epe~-wheae~e~-eha~ges-a~e-ma~e?-wh~eh certification as
an exclusive barqaininq agent. Further, if such employee organization
is not registered, it may not participate in a representation hearing,
participate in a representation election, or be certified as an
exclusive bargaining agent. The application for registration required
by this section shall be under oath and in such form as the commission
may prescribe and shall include:
(1) The name and address of the organization and of any parent
organization or organization with which it is affiliated;
(2) The names and addresses of the principal officers and all
representatives of the organization;
(3) The amount of the initiation fee and of the monthly dues
which members must pay;
(4) The current annual financial statement of the organization;
(5) The name of its business agent a~? ,if any; if different
from the business agent, the name of its local agent for
service of process i and the a~ess addresses where such
person or persons can be reached;
(6) A pledge, in a form prescribed by the commission, that the
employee organization will conform to the laws of the city
and state and that it will accept members without regard to
age, race, sex, religion or national origin; and
-8- Ord. No. 70-79
(7) A copy of the current constitution and bylaws of the
employee organization. Evidence that the organization h~s
complied with the registration and reporting requirements of
Chapter 447, Part I, of the Florida Statutes, and evidence
that its business agent is licensed in accordance with the
provisions of Section 447.04, Florida Statutes.
(8) Any change in the information required by section 13A-8
shall be reported to the commission at the time the
reporting employee organization files with the commission
the annual financial report required hereunder.
(9) A copy of the current constitution and bylaws fo the state
and national groups with which the employee organization is
affiliated or associated. In lieu of this provision, and
upon adoption of a rule by the commission, a state or
national affiliate or parent organization of any register-
ing labor organization may annually submit a copy of its
current constitution and bylaws.
(B) ~e~y-em~eyee-e~~~-sha~½-~e-a~a½½y-w~-~e
~emm~ss~8~-a A_.registration granted to an employee organization
~ursuant to the provisions of this section shall run for one year from
the date of issuance. A registration shall be renewed annually by
filing application for renewal under oath with the commission, which
application shall reflect any changes in the information provided to
the commission in conjunction with the employee organization's pre-
ceding application for registration or previous renewal, whichever is
applicable. Each application for renewal of registration shall in-
clude a current annual financial report signed by its president and
treasurer or corresponding principal officers containing the following
information in such detail as may be necessary accurately to disclose
its financial condition and operation for its preceding fiscal year:
(1) Assets and liabilities at the beginning and end of the
fiscal year;
(2) Receipts of any kind and the sources thereof;
(3) Salary, allowances and other direct or indirect disburse-
ments (including reimbursed expenses) to each officer and
also to each employee who, during such fiscal year, received
more than ten thousand dollars ($10,000.00) in the aggregate
from such employee organization and any other employee
organization affiliated with it or with which it is affili-
ated, or which is affiliated with the same national or
international employee organization;
(4) Direct and indirect loans made to any officer, employee or
member, which aggregated more than two hundred fifty dollars
($250.00) during the fiscal year, together with a statement
of the purpose, security, if any, and arrangements for
repayment; and
(5) Direct and indirect loans to any business enterprise,
together with a statement of the purpose, security, if any,
and arrangements for repayment; all in such categories as
the commission may prescribe.
(C) A registration fee shall accompany ~he-~a~-~e~-~e~
w~h-~he-e~mm~s~?-a~-a~-a~a~-~a~e~a½-~e~~-~ee-sha~-ae~m-
m~ey-sha~½-~e-~ep~s~%e~-~-%he-~e~e~a½-~e~e~e-~ each application.
The amount charged for an application for registration or renewal of
registration shall not exceed fifteen dollars ($15.00)7-e,~-~Be-am~%
eha~e~-~-a~-a~a~-~epe~-~ee-sha~-~-eMeee~-~ee~-~½a~s
~8~%. All such money collected by the commission shall be deposited
in the general revenue fund.
-9- Ord. No. 70-79
(D) Notification of registrations and renewals of registration
shall be furnished at regular intervals by the commission to the ·
Division of Labor of the Department of Labor and Employment Security.
~B~ (~) Every employee organization shall keep accurate accounts
of its income and expenses which accounts shall be open for inspection
by any member of the organization or by the commission at all reason-
able times.
~---A-e~p~-e~-~he-e~e~-ee~~-a~-b~½~ws-~-~e-s~e
a~-~a~a~-~e~ps-w~h-wh~e~-~he-emp~Yee-e~ga~a~-~s-a~a~e~
e~-assee~a~e~-~ha~-aeeemp&~y-eaeh-e~a~-~epe~
(F) If an employee organization is properly registered with the
state public employee relations commission and the employee organiza-
tion furnishes to the Delray Beach Public Employees Relations Commis-
sion proof of proper registration, either through:
(1) Certified copies of the registration material filed with the
state public employees relations commission; or
(2) (a) Copies of the registration material supplies to the
state public employees relations commission; and,
(b) A statement from the state public employees relations
commission that the employee organization is properly
registered with the state public employees relations
commission,
then the Delray Beach Public Employees Relations Commission will accept
proof of proper registration with state PERC in lieu of the other
registration requirements provided in this chapter. In the event that
an employee organization has not begun the registration process with
PERC, or has not completed the registration process within the time
required by law, then the employee organization shall properly register
with the Delray Beach Public Employees Relations Commission in the
manner provided for in this chapter.
Sec. 13A-9. Certification of employee organization.
