20-75 ORDINANCE NO. 20-75
An Amendment to Ordinance No. 68-74
AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE PURSUANT T'O THE PROVISIONS OF ARTICLE
VIII, SECTION 2(b) OF THE 1968 FLORIDA CONSTITUTION
AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL
HOME RULE POWERS ACT AND SECTION 447.022, FLORIDA~
STATUTES, CHAPTER 74-100, LAWS OF FLORIDA; RELATING
TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF
THE CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING
TO MUNICIPAL EMPLOYEES THE RIGHT TO ORGANIZE AND
BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF
EMPLOYMENT; PROVIDING METHOD OF BARGAINING PROCEDURE;
CREATING AND PROVIDING ADMINISTRATIOM BY THE DELRAY
BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION;
PROVIDING FOR CITY COUNCIL REVIEW OF COMMISSION
RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND
EMPLOYERS; PROVIDING FOR AND CONDITIONS ON PAYROLL
DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR
REGISTRATION, RECOGNITION AND CERTIFICATION OF EMPLOYEE
ORGANIZATIONS AND BARGAINING AGENTS; PROVIDING
PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARCAINING
PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING
PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING
FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER;
PROVIDING FOR COMPENSATION AND RECORDS; ESTABLISHING
UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE
ORGANIZATIONS~ PROVIDING PROCEDURES TO RESOLVE
UNLAWFUL ACTLONS AND PRACTICES; ESTABLISHING
F~NAL'I'£~ AND RE£~D1ES: PROVIDING INJUNCTIVE
RELIEF; PROVIDING EFFECT ON MERIT AND CIVIL
SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF
SAME; ADOPTING THE PROVISIONS OF ~447.023, FLORIDA
STATUTES, AS A PART HEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING
AGREEMENTS; PROVIDING AN EFFECTIVE DATE.
Be it known that:
WHEREAS an implementation of Section 6, Article I of
the constitution of the State of Florida is necessary to
promote harmonious and cooperative relationships between
government and its employees, and to protect the public by
assuring at all times the orderly and uninterrupted operations
and functions of government; and
WHEREAS the encouragement o~' discouragement, in any
way, of a public employee organization will interfere with a
public employee's right to belong to such an organization or
refrain from so doing; and
WHEREAS public employee strikes and other improper
actions