74-77 ORDINANCE NO. 74-77
An Amendment to and Replacement for Ordinance Nos.
68-74, 33-75, and 19-76
AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION 2 (b) OF THE 1968
FLORIDA CONSTITUTION AND CHAPTER 166 OF THE FLORIDA STATUTES,
AND CHAPTER 447, FLORIDA STATUTES, RELATING TO LABOR, IMPLEMENTING
SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF
FLORIDA; BY ADOPTING AN AMENDED PUBLIC EMPLOYEE RELATIONS ORDI-
NANCE; PROVIDING RIGHT TO MUNICIPAL EMPLOYEES TO ORGANIZE AND
BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT;
EXPRESSING A STATEMENT OF POLICY, DEFINING COMMISSION, PUBLIC
EMPLOYER OR EMPLOYER, PUBLIC EMPLOYEE, MANAGERIAL EMPLOYEES,
CONFIDENTIAL EMPLOYEES, STRIKE, STRIKE FUNDS, BARGAINING UNIT,
CHIEF EXECUTIVE OFFICER FOR THE PUBLIC EMPLOYER, LEGISLATIVE
BODY, EMPLOYEE ORGANIZATION OR ORGANIZATION, BARGAINING AGENT,
PROFESSIONAL EMPLOYEE, COLLECTIVE BARGAINING, MEMBERSHIP DUES
DEDUCTION, CIVIL SERVICE, GOOD FAITH BARGAINING; PROVIDING A
METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINIS-
TRATION BY THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION
AND STATING ITS POWERS AND DUTIES; PROVIDING FOR CITY COUNCIL
REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES
AND EMPLOYERS; EXCLUDING RETIREMENT FROM COLLECTIVE BARGAINING;
PROVIDING PAYROLL DUES DEDUCTION AND TIME THEREOF; PROVIDING
RULES AND PROCEDURES FOR REGISTRATION, RECOGNITION AND CERTIFI-
CATION OF EMPLOYEE ORGANIZATIONS AND BARGAINING AGENTS AND
INTERVENTION BY 10 PERCENT SHOWING OF EMPLOYEES IN A PROPOSED
UNIT; PROVIDING FOR PAYMENT OF FEES AND EXPENSES IN COLLECTIVE
BARGAINING PROCESS AND PROVIDING FOR AN ANNUAL FINANCIAL REPORT
AND FEE FROM EMPLOYEE ORGANIZATIONS; PROVIDING FOR COST OF
ELECTIONS; PROVIDING FOR RATIFICATION OF AGREES~NTS; PROVIDING
GRIEVANCE PROCEDURES AND ELIMINATING MANDATORY GRIEVANCE
PROCESSING; PROVIDING PROCEDURES FOR RESOLUTIONS OF IMPASSE
AND ELIMINATING AUTOMATIC IMPASSE PROCEDURES; PROVIDING FACTORS
TO BE CONSIDERED BY SPECIAL MASTER AND CLARIFYING SPECIAL
MASTER PROCEDURES; PROVIDING FOR COMPENSATION AND EXPENSES
OF MEDIATOR AND SPECIAL MASTER; PROVIDING FOR NOTICE AND
AVAILABILITY OF RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES
BY EMPLOYERS AND EMPLOYEE ORGANIZATIONS; PROVIDING PROCEDURES
TO RESOLVE UNLAWFUL ACTIONS AND PRACTICES AND CHANGING APPEAL
PROCEDURES FOR UNFAIR LABOR PRACTICES; ESTABLISHING PENALTIES
AND REMEDIES; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR
AWARDING COST OF LITIGATION AND REASONABLE ATTORNEY FEES IN
UNFAIR LABOR PRACTICE CHARGES; CLARIFYING THE APPLICATION OF
SUNSHINE PROVISIONS; PROVIDING EFFECT ON MERIT AND CIVIL
SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF SAME; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF
EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida in its 1977
Session has amended the Florida Statutes (Chapter 447) relating to
collective bargaining for public employees; and
WHEREAS, the State of Florida Public Employees Relations Commission
did on July 19, 1977, order the City of Delray Beach and other cities
having local option ordinances in effect to amend those ordinances
to conform to certain amended provisions of Chapter 447,
NOW, THEREFORE, the City Council of the City of Delray Beach in
conformance with the order of the State of Florida Public Employees Re-
lations Commission dated July 19, 1977, hereby enacts the following
local option ordinance:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
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 pro-
mote 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 opera-
tions 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 assis% in
resolving disputes between public employees and Public employe~s;
and
(4) Recognizing the constitutional prohibition against strikes
by public employees and providing remedies for violations of
such prohibition.