(A) Any employee organization which is designated or selected by a
majority of public employees in an appropriate unit as their represent-
ative for purposes of collective bargaining shall request recognition
by the public employer. The public employer shall, if satisfied as to
the majority status of the employee organization and the appropriate-
ness of the proposed unit, recognize the employee organization as the
collective bargaining representative of employees in the designated
unit. Upon recognition by a public employer, the employee organization
shall immediately petition the commission for certification. The
commission shall review only the appropriateness of the unit proposed
by the employee organization. If the unit is appropriate according to
the criteria used in this chapter, the commission shall immediately
certify the employee organization as the exclusive representative of
all employees in the unit. If the unit is inappropriate according to
the criteria used in this part, the commission may dismiss the
petition.
Whenever a public employer recognizes an employee organization on
the basis of majority status and on the basis of appropriateness in
accordance with section 13A-9(D)(6)(e) of this section, the commission
shall, in the absence of inclusion of a prohibited category of em-
ployees or violation of section 13A-16, certify the proposed unit.
-10- Ord. No. 70-79
(B) If the public employer refuses to recognize the employee
organization, the employee organization may file a petition with the
commission for certificationas the bargaining agent for a proposed
bargaining unit. The petition shall be accompanied by dated statements
signed by at least thirty (30) per cent of the employees in the pro-
posed unit indicating that such employees desire to be represented for
purposes of collective bargaining by the petitioning employee organi-
zation. Once a petition for certification has been filed by an employ-
ee organization, any registered employee organization desiring placement
on the ballot in any election to be conducted pursuant to this section
may be permitted by the commission to intervene in the proceeding
, upon ~-~~ a motion ~ ~e-~e~ve~e accompanied by dated state-
ments signed by at least ten (10) per cent of the employees in the
proposed unit, indicating that such employees desire to be represented
for the purpose of collective bargaining by the moving employee organ-
ization. Any employee, employer or employee organization having suffi-
cient reason to believe any of the employee signatures were obtained by
collusion, coercion, intimidation or misrepresentation, or are other-
wise invalid, shall be given a reasonable opportunity to verify and
challenge the signatures appearing on the petition.
(C) (1) The commission or one of its designated agents shall
investigate the petition to determine its sufficiency;
if it has reasonable cause to believe that the peti-
tion is sufficient, the commission shall provide for
an appropriate hearing upon due notice. Such a
hearing may be conducted by an agent of the commis- ,
sion. If the commission finds the petition to be
insufficient, it may dismiss the petition. If the
commission finds upon the record of the hearing that
the petition is sufficient; it shall immediately:
(a) Define the proposed bargaining unit and deter-
mine which public employees shall be qualified
and entitled to vote at any election held by the
commission;
(b) Identify the public employer or employers for
purposes of collective bargaining with the
bargaining agent;
(c) order an election by secret ballot, the cost of
said election and any required run-off election
to be borne equally by the parties, except as
the commission may provide by rule. The
commission's order assessing costs of an elec-
tion may be enforced pursuant to the provi-
sions of this chapter.
(2) Where an employee organization is selected by a major-
ity of the employees voting in an election, the com-
mission shall certify the employee organization as the
exclusive collective bargaining representative of all
employees in the unit.
(3) In any election in which none of the choices on the
ballot receives the vote of a majority of the em-
ployees voting, a run-off election shall be held
according to rules promulgated by the commission.
-11- Ord. No. 70-79
(4) No petition may be filed seeking an New election may
~e-e~e~e~ in any appropriate bargaining unit to
determine the exclusive bargaining agent ~e~ese~-
~e if a ~ep~e~e~~e representation election has
been conducted with the preceding twelve-month period.
Furthermore, if a valid collective bargaining agree-
ment covering any of the employees in a proposed
unit is in effect, a petition for certification may
be filed with the commission only during the period
extendinq from 150 days to 90 days immediately pre-
ceding the expiration date of said agreement, or at
any time subsequent to its expiration date but prior
to the effective date of any new agreement. The
effective date of a collective bargaining agreement
means the date of ratification by both parties, if
the agreement becomes effective immediately or retro-
actively; or its actual effective date, if the agree-
ment becomes effective after its ratification date.
(D) In defining a proposed bargaining unit, the commission shall
take into consideration:
(1) The principles of efficient administration of government.
(2) The number of employee organizations with which the employer
might have to negotiate.
(3) The compatibility of the unit with the joint responsibilities
of the public employer and public employees to represent the
public.
(4) The power of the officials of government at the level of the
unit to agree or make effective recommendations to other
administrative authority or legislative body with respect to
matters of employment upon which the employee desires not to
negotiate.
(5) The organizational structure of the public employer.
(6) Community of interest among the employees to be included in
the unit, considering:
(a) The manner in which wages and other terms of employ-
ment are determined.
(b) The method by which jobs and salary classifications
are determined.
(c) Interdependence of jobs and interchange of employees.
(d) Desires of the employees.
(e) The history of employee relations within the organi-
zation of the public employer concerning organization
and negotiation, and the interest of the employees and
the employer in the continuation of a traditional,
workable and accepted negotiation relationship.
(7) The statutory authority of the public employer to administer
a classification and pay plan.
(8) Such other factors and policies as the commission may deem
appropriate; provided that no unit shall be established or
approved for purposes of collective bargaining which in-
cludes both professional and nonprofessional employees
unless a majority of each group votes for inclusion in such
unit. (Ord. No. 74-77, 12-12-77)
-12- Ord. No. 70-79
(E) (1) Any employee or group of employees who no longer
desires to be represented by the certified bargaining
a~ent may file with the commission a petition to re-
voke certification. The petition shall be accompanied
by dated statements signed by at least 30 per cent of
the employees in the unit, indicating that such em-
Dloyees no longer desire to be represented for pur-
poses of collective bargaining by the certified bar-
gaining agent. The time of filing said petition shall
be governed by the provisions of paragraph (4) of
subsection (C), relating to petitions for certifica-
tion. Any employee or employee organization having
sufficient reason to believe any of the employee sig-
natures were obtained by collusion, coercion, intimi-
dation, or misrepresentation, or are otherwise in-
valid, shall be given a reasonable opportunity to
verify and challenge the signatures appearing on the
petition. The commission or one of its designated
agents shall investigate the petition to determine its
sufficiency. If the commission finds the petition to
be insufficient it may dismiss the petition. If the
commission finds that the petition is sufficient, it
shall immediately:
(a) Identify the bargaining unit and determine which
public employees shall be qualified and entitled
to vote in the election held by the commission.
(b) Identify the public employer or employers.
(c) Order an election by secret ballot, the cost of
said election to be borne equally by the
parties, except as the commission may provide by
rule. The commission's order assessing costs of
an election may be enforced pursuant to the pro-
visions of this chapter.
(2) If a majority of the employees voting in such election vote
against the continuation of representation by the certified
bargaining agent the certification of the employee organi-
zation as the exclusive bargaining agent for the employees
in the bargaining unit shall be revoked.
(3) If a majority of the employees voting in such election do
not vote against the continuation of representation by the
certified bargaining agent, the certification of the em-
ployee organization as the exclusive bargaining agent for
the employees in the unit shall be retained by the organi-
zation.
Sec. 13A-10. Collective bargaining; approval or rejection
(a) After an employee organization has been certified pursuant to
the provisions of this chapter, the bargaining agent for the organ-
ization, and the chief executive officer of the appropriate public
employer or employers jointly shall bargain collectively in the deter-
mination of the wages, hours and terms and conditions of employment of
the public employees within the bargaining unit. The chief executive
officer, or his representative, and the bargaining agent, or its repre-
sentative shall meet at reasonable times and bargain in good faith. In
conducting negotiations with the bargaining agent, the chief executive
officer or his representative shall consult with, and attempt to repre-
sent the views of the legislative body of the public employer. Any
collective bargaining agreement reached by the negotiators shall be
reduced to writing, and such agreement shall be signed by the chief
executive officer and the bargaining agent. Any agreement signed by
-13- Ord. No. 70-79
the chief executive officer and the bargaining agent shall not be
binding on the public employer until such agreement has been ratified
at a regularly scheduled meeting of the public employer and by public
employees who are members of the bargaining unit, subject to the pro-
visions of subsections (b) and (c) of this section.
(b) Upon execution of the collective bargaining agreement, the
chief executive shall, in his annual budget, request or by other appro-
priate means, request the legislative body to appropriate such amounts
as shall be sufficient to fund the provisions of the collective bar-
gaining agreement If less than the requested amount is appropriated
the collective bargaining agreement shall be administered by the chief
executive officer on the basis of the amounts appropriated by the
legislative body. The failure of the legislative body to appropriate
funds sufficient to fund the collective bargaining agreement shall not
constitute nor be evidence of any unfair labor practice.
(c) If any provision of a collective bargaining agreement is in
conflict with any law, ordinance, rule or regulation over which the
chief executive officer has no amendatory power, the chief executive
officer shall submit to the appropriate governmental body having amend-
atory power a proposed amendment to such law, ordinance, rule or regu-
lation. Unless and until such amendment is enacted or adopted and
becomes effective, the conflicting provision of the collectve bargain-
ing agreement shall not become effective.
(d) If the agreement is not ratified by the public employer or is
not approved by a mojority vote of employees voting in the unit, in
accordance with procedures adopted by the commission, the agreement
shall be returned to the chief executive officer and the employee
organization for further negotiations.
(e) Any collective bargaining agreement shall not provide for a
term of existence of more than three (3) years, and shall contain all
of the terms and conditions of employment of the employees in the
bargaining unit during such term, except those terms and conditions
provided for in any Florida Statute or appropriate ordinance relating
to retirement and in applicable merit and civil service rules and
regulations. (Ord. No. 74-77, 12-12-77)
Sec. 13A-11. Grievance procedures.
Each public employer and bargaining agent shall negotiate a griev-
ance procedure to be used for the settlement of disputes between em-
ployer and employee, or group of employees, involving the interpreta-
tion or application of a collective bargaining agreement. Such griev-
ance procedure shall have as its terminal step a final and binding
disposition by an impartial neutral, mutually selected by the parties;
provided, however, that an arbitrator or other neutral shall not have
the power to add to, subtract from, modify or alter the terms of a
collective bargaining agreement. If an employee organization is certi-
fied as the bargaining agent of a unit, the grievance procedure then in
existence may be the subject of collective bargaining and any agreement
which is reached shall supersede the previously existing procedure.
All public employees shall have the right to a fair and equitable
grievance procedure, administered without regard to membership or
nonmembership in any organization, except that certified employee
organizations shall not be required to process grievances for employees
who are not members of the organization. A career service employee
shall have the option of utilizing the civil service appeal procedure
or a grievance procedure established under this section, but such
employee cannot use both a civil service appeal and a grievance proce-
dure. (Ord. No. 74-77, 12-12-77)
-14- Ord. No. 70-79
Sec. 13A-12. Resolution of impasses.
(A) 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 occured when one
of the parties so declares in writing to the other party and to the
commission. %Fnere 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 im-
passe.