Sec. 13A-2o Definitions. As used in this Ordinance:
(1) "Commission" means the public employees relations commission
created by Section 13A-3.
(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.
Ord. No° 74-77
(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 em-
ployer authorities.
(c) Those persons who are designated by the commission as mana-
gerial or confidential employees pursuant to criteria con-
tained herein upon application of the public employer, or of
an organization filing a petition for certification pursuant
to Sec. 13A-9
(4) Managerial employees are those employees generally having
authority in the interest of the public employer who:
(aj) Perform jobs that are not of a routine, clerical or
ministerial nature and require the exercise of inde-
pendent judgment in the performance of such jobs, and
one or more of the following:
1. ~ Formulate policy which is applicable throughout the
bargaining unit, or
2. ~ May reasonably be required on behalf of the employer
to assist directly in the preparation for and con-
duct of collective bargaining negotiations or
3. Have a role in the administration of agreements
resulting therefrom, or
4. '~e~ Have a significant* role in personnel administration,
or
5. Have a significant role in employee relations, or
Have a significant role in the preparation and ad-
ministration of budgets for any public agency or
institution or subdivision thereof~-p~e~-%~%
(b) Serve as police ch. iefs, fire chief., or directors of
public safety of any police, fire, or public safety
department. Other police officers{ as defined in f.s.
943.10(1) and firefighters as defined in f.s. 633.30(1)
may be determined by the commission to be managerial em-
plpyees of such departments. In making such determina-
tipns, the commission shall consider,, in..addition to the
criteria established in (a) the paramilitary organizational
structure of the department involved.
Provided{ however,,that in determining whether an individual is a mana-
gerial employee pursuant to either (a) or (b) above, the commission
shall consider the historic relationship of the employee to the public
employer and to coemployees.
- 3 - ORD. NO. 74-77
(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 con-
certed stoppage of work, the concerted submission of resigna-
tions, the whole or in part by any
concerted
abstinence
in
group of employees from the full and faithful performance of
the duties of employment with a public employer, for the pur-
pose 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 partici-
pating 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 includinq but not limited to the establish-
ment of strike funds with reqard to the above-listed activities.
(7) "Strike funds" are any. appropriations by an employee orqaniza-
tion which are established to directly or indirectl~ aid any
employee or employ, ee o.rqanization to participate in a strike
in the State of Florida.
(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.
19)~8~ "Chief executive officer for the public employer" shall
mean the person, whether elected or appointed, who is responsi-
ble to the legislative body of the public employer for the
administration of the governmental affairs of the public em-
ployer.
(10)~9~ "Legislative body" means the city council, unleSs the public
employees relations commission determines that a unit or sub-
division thereof, having authority to appropriate funds and
establish policy governing the terms and conditions of employ-
ment, is the appropriate legislative body for the bargaining
unit.
(1!)~8~ "Employee organization or organization" means any labor
organization, union, association, fraternal order, occupational
or professional society, or group, however organized or con-
stituted, 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 commission as representing the em-
ployees in the bargaining unit as provided in section 13A-9
or its representative.
- 4 - ORD. NO. 74-77
~~e~_s~m~ss~e~_~a~e~mea~s_~e_~e_~y_wh~e~_~e~_~aw
e~-~e~ee~-~-~e-em~eYe~-~e~-e~-~-~e~-ee~-
(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 character
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
apprenticeship or training in the performance of
routine mental or physical processes; or
(b) Any employee who:
1. Has completed the course of specialized intellectual
instruction and study described in subparagraph 4 of
paragraph (a), and
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 condi-
tions of employment, except that neither party shall be com-
pelled to agree to a proposal or be required to make a con-
cession 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
- 5 - ORD. NO. 74-77
s~ae~-~y-s~e~-~n~v~aa~-p~ie-emp~yee. 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 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, but not be limited to
the following occurrences:
(a) Failure to meet at reasonable times and places with repre-
sentatives of the other party for purpose 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, t~ provide public
information, excluding work products as defined in f.s.
447.605.
(e) Refusing to negotiate because of an unwanted person on
the opposing negotiatinq team.
(f) Negotiating directly with employees rather than with their
certified bargaining agent.
(g) Refusing to reduce a total agreement to writing.