(B) If no mediator is appointed, or upon the request of either
party, the commission shall:
(1) Appoint a special master and submit all unresolved issues to
a special master acceptable to both parties. If the parties
are unable to agree on the appointment of a special master,
the commission shall appoint, in its discretion, a qualified
special master. Provided that nothing in this section shall
preclude the parties from using the services of a mediator
at any time during the conduct of collective bargaining.
(2) The special master 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 un-
resolved contract issues. The hearings shall be held at
times, dates and places to be established by the special
master in accordance with rules promulgated by the
commission. The special master shall be empowered to
administer oaths and issue subpoenas on behalf of the
parties to the dispute or on his own behalf. Within fifteen
(15) calendar days after the close of the final hearing, the
special master shall transmit his recommended decision to
commission which shall within five (5) working days after
receipt thereof transmit the recommended decision to the
representatives of both parties. Such recommended decision
shall be discussed by the parties and shall be deemed
approved by both parties unless either party by written
notice, filed with the commission within twenty (20)
calendar days after the date the commission mailed the
special master's recommended decision to the parties, re-
jects the recommended decision. The written notice shall
include a statement of the cause for rejection and shall be
served upon the other party.
(3) In the event that either the public employer or the employee
organization does not accept in whole or in part the
recommended decision of the special master:
(a) The chief executive officer of the governmental entity
involved shall, within ten (10) days after rejection
of the recommended decision of th special master sub-
mit to the legislative body of the governmental entity
involved a copy of the findings of fact and recommended
decision of the special master, together with the
chief executive officer's recommendations for settling
the dispute. The chief executive officer shall also
transmit his recommendations to the employee organiza-
tion.
(b) The employee organization shall submit its recommenda-
tions for settling the dispute to such legislative
body and to the chief executive officer.
-15- Ord. No. 70-79
(c) The legislative body or a duly authorized commitee
thereof shall forthwith conduct a public hearing a~
which the parties shall be required to explain their
positions with respect to the recommended decision of
the special master.
(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. (Ord. No. 74-77, 12-12-77)
Sec. 13A-13. Factors to be considered by the special master.
The special master shall conduct the hearings and render his
recommended decision with the objective of achieving a prompt, peaceful
and just settlement of disputes between the public employee organ-
izations and the public employer. The factors, among others, to be
given weight by the special master in arriving at a recommended deci-
sion shall include:
(1) Comparison of the annual income of employment of the public
employees in question with the annual income of employment
maintained for the same or similar work of employees ex-
hibiting like or similar skills under the same or similar
working conditions in the local operating area involved.
(2) Comparison of the annual income of employment of the public
employees in question with the annual income of employment
of public employees in similar public employee governmental
bodies of comparable size within the State of Florida.
(3) Interest and welfare of the public.
(4) Comparison of peculiarities of employment in regard to other
trades or professions, specifically:
(a) Hazards of employment;
(b) Physical qualifications;
(c) Educational qualifications;
(d) Intellectual qualifications;
(e) Job training and skills;
(f) Retirement plans;
(g) Sick leave;
(h) Job security; and
(i) Availability of funds. (Ord. No. 74-77, 12-12-77)
Sec. 13A-14. Compensation of mediator and special master; steno-
graphic and other expenses.
The compensation of the mediator and special master and all steno-
graphic and other expenses shall be borne equally by the parties.
(Ord. No. 74-77, 12-12-77)
Sec. 13A-15. Records.
All records which are relevant to or have bearing upon any issue
or issues raised by the proceedings conducted by the special master
shall be made available to the special master by the request in writing
to any of the parties to the impasse proceedings. Notice of such
request shall be furnished to all parties. Any such records which are
made available to the special master shall also be made available to
any other party to the impasse proceedings upon written request. (Ord.
No. 74-77, 12-12-77)
-16- Ord. No. 70-79
Sec. 13A-16. Unfair labor practices.
(a) Public employers or their agents or representatives are
prohibited from:
(1) Interfering with, restraining or coercing public employees
in the exercise of any rights guaranteed them under this
chapter;
(2) Encouraging or discouraging membership in any employee
organization by discrimination in regard to hiring, tenure
or other conditions of employment;
(3) Refusing to bargain collectively or failing to bargain
collectively in good faith, or refusing to sign a final
agreement agreed upon with the certified bargaining agent
for the public employees in the bargaining unit;
(4) Discharging or discriminating against a public employee
because he has filed charges or given testimony under this
chapter;
(5) Dominating, interfering with, or assisting in the formation,
existence or administration of any employee organization, or
contributing financial support to such an organization;
(6) Refusing to discuss grievances in good faith, pursuant to
the terms of the collective bargainig agreement with either
the certified bargaining agent or the public employee or
employees involved.
(b) A public employee organization or anyone acting in its behalf,
its officers, representatives, agents or members are pro-
hibited from:
(1) Interfering with, restraining or coercing public employees
in the exercise of any rights guaranteed them under this
chapter, or from interfering with, restraining or coercing
managerial employees by reason of their performance of job
duties or other activities undertaken in the interests of
the public employer;
(2) Causing or attempting to cause a public employer to dis-
criminate against an employee because of the employee's
membership or nonmembership in an employee organization or
to attempt to cause the public employer to violate any of
the provisions of this chapter;
(3) Refusing to bargain collectively or failing to bargain
collectively in good faith with a public employer;
(4) Discriminating against an employee because he has signed or
filed an affidavit, charge, petition or complaint, or given
any information or testimony in any proceedings provided for
in this chapter;
(5) Participating in a strike against the public employer by
instigating or supporting, in any positive manner, a strike.
Any violation of this section shall subject the violator to
the penalties provided in this chapter;
(6) Instigating or advocating support, in any positive manner,
for an employee organization's activities from high school
or grade school students, or institutions of higher learn-
ing.
-17- Ord. No. 70-79
(c) Notwithstanding the provisions of subsections (a) and (b),
the parties' rights of free speech shall not be infringed upon, and ~the
expression of any argument or opinions shall not constitute or be
evidence of an unfair employment practice or of any other violation of
this chapter, if such expression contains no promise of benefits, nor
threat of reprisal or force. (Ord. No. 74-77, 12-12-77)
See~-~A-~--~ha~ge~-~-u~a~-½abe~-p~ae~ees~
a~M-age~%-aes~gma%e~-by-%he-eemm~ss~e~-~e~-s~e½-p~pese~
aR~-eaese-%e-be-se~e&-epeR-~he-pe~sear-a-eemp~&~R%
aa~-a-a~ee-e~-hea~R~-Be~e~e-~he-eemm~ss~em-e~-a
~he-eemm~ss~ea~--Aay-eha~ge-may-Be-amea~ea-by-%he
~pea-wh~m-~e-eemp½a~m~-~s-se~e~-sha½~-f~½e-aa-aaswe~
-18- Ord. No. 70-79
§~aa~e~-~empe~a~y-~e½~e~?-~he-eemm~ss~ea-may-pe~ea
~he-e~e~-eeu~-~e~-app~ep~a~e-~n~e~e-~e~e~r
pe~-~he-~a~-a~ea~e~-~y-~he-eemm~ss~ea-w~h
~espe~-~e-s~e~-~a~e~=--~pea-~e-f~a~-e~-eay-s~e~
pe~ea?-~e-ee~-s~a½½-~a~se-a~e-~e~e~-~e-~e
se~e~-~p~a-~e-pe~es?-aa~-~e~e~a-s~a~-~a~e
~s~e~a-~e-g~aa~-s~e~-~empe~a~-~e½~e~-e~-~e-
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~&~-p~ae~se-~as-~eea-semm~e~-~ea-~-s~a~-~ss~e
aa~-~a~se-~-~e-se~e~-ea-~e~-~eg~ag-~e-~es~-
as-w~½~-e~ee~a~e-~e-pe½~es-s~-~s-e~ap~e~--~Me
s~ew~a§-~e-e~ea~-~-w~e~-~e-~as-e~m~½~e~-w~-~e
~---~f?-~p~a-e~as~e~e~ea-~-~e-e~ea~e-~e~ea?-~e
~e-e~a~e-~as-ae~-ea~&~e~-~.-aa~-~s-ae~-ea~&~a~-~a
a~aey&s-~ees-aa~-e~e~-w~aess-fees?-w~eae~e~-~e
eemm~ss~ea-~e~e~m~es-~ha~-s~e~-aa-ew~-~s-app~ep~a~e?
~a~ess-~he-pe~sea-a~g~e~e~-~he~eb~-w~s-p~e~ea~e~-~em
~½~a~-~he-eha~ge-by-~easea-e~-se~ee-~a-~he-a~me~
eemp~e~-f~em-~he-~ay-ef-h~s-d~seha~ge=
s~e~emea~-e~-aa~-~n~v~Ma~-as-aa-emp½eyee-whe-has
beea-s~spea~e~-e~-~fseha~e~?-e~-~he-pa~meae-~e-h~m-ef
-19- Ord. No. 70-79
Sec. 13A-17. Charges of unfair labor practices.
It is the intent of the city council of the City of Delra¥ Bea6h,
Florida, that the commission act as expeditiously as possible to settle
disputes regarding alleged unfair labor practices. To this end viola-
tions of the provisions of section 13A-16 shall be remedied by the
commission in accordance with the following procedures and in accord-
ance with chapter 120, Florida Statutes; however, to the extent that
chapter 120, Florida Statutes, is inconsistent with the provisions of
this section, the procedures contained in this section shall govern:
(1) A proceeding to remedy a violation of the provisions of
section 13A-16 shall be initiated by the filing of a charge
with the commission by an employer, employee, or employee
organization, or any combination thereof. Such a charge
shall contain a clear and concise statement of facts con-
stituting the alleged unfair labor practice, including the
names of all individuals involved in the alleged unfair
labor practice and specific reference to the provisions of
section 13A-16 alleged to have been violated, and such other
relevant information as the commission may by rule require
or allow. Service of the charge shall be made upon each
named respondent at the time of filing with the commission.
The charge must be accompanied by sworn statements and
documentary evidence sufficient to establish a prima facie
violation of the applicable unfair labor practice provision.
Such supporting evidence is not to be attached to the charge
and is to be furnished only to the commission.
(2) The commission, or any agent designated by it for such pur-
pose, shall thereupon review the charge to determine its
sufficiency.
(a) If upon review it is determined that the charge is
insufficient, the commission or its designated agent
may issue a summary dismissal of the charge. A charg-
ing party whose charge is dismissed by a d~sisnated
agent may appeal the dismissal to the commission
within 20 days after the date of issuance of the
dismissal. If the commission finds the charge to be
sufficient, it shall reinstate the charge.
(b) If upon review it is determined that the charge is
sufficient, the commission shall notify the parties.
Each respondent so charged shall thereupon file an
answer to the charge with the commission, and serve a
copy upon the charging party, no more than 20 days
after service of notification of the sufficiency of
the charge, unless otherwise allowed by the commisC
sion. The commission, in its discretion, may allow a
charge or answer to be amended at any time. The
commission may also, in its discretion, allow other
interested parties to intervene in the proceeding.
(c) Upon.completion of the review, the evidence filed with
commission in support of the charge shall be made
available upon request in accordance with the provi-
sions of chapter 119, Florida Statutes.