Sec. 13A-3. Public employees relations commission created; composition;
qualifications, term, compensation of members; filling of
vacancies; quorum; chairman generally; fiscal needs.
(a) There is hereby created and established the public employees
relations commission, hereinafter referred to as the "commission".
The commission shall be composed of ~ve-~ three (3) members
and one ~1) alternate to be appointed by the Clty 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 or any
employee organization as defined in this chapter while in office.
The city council shall designate one member as chairman. Members
shall serve for a term of four years, except that beginning on
the passage hereof, ~we-~-mem~e~s-sh~-~e-a~pe~e~-~e~-~
ee~m-e~-e~e-~½~-ye~?-a~-~e-membe~-~e~-~w~-~-yea~sz-~-~e
mem~e~-~8~-~ee-~-ye~s-a~-sae-mem~e~-~-{~-~4~-yea~s~
one (1). member shall be appointed for a term of o~e (1) year, one
(.1) member for two. (2) years, one (1) member for three (3) y.ears,
and the alternate member for four (4) years. A vacancy for the un-
expired term of a member shall be filled in the same manner as herein
provided for an original appointment. The presence of three (3) members
- 6 - ORD. NO. 74-77
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, supervision 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 resolutions
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
authoritV to call the alternate commissi'oner to serve durinq 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 unappro-
priated surplus.
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 pre-
scribed 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 in-
quiry, 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 investigation.
A failure to obey such order may be punished by the court as a contempt.
(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 %he 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 shall initiate dispute resolution procedures by special masters pur-
suant to the provisions of this chapter.
Ord. No. 74-77
(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 engagement in prohibited practices, and charges of striking
by public employees.
(q) The commission shall provide by rule a procedure for the filing
and prompt disposition of petitions .for declaratory statements as to the
applicability of any statutory provision or any rule or order of the com-
mission. Such .rule, or rules, shall provide for,. but not be limited to,
an expeditious disposition of petitions posing questions relating to the
scope of negotiations or to possible prohibited practices. Commission
~isposition of .petitions shall be final agency action.
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 discretion over
its organization and operation. It is also the right of the public em-
ployer 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 representatives from
raising grievances, should decisions on the above matters have the
practical consequences of violating the terms and conditions of any
collective bargaining agreement in force, or civil or career service
regulation.
Sec. 13A-6. Public employees' rights; organization and representation.
(a) Public employees shall have the right to form, join and parti-
cipate 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 collectively
through a certified bargaining agent with their public employer in the
determination of the terms and conditions of their employment, exclud-
ing any provisions of the Florida Statutes or appropriate ordinances
relating to retirement ~-~-be-~e~e~e~e~-~-~e-~e~e~m~~-~
~e~ees-~~-%~e~e~e~. Public .employees shall have the right to
be represented in the determination of grievances on all terms and con-
ditions of their emplgyment. Public employees shall have the right to
refrain from exercising the right to be represented.
lc) 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.
(d)~e~ 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
- 8 - ORD. NO. 74-77
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.
Sec. 13A-7. Dues; deduction and collection.
Any employee organization which has been certified as a bargaining
agent shall have the right to ~e~-~e~es~ 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
assessments; provided that such authorization is revocable at the em-
ployee's request w~ upon thirty (30) days' written notice to the em-
ployer and employee organization~ Said deductions shall commence upon
the bargaining agent's written request to the employer. ~e~e~-~a~
Reasonable costs to the employer of such deductions shall be a proper
subject of collective bargaining. Such right to deduction, unless re-
voked pursuant to Sec. 13A- 20 shall be in force for so long as the em-
ployee organization remains the certified bargaining agent for the
employees in the unit ~~-%~e-%e~m-e~-%~e-e~ee~e-~m~~-~ee-
me~. The public employer is expressly prohibited from any involvement
in the collection of fines, penalties or special assessments.
Sec. 13A-8. Registration of employee organization.
(A) Every employee organization prior to requesting recognition by
a public employer, or prior to submitting a petition to the commission
for purposes of requesting a representation election, shall adopt a
constitution.and bylaws and shall register with the commission by filing
a copy thereof, together with an annual report in a form prescribed by
the commission, and an amended report whenever changes are made, which
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, and, if different from the
business agent, the name of its local agent for service of
process and the address 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
- 9 - ORD. NO. 74-77
(8) Evidence that the orqanization has complied with the reqistration
and reporting r.equirements of Chapter 447, Part I of the Flori-
da Statutes., and evidence that its business aqent is licensed
in accordance with the provisions of f.s. 447.04.