-20- Ord. No. 70-79
(3) ~enever a charging.pparty alleges that a respondent has
engaged in unfair labor practices and that the charging
party will suffer substantial and irreparable injury if he
is not granted temporary relief, the commission may petition
the circuit court for appropriate injunctive relief pending
the final adjudication by the commission with respect to
such matter. Upon the filing of any such petition, the
court shall cause notice thereof to be served upon the
parties and, thereupon, shall have jurisdiction to grant
such temporary relief or restraining order as it deems just
and proper.
(4). The commission may issue prehearing orders requiring the
parties to provide written statements of relevant issues of
fact and law, and such other information as the commission
may require to expedite the resolution of the case. Such
orders may further direct the parties to identify witnesses,
exchange intended exhibits and documentary evidence, and
appear at a conference before the commision or a member
thereof, or a designated hearing officer, for the purpose of
handling such matters as will aid the commission in expedi-
tiously resolving the case before it.
(5) Whenever the proceeding involves a disputed issue of mater-
ial fact and an evidentiary hearing is to be conducted:
(a) The commission shall issue and serve upon all parties
a notice of hearing before an assigned hearing officer
at a time and place specified therein. Such notice
shall be issued at least 14 days prior to the sche-
duled hearing.
(b) The evidentiary hearing shall be conducted by a hear-
ing officer designated by the commission. Said hear-
ing officer may be the commission itself, a member of
the commission, or an agent designated by the commis-
sion for such purpose, provided that such agent shall
be an employee of the commission and a member of The
Florida Bar.
(c) Not later than 45 days, unless extended by the com-
mission with the consent of all parties, after the
close of the evidentiary hearing, the hearing officer
shall submit to the commission and to all parties a
recommended order which shall include findings of fact
and recommended rulings on procedural matters. The
recommended order may also include recommended con-
clusions of law if requested by the commission.
If the hearing was held before the commission or a
member of the commission, the commission may elect to
issue a final order which is in compliance with sec-
tion 120.58(1)(e) and section 120.59, Florida Sta-
tutes.
(6) (a) If, upon consideration of the record in the case, the
commission finds that an unfair labor practice has
been committed, it shall issue and cause to be served
an order requiring the appropriate party or parties to
cease and desist from the unfair labor practice, and
take such positive action, including reinstatement of
employees with or without back pay, as will best
implement the general policies expressed in this
chapter. However, no order of the commission shall
require the reinstatement of any individual as an
employee who has been suspended or discharged, or the
-21- Ord. No. 70-79
payment to him of any back pay, if the individual was
suspended or discharged for cause. The order may
further require the party or parties to make periodic
reports showing the extent to which it has complied
with the order. If, upon consideration of the record
in the case, the commission finds that an unfair labor
practice has not been or is not being committed, it
shall issue an order dismissing the case.
(b) If the commission determines that the alleged unfair
labor practice occurred more than 6 months prior to
the filing of the charge, the commission shall issue
an order dismissing the case unless the person filing
the ~har~e was prevented from doing so by reason of
service in the Armed Forces, in which case the 6-month
period shall run from the date of the person's dis-
charge.
(c) The commission may award to the prevailing party all
or part of the costs of litigation, reasonable attor-
ney's fees and expert witness fees whenever the com-
mission determines that such an award is appropriate.
(d) Final orders of the commission issued pursuant to this
section shall be enforced pursuant to the provisions
of section 13A-17.1 and shall be reviewed pursuant to
the provisions of section 13A-18.
Sec. 13A-17.1 Enforcement of commission orders.
In case of any failure by any employer, employee, or employee
prganization to comply with any order of the commission, upon appli-
cation of the commission or, notwithstanding the provisions of section
120.69(1)(b)1, Florida Statutes, upon application of any person who is
a resident of the state and who is substantially interested in such
order, any circuit court of this state shall have jurisdiction to
enforce the order pursuant to the provisions of section 120.69, Florida
Statutes. However, if one or more petitions for enforcement and a
notice of appeal involving the same agency action are pending at the
same time, the district court of appeal considering the notice of
appeal shall order all such actions transferred to and consolidated in
the district court of appeal. If a petition for enforcement is filed
after the time for filing notice of appeal has expired, the respondent
~ay assert as a defense only that the agency action was not intended to
apply to respondent or that respondent has complied with the agency
action. Petitions for enforcement filed under this section shall be
~eard expeditiously by the circuit court to which presented, and shall
take precedence over all other civil matters except prior matters of
the same character.
Sec. 13A-18. Judicial review.
(a) The district courts of appeal are empowered upon the filing
of an appropriate pe~e~ notices of appeal, to review final orders of
the commission pursuant to section 120.68, Florida Statutes. A copy of
the pe~em notice of appeal shall be filed with the commission. The
~e~%~e~e~-sha~-~e-%he record in the proceeding, certified by the
commission, shall be filed with the court in accordance with the
Florida Appellate Rules.
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~e~e~-~-~he-app~p~a~e-~s~e~-e~-e~-appea~--S~e~-pe~e~-sha~
-22- Ord. No. 70-79
~e% (b) Upon the filing of a ~e%~%~ea notice of appeal, the
appropriate district court of appeal shall thereupon have jurisdiction
of the proceeding and may grant such temporary or permanent relieli~f
or restraining order as it deems just and proper, and may enforce,
modify, affirm or set aside, in whole or in part, the order of the
commission. The findings of the commission, with respect to questions
of fact, if supported by substantial evidence on the record considered
as a whole, shall be conclusive.
~ (c) The court may award to the prevailing party all or part
of the costs of litigation and reasonable attorney's fees and expert
witness fees, whenever the court determines that such an award is
appropriate ; however, no such costs or fees shall be assessed against
the commission in any appeal from an order issued by the commission
in an adjudicatory proceeding between adversary parties conducted
pursuant to this section.
~e~ (d) The commencement of proceedings under this section shall
not, unless specifically ordered by the district court of appeal,
operate as a stay of the commission's order.
~ (e) ~e~e~s Appeals filed under this ~a~ section shall be
heard expeditiously by the district court of appeal to which presented
and shall take precedence over all other civil matters except prior
matters of the same character. (Ord. No. 74-77, 12-12-77)
Sec. 13A-19. 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 for herein and under state law.
(Ord. No. 74-77, 12-12-77)
Sec. 13A-20. Violation of strike prohibition; penalties.
(A) Circuit courts having jurisdiction of the parties are vested
with the authority to hear and determine all actions alleging viola-
tions of section 13A-19 of this chapter. Suits to enjoin violations of
section 13A-19 of this chapter will have priority over all matters on
the court's docket except other emergency matters.
(B) If a public employee, a group of employees, an employee
organization, or any officer, agent or representative of any employee
organization, engages in a strike in violation of section 13A-19 of
this chapter, either the commission or any public employer whose
employees are involved or whose employees may be affect by the strike,
may file suit to enjoin the strike in the circuit court having proper
jurisdiction and proper venue of such actions, under the Florida Rules
of Civil Procedure and the Florida Statutes. The circuit court shall
conduct a hearing, with notice to the commission and to all interested
parties, at the earliest practicable time. If the plaintiff makes a
prima facie showing that a violation of section 13A-19 of this chapter
is in progress or that there is a clear, real and present danger that
such a strike is about to commence, the circuit court shall issue a
temporary injunction enjoining the strike. Upon final hearing, the
circuit court shall either make the injunction permanent or dissolve
it.
-23- Ord. No. 70-79
(C) If an injunction issued pursuant to this section to enjoin a
strike is not promptly complied with, on the application of the
plaintiff, the circuit court shall immediately initiate contempt pr6-
ceedings against those who appear to be in violation. An employee
organization found to be in contempt of court for violating an injunc-
tion against a strike shall be fined an amount deemed appropriate by
the court. In determining the appropriate fine, the court shall ob-
jectively consdier the extent of lost services and the particular
nature and position of the employee group in violation. In no event
shall the fine exceed five thousand dollars ($5,000.00). Each officer,
agent or representative of an employee organization found to be in
contempt of court for violating an injunction against a strike, shall
be fined not less thatn fifty dollars ($50.00) nor more than one hun-
dred dollars ($100.00) for each calendar day that the violation is in
progress.
(D) An employee organization shall be liable for any damages
which might be suffered by a public employer as a result of a violation
of the provisions of section 13k-19 of this chapter by the employee
organization or its representatives, officers and agents. The circuit
court having jurisdiction over such actions is empowered to enforce
judgments against employee organizations, as defined in this chapter,
by attachment or garnishment of union initiation fees or dues which are
to be deducted or checked off by public employers. No action shall be
maintained pursuant to this subsection until all proceedings which were
pending before the commission at the time of the strike or which were
initiated within thirty (30)days of the strike have been finally adju-
dicated or otherwise disposed of. In determining the amount of damages,
if any, to be awarded to the public employer, the trier of fact shall
take into consideration any action or inaction by the public employer
or its agents that provoked or tended to provoke the strike by the
public employees. The trier of fact shall also take into consideration
any damages that might have been recovered by the public employer under
subsection (F)(1)(d) of this section.
(E) If the commission, after a hearing on notice conducted
according to rules promulgated by the commission, determines an em-
ployee has violated section 13A-19 of this chapter, it may order the
termination of his employment by the public employer. Notwithstanding
any other provision of law, a person knowingly violating the provision
of such section may, subsequent to such violation be appointed or
reappointed, employed or reemployed, as a public employee, but only
upon the following conditions:
(1) Such person shall be on probation for a period of six (6)
months following his appointment or reappointment, employ-
ment or reemployment, during which period he shall serve
without tenure. During this period, the person may be
discharged only upon a showing of just cause;
(2) His compensation may in no event exceed that received by him
immediately prior to the time of the violation;
(3) The compensation of the person may not be increased until
after the expiration of one year from such appointment or
reappointment, employment or reemployment.
(F) (1) If the commission determines an employee organization
has violated section 13A-19 of this chapter, it may:
(a) Issue cease-and-desist orders as necessary to
insure compliance with its order.
(b) Suspend or revoke the certification of the em-
ployee organization as the bargaining agent of
such employee unit.
-24- Ord. No. 70-79
(c) Revoke the right of dues deduction and collec-
tion previously granted to the employee
organization pursuant to section 13A-17.
(d) Fine the organization up to twenty thousand
dollars ($20,000.00) for each calendar day of
such violation or determine the approximate cost
to the public due to each calendar day of the
strike and fine the organization an amount equal
to such cost, notwithstanding the fact that the
fine may exceed twenty thousand dollars
($20,000.00) for each such calendar day. The
fines so collected shall immediately accrue to
the public employer and shll be used by it to
replace those services denied the public as a
result of the strike. In determining the amount
of damages, if any, to be awarded to the public
employer, the commission shall take into con-
sideration any action or inaction by the public
employer or its agents that provoked or tended
to provoke the strike by the public employees.
(2) An organization determined to be in violation of the
provisions of section 13A-19 of this chapter shall not
be certified until one year from the date of final
payment of any fine against it.