Any change in the information required by b~e-~section 13A-8
shall be reported to the commission at the time the re-
porting employee organization files with the commission
the annual financial report required hereunder.
(B) Every employee organization shall file annually with the commis-
sion a financial report signed by its president and treasurer or cor-
responding 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 disbursements
(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 organiza-
tion affiliated with it or with which it is affiliated, or
- 10 - ORD. NO. 74-77
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 re-
payment; and
(5) Direct and indirect loans to any business enterprise, to-
gether 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 the initial report filed with
the commission and an annual financial reportinq fee shall accompany
each annual financial report filed with the commission. Such money shall
~a~-~%~7-w~-%~e-~em~m~e~-%~-~e deposited in the general revenue
fund. The amount charged for registration shall not exceed fifteen
dollars ($15.00)=., and the amount charged for an annual reportinq fee
shall not exceed $15.00.
(D) 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 reasonable times.
(E) A copy of the current constitution and bylaws of the state and
national groups with which the employee organization is affiliated or
associated shall accompany each annual report.
(F) If an employee organization is properly registered with the
state public employee relations commission and the employee organization
furnishes to the Delray Beach Public Employees Relations Commission
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 supplied 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 regis-
tration 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.
(G) An employee organization which is not registered as provided in
this section, is prohibited from requesting recognition by a public em-
ployer or submitting a petition requesting a representation election.
- 11 - ORD. NO. 74-77
This prohibition shall be enforced by injunction upon petition of the
commission to the appropriate circuit court.
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 representa-
tive 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 appropriateness 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 imme-
dately 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 em-
ployee organization as the exclusive representative of all employees in
the unit. If the unit is inappropriate accordinq to the criteria used
in this pa.rt., the con, n. i~sion..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).(~.of this section, the commission
shall, in the absence of inclusion of a prohibited category of emplo.yees
or violation of Sec. 13A-16 certify t~e proposed unit.
(B) If the public employer refuses to recognize the employee or-
ganization, the employee organization may file a petition with the
commission for certification as 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 proposed
unit indicating that such employees desire to be represented for pur-
poses of collective bargaining by the petitioning employee organization.
Once a petition for certification has been filed by an employee organiza-
tion, any registered employee organization may intervene in the pro-
ceedinq by filing a motion to intervene accompanied by dated statements
signed by at least 10 percent of the employees in the proposed uni~
indicating that such .employees desire to be represented for thje purpg.se
of collective bargaining by the moving employee organization. B~e~e~
%~% any employee, employer*or employee organization having sufficient
reason to believe any of the employee signatures were obtained by col-
lusion, coercion, intimidation or misrepresentation or are otherwise
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 in-
vestigate the petition to determine its sufficiency; if
it has reasonable cause to believe that the petition is
sufficient, the commission shall provide for an appropriate
hearing upon due notice. Such a hearing may be conducted
by an agent of the commission~-w~-~-~-m~e-~y-~ee~m-
me~e~-w~-~e~ee~-~e~e~. If the commission finds
the petition to be insufficient, it may dismiss the peti-
tion. If the commission finds upon the record of the hear-
ing that the petition is sufficient, it shall immediately:
- 12 - ORD. NO. 74-77
(a) Define the proposed bargaining unit and determine
which public employees shall be qualified and en-
titled to vote at any election held by the cc m mission;
(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 part.i.es~, except as the commission
may provide by rule.
(2) Where an employee organization is selected by a majority
of the employees voting in an election, the commission
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 employees voting,
a run ff election shall be held according to rules promul-
gated by the commission.
(4) No new election may be conducted in any appropriate bar-
gaining unit to determine the exclusive representative
if a representative election has been conducted within
the preceding twelve-month period.
(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 responsibili-
ties of the public employer and public employees to repre-
sent 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 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 classification
are determined.
(c) Interdependence of jobs and interchange of employees.
- 13 - ORD. NO. 74-77
(d) Desires of the employees.
(e) The history of employee relations within the organization
of the public employer concerning organization and nego-
tiation, and the interest of the employees and the em-
ployer in the continuation of a. traditional, workable
and accepted neqotiation 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 ~e~e~e-~y-~e~%~-~-~-~s-~ee~s~s~
provided that no unit shall be established or approved for
purposes of collective bargaining which includes both pro-
fessional and nonprofessional employees unless a majority of
each group votes for inclusion in such unit.
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 organiza-
tion, and the chief executive officer of the appropriate public employer
or employers jointly shall bargain collectively in the determination 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 representative
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 represent 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 offi-
cer and the bargaining agent. Any agreement signed by the chief execu-
tive 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 provisions 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 appropriate
means, request the legislative body to appropriate such amounts as shall
be sufficient to fund the provisions of the collective bargaining agree-
ment. If less than the requested amount is appropriated, the collective
bargaining agreement shall be administered by the chief executive offi-
cer 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 amenda-
tory power a proposed amendment to such law, ordinance, rule or regula-
tion. Unless and until such amendment is enacted or adopted and becomes
effective, the conflicting provision of the collective bargaining agree-
ment shall not become effective.
- 14 - ORD. NO. 74-77
(d) If the agreement is not ratified by the public employer or is
not approved by a majority 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 or-
ganization 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 relatinq to retirement
~Dd in applicable merit and civil service rules and regulations.
Sec.13A-11. Grievance procedures.
Each public employer and bargaining agent shall negotiate a grievance
procedure to be used for the settlement of disputes between employer and
employee, or group of employees, involving the interpretation or appli-
cation of a collective bargaining agreement. Such grievance 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 agree-
ment. If an employee organization is certified 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 super-
sede the previously existing procedure. All public employees shall have
the right to a fair and equitable grievance procedure, administered with-
out regard to membership or nonmembership in any organization, except
that certified, emp!gYee prqanizations shall not be reqDired to process
grievances for emplgyees 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 procedure.
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 occurred when one
of the parties so declares in writinq to the other party and to the
commission e~-~-~-~eeme~-~-~e~ehe~-w~%~-s~y-~-~s-~e~
s~-~e-~eeme~-%e-~e-eee~e~. Where 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 reso-
lution of the impasse.
(B) If no mediator is appointed, or upon the request of either party.~
%~-~e-b~e%-s~m~s~-~%e-~-~e-~e-em~ye~ the commission
shall:
- 15 - ORD. NO. 74-77
(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 e~-m~s%e~s shall hold hearings in order to
define the area or areas of dispute, to determine facts re-
lating to the dispute and to render a decision on any and
all unresolved contract issues. The hearings shall be held
at times, dates and places to be established by the special
master e~-m~e~s in accordance with rules promulgated by
the commission. The special master 8~-m&s~e~s shall be em-
powered to administer oaths and issue subpoenas on behalf
of the parties to the dispute or on his %~e~ own behalf.
Within 15 %we~%~ calendar days after the close of the final
hearinq ~e~gs, the special master eemm~ss~ shall trans-
mit his %~e recommended decision to the commission which
shall within 5 working d.ays after receipt thereof transmit
the recommended decision
to the representatives of both parties._~-w~e~ Such recom-
mended decision shall be discussed ~%~e~ by the parties
~-~ege%~%~e~s and shall be deemed approved by both parties
unless either party by written notice, filed with the com-
mission within 20 calendar days after the date the commission
mailed the special master's recommended decision to the parties,
~-~m~-~e~e~ rejects the recommended decision w~-~-
%e-%he-p~T%&es. The written notice shall include a statement
of t~.e c.a~se 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 recom-
mended decision ~ee®mmem~%~s of the special master
mas~e~s:
(a) The chief executive officer of the governmental ent.ity
ge~e~me~ involved shall, within 10 days after rejection
of the recommended decision
6~e%-~-~eeemme~e~ of the special master
submit to the legislative body of the governmental entity
g~e~mem~ involved a copy of the findings of fact and
recommended decision ~eeemme~e%&e~ of the special master
e~-mm~%e~s together with the chief executive officer's
~e&T recommendations for settling the dispute. The chief
executive officer shall also transmit his recommendations
to the employee prganization.
(b) The employee organization shall m~ submit
~e-~M its recommendations for settling the dispute
to such legislative body and to the chief executive officer.l
(c) The legislative body or a duly authorized committee there-
of shall forthwith conduct a public hearing at which the
- 16 - ORD. NO. 74-77
parties shall be required to explain their positions
with respect to the recommended decision ~e~e~ of
(d) Thereafter, the legislative body shall take sugh action
as it deems to be in the public interest, including the
interest of the public employees involvedz
Sec. 13A-13. Factors to be considered by the special master.