(G) Orders of the commission pursuant to this section are review-
able in the district court of appral and may be enforced by such court.
(Ord. No. 74-77, 12-12-77)
Sec. 13A-21. Other unlawful acts.
(a) Employee organizations, their members, agents, representa-
tives or any person acting on their behalf are hereby prohibited from:
(1) Soliciting public employees during working hours of any
employee who is involved in the soliciation.
(2) Distributing literature during working hours in areas where
the actual work of public employees is performed, such as
offices, warehouses, schools, police stations, fire stations
and any similar public installations. This section shall
not be construed to prohibit the distribution of literature
during the employee's lunch hour or in such areas not speci-
fically devoted to the performance of the employee's offi-
cial duties.
(3) Instigating or advocating support, in any positive manner,
for an employee organization's activities from high school
or grade school students during classroom time.
(b) No employee organization shall directly or indirectly pay any
fines or penalties assesed against individuals pursuant to the provi-
sions of this chapter.
(c) The Circuit courts of this state shall have jurisdiction to
enforce the provisions of this section by injunction and contempt
proceedings, if necessary. A public employee who is convicted of a
violation of any provision of this section may be discharged or other-
wise disciplined by his public employer, notwithstanding further
provisions of law, and notwithstanding the provisions of any collective
bargaining agreement. (Ord. No. 74-77, 12-12-77)
-25- Ord. No. 70-79
Sec. 13A-22. Merit or civil service system; applicability.
The provisions of this chapter shall not be construed to repeal,
amend or modify the provisions of any law or ordinance establishing a
merit or civil service system for public employees or the rules and
regulations adopted pursuant thereto; or to prohibit or hinder the
establishment of other such personnel systems unless the provisions of
such merit or civil service system laws, ordinances or rules and regu-
lations adopted pursuant thereto are in conflict with the provisions of
this chapter in which event such laws, ordinances or rules and regula-
tions shall not apply, except as provided in section 13A-6(d). (Ord.
No. 74-77, 12-12-77)
Sec. 13A-23. Existing agreements.
All public employee agreements now in existence shall remain in
effect until their expiration. (Ord. No. 74-77 12-12-77)
Sec. 13A-24. Government in the sunshine.
(a) All discussions between the chief executive officer of the
public employer, or his representative, and the legislative body or the
public employer relative to collective bargaining shall be exempt from
Section 286.011, Florida Statutes.
(b) The collective bargaining negotiations between a chief execu-
tive officer, or his representative, and a bargaining agent shall be in
compliance with Section 286.011, Florida Statutes.
(c) All work products developed by the public employer in pre-
paration for negotiations, and during negotiations, shall be exempt
from Chapter 119 Florida Statutes. (Ord. No. 74-77, 12-12-77)
Sec. 13A-25. Severability.
It is declared to be the legislative intent that the provisions of
this chapter are severable. If any section, subsection, sentence,
clause or provision is found to be unconstitutional or invalid for any
reason the same shall not affect the remaining provisions of this
chapter. (Ord. No. 74-77, 12-12-77)
Sec. 13A-26. Review of commission rules.
The legislative body of the public employer shall retain the right
to approve, amend or rescind all rules promulgated by the commission
pursuant to this chapter. All rules, including all amendments, addi-
tions or deletions of rules adopted by the commission, shall have full
force and effect upon their approval by the state public employees
relations commission. (Ord. No. 74-77, 12-12-77)
Sec. 13A-27. Conflicting ordinances repealed.
Ordinance Nos. 68-74, 33-75 and 19-76 are hereby repealed on the
date this chapter becomes effective. Also, all other ordinances and
all parts of other ordinances in conflict herewith are repealed on the
date this chapter becomes effective. (Ord. No. 74-77, 12-12-77)
Sec. 13A-28. Effective date.
This chapter shall become effective after it has been passed on
second and final reading by the Delray Beach City Council, and has been
reviewed and approved by the state public employees relations commis-
sion. (Ord. No. 74-77, 12-12-77)
-26- Ord. No. 70-79
Sec. 13A-29. Preexisting State Public Employees Relations
Commission certifications.
If an employee organization registers with the Delray Beach Public
Employees Relations Commission pursuant to section 13A-8 of this chap-
ter, then the Delray Beach Public Employees Relations Commission shall
accept any certification issued by the state public employees relations
commission as to such employee organization, as if such certification
had been issued by the Delray Beach Public Employees Relations Com-
mission pursuant to section 13A-9 of this chapter. (Ord. No. 74-77,
12-12-77; Ord. No. 4-78, § 3, 2-27-78)
Sec. 13A-30. Transfer of pending cases.
The Delray Beach Public Employees Relations Commission shall
accept all cases involving the City of Delray Beach or any subdivision
or any agency thereof pending before the state public employees rela-
tions commission on the effective date of this section and will give
such cases the highest priority to expedite their disposition. (Ord.
No. 74-77, 12-12-77)
Sec. 13A-31. Chapter amendments.
No amendment of this chapter or Ordinance No. ~4-~ 70-79 shall
become effective unless and until such amendment is submitted to and
approved by the state public employees relations commission. (Ord. No.
4-78, ~ 4, 2-27-78)
Section 2. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by
a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 3. This ordinance shall become effective after it has
been passed on second and final reading by the Delray Beach City
Council, and has been reviewed and approved by the state public em-
ployees relations commission.
PASSED AND ADOPTED in regular session on second and final reading
on this the 8th day of OctQ~r , 1979.
x MAYO ~
ATTEST: LEON M. WEEKES
First Reading September 24, 1979
Second Reading October 8: 1979
-27- Ord. No. 70-79