The special master shall conduct the hearings and render his recom-
mended decision with the objective of achieving a prompt, peaceful and
just settlement of disputes between the public employee organizations and
the public employer. The factors, among others, to be given weight by
the special master in arriving at a recommended decision 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 exhibit-
ing 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 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.
Sec. 13A-14. Compensation of mediator and special master~ stenographic
and other expenses.
The compensation, ~-~ of the mediator and special master
~y-%~e-p~%~es and all stenographic and other expenses w~-be-~e~
shall be borne equally be%wee~ by the parties.
- 17 - ORD NO. 74-77
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 e~ any of the parties to the impasse proceedinqs ~e%-6~g.
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 p~.rty to the impasse proceedings upon
written request.
Sec. 13A-16. Unfair labor practices.
(a) Public employers or their agents or representatives are pro-
hibited 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 or-
ganization by discrimination in regard to hiring, tenure or
other conditions of employment;
(3) Refusing to bargain collectively or failing to bargain col-
lectively 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 bargaining 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 prohibited from:
(1) Interfering with, restraining or coercing public employees in
the exercise of any rights guaranteed them under this chapter,
from interfering with, restraining or coercing managerial em-
ployees 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 discrimi-
nate 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 collec-
tively in good faith with a public employer;
- 18 - ORD. NO. 74-77
(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 in-
stigating 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 learning.
(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 evi-
dence of an unfair employment practice or of any other violation of this
ordinance, if such expression contains no promise of benefits, nor
threat of reprisal or force.
Sec. 13A-17. Charges of unfair labor practices.
~olations of the provisions of section 13A-16 shall be remedied
by the commission in the following manner:
(1) Whenever it is charged by an employer, an employee organization
or an employee*that any person has engaged in or is engaging
in any unfair labor practice, the commission, or any agent
designated by the commission for such purpose, shall conduct
a preliminary investigation to determine if there is substantial
evidence indicating a prima facie violation of the applicable
unfair labor practice provision.
(2) If, upon a preliminary investigation, it is determined that
there is not substantial evidence indicating a prima facie
viOlation of the applicable unfair labor practice provision,
the designated agent of the commission shall dismiss the charge.
(3) A charging party whose charge is thus dismissed, may appeal to
the e~a~ma~-~-e~e-e~e~-membe~-e~-~e commission, and if
the commission %he~ finds f~ substantial evidence of a meri-
torious charge, that charge shall be reinstated and served
pursuant to the procedures of subparagraph (3) (a) of this
section.
(a) If the commission or its agent determines that there is
substantial evidence indicating a prima facie violation,
the commission or such agent shall issue and cause to be
served upon the person, a complaint
and a notice of hearing before the commission or a member
thereof, or before a designated agent, at a place therein
fixed, to be held not less than 14 %e~ ~8~ days after
service of a copy of the complaint e~m~es by the commission
Any charge may be amended by the charging party, at any
time prior to the issuance of a complaint ~-~e~ based
thereon, provided that the charged party is not unfairly
prejudiced thereby. The person upon whom the complaint
- 19 - ORD. NO. 74-77
e~m~ge is served shall may file an answer to the complaint
e~ge. The charging party and the respondent shall have
the right to appear in person or otherwise and give testi-
mony at the place and time fixed in the notice of hearing.
In the discretion of the member or agent conducting the
hearing, or the commission, any other person may be allowed
to intervene in the proceeding and to present testimony.
In any hearing the commission shall not be bound by the
judicial rules of evidence.
(b) Whenever a charging party alleges that a person has en-
gaged in unfair labor practices and that he 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 there-
upon shall have jurisdiction to grant such temporary relief
or restraining order as it deems just and proper.
(4) The testimony taken by ~-~-~-~-the commission or
its member or agent shall be reduced to writing and filed with
the commission. Thereafter the commission, upon notice, may
take further testimony or hear argument.
(a) If, upon consideration of all evidence taken, the commission
finds substantial evidence that an unfair labor practice
has been committed, then it shall~-t~rt~-{~-~i~6~i~s-~f
~-t-~-~h~{{ issue and cause to be served an order re-
quiring respondent party to cease and desist from the un-
fair labor practice, and to take such positive action,
including reinstatement of employees with or without back
pay, as will effectuate the policies of this chapter. The
order may ~e~ require the person to make periodic re-
ports ~em-~me-~e-~me showing the extent to which he has
complied with the order.
(b) If, upon consideration of the evidence taken, the commission
finds that the person or entity named in the charge has not
engaged in and is not engaging in the unfair labor practice,
the commission shall
issue an order dismissing the charge.
(c) The order 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 commission determines
that such an award is .~ppropria~e..
(d.)~e~ No complaint ~e%~ee-e6-~ea~ag shall be issued based
upon any unfair labor practice occurring more than six
(6) months prior to the filing of the charge with the
commission, unless the person aggrieved thereby was pre-
vented from filing the charge by reason of service in the
armed forces, in which event, the six-month period shall
be computed from the day of his discharge.
- 20 - ORD. NO. 74-77
(e)~ No order of the commission shall require the reinstate-
ment of any individual as an employee who has been
suspended or discharged, or the payment to him of any
back pay, if the individual was suspended or discharged
for cause.
Sec. 13A-18. Judicial review.
(1)~ The district courts of appeal are empowered upon the filing
of an appropriate petition, to review final orders of the
commission. A copy of the petition shall be filed with the
commission. The petitioner shall file the record in the
proceedinqt ce.rtified by the commission~ with the court.
F~%~-~e-meee~-~-~-e~e-h~s-bee~-6~e~-~-%~e-~pp~~%e
(2)~e~ The commission, or any party ~0 a co.mmission proceeding,
may petition for enforcement of an %~e order or ~ for
appropriate injunctive relief ~-s~-~e-~e-~eee~-~
%~e-~eeee~s-~e6~e-%~e-eomm~ss~e~ in the appropriate
district court of appeal. Such petition shall be exempt
from the requirements of ~s. 120.69(1)(b) 1.
(3)~b~ Upon the filing of ~ %~e petition, the appropriate district
court of appeal shall
%~e-~esp~e~%-~ thereupon s~ have jurisdiction of the
proceeding and may s~ grant such temporary or permanent
relief or restraining order as it deems just and proper,
and may .en~force, .~odify~. affirm, or set
e~-se~%~g aside in whole or in part the order of the com-
mission.
e~ms%~ees= 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.
eou~-~h~%-~he-a~io~-e~e~ee-~s-m~e~a~-a~-~h~-~he~e
- 21 - ORD. NO. 74-77
e~ee~-~-~e-~ame-s~-~e-s~ee~-~e-~e~ew-~-~eee~ee
w~-~e-~e~-~-~e~e-~ee~e~--A~-m~e~e-~~e~
~-~-~ea~-m&y-e~e-~-~~-~-~em~-p~eee~-
{4)~g~ The court may award to the prevailing party all or part of
the costs of lit±gat±on a~d reasonable attorney's fees and
expert witness feesr whenever the court determines that such
an award is appropriate. ~y-~e~so~-~e~e~-~-~-~
~e-~-~e-e~-~e-~eea~-~-~e-p~s~ee~-~e~e~
{5)+@~ The commencement of proceedings under this section ~ee~
~-~-+~ shall not, unless specifically ordered by the
district court of appeal, operate as a stay of the commis-
sion's order.
{6)+g~ Petitions filed u~der this part shall be heard expeditiousl~
b~ the district court of appeal to ~hich presented and shall
take precedence over all other civil matters except prior
matters of the same character.
Sec. 13A-!Q.~@ Strikes prohibited.
No public employee or employee organization may participate in a
strike against a public employer b~ instigating or supporting, in a~
manner, a strike~ A~ violation of this section shall subject the vio-
lator to the penalties provided for herei~ and under state law.
Sec. 13~-20 ~. Violation of strike prohibition~ penalties.
(A) Circuit courts having jurisdiction of the parties are vested
with the authorit~ to hear and determine all actions alleging violations
of sectio~ 13A-19 of this chapter. Suits to enjoin violations of sec-
tion 13t-19 of this chapter will have priorit~ over all matters on the
court's docket except other emergency matters.
(B) If a public employee, a group of employees, an employee organi-
zation, or an~ officer, agent or representative of an7 employee or-
ganization, engages in a strike in violation of section 13t-19 of this
chapter, either the commission or a~ public employer whose employees
are involved or whose employees ma~ be affected b~ the strike, ma~ file
suit to enjoin the strike i~ the circuit court having proper jurisdic-
tion and proper venue of such actions under the Florida Rules of Civil
Pr'ocedure and the Florida Statutes. The circuit court shall conduct a
hearin9, with notice to the commission ~nd to all interested parties,
'! - 22 - ORD. NO. 74-77
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 pro-
gress 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.
(C) If an injunction issued pursuant to this section to enjoin a
strike is not promptly complied with, on the application of the plaintiff,i
the circuit court shall immediately initiate contempt proceedings against
those who appear to be in violation. An employee organization found to
be in contempt of court for violating an injunction against a strike
shall be fined an amount deemed appropriate by the court. In determin-
ing the appropriate fine, the court shall objectively consider the ex-
tent 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 than fifty dol-
lars ($50.00) nor more than one hundred 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 13A-19 of this chapter by the employee or-
ganization 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
adjudicated 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 con-
sideration 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 accord-
ing to rules promulgated by the commission, determines an employee 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 follow-
ing conditions:
(1) Such person shall be on probation for a period of six (6) months
following his appointment or reappointment, employment or re-
employment, during which period he shall serve without tenure.
During this period, the person may be discharged only upon a
showing of just cause;
- 23 - ORD. NO. 74-77
(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 employee
organization as the bargaining agent of such employee
unit.
(c) Revoke the right 99~ege-e~-e~ee~-e~ of dues deduction
and collection previously granted to the employee or-
ganization pursuant to sec. 13A-7.
(d) Fine the organization up to twenty thousand dollars
($20,000) 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 organi-
zation an amount equal to such cost, notwithstanding
the fact that the fine may exceed twenty thousand
dollars ($20,000)for each such calendar day. The
fines so collected shall immediately accrue to the
public employer and shall 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 consideration 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 pro-
visions 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 reviewable
in the district court of appeal and may be enforced by such
court.
Sec. 13A-21 38. Other unlawful acts.
(a) Employee organizations, their members, agents, representatives
or any person acting on their behalf are hereby prohibited from:
(1) Soliciting public employees during working hours of any em-
ployee who is involved in the solicitation.
(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
~, - 24 - ORD. NO. 74-77
the employee's lunch hour or in such areas not specifically
devoted to the performance of the employee's official 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 assessed against individuals pursuant to the pro-
visions 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 pro-
visions of law, and~notwithstanding the provisions of any collective
bargaining agreement.
Sec° 13A-2_~2 ~. 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
regulations adopted pursuant thereto are in conflict with the provisions
of this chapter in which event such laws, ordinances or rules and regu-
lations shall not apply except as provided in section 13A-6().
Sec. 13A-23 ~. Existing agreements.
Ail public employee agreements now in existence shall remain in
effect until their expiration.
Sec. 13A-24 ~. Government in the sunshine.
(1) Ail 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 f.sc386.011.
(2) The collective bargaining negotiations between a chief execu-
tive officer, or his representative, and a bargaining agent shall be
in compliance with f.s. 286.011.
(3) Ail work products developed by the public employer in prepara-
tion for negotiations, and during negotiations, shall be exempt from
c~apter 119.
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
r'eason, the same shall not affect the remaining provisions of this
chapter.
- 25 - ORD. NO. 74-77
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, additions or deletions of
rules adopted by the commission, shall have full force and effect upon their
approval by the state public employees relations commission.
Sec. 13A-27 ~. Conflicting ordinances repealed.
Ordinance Nos. 68-74, 33-75, and 19-76 are hereby repealed on the date
this ordinance becomes effective. Also, all other ordinances and all parts of
other ordinances in conflict herewith are repealed on the date this ordinance
becomes effective~-e~ee~-O~a~ee-Nev-68-~4~-w~eh-s~-~e-~me~e~-as-~-
Sec. 13A-28 ~. Effective date.
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 Employees Relations Commission.
Sec. 13A-29 ~8. 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 chapter,
then the Delray Beach Public Employees Relations Commission shall accept and
shall consider any certification issued by the state public employees relations
commission as to such employee organization, to be in full force and effect
for not less than one year from date of certification by the state public
employees relations commission.
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 relations commission on the
effective date of this section and will give such cases the highest priority
to expedite their disposition.
PASSED AND ADOPTED in regular session on second and final reading on
this 12th day of December , 1977.
ATTEST:
City Clerk
First Reading November 28,1977
Second Reading December 12, 1977
LEGAL-IN FORM:
~Any words that are underlined indicate additions to the ordinance and any
words crossed out indicate deletions to the ordinance, except when there is
an asterisk (*) which means that the particular language was already included
in the' ordinance; however, the underlining was added in this instance in order
to more easily facilitate the review of the State PERC.
- 26 - ORD. NO. 74-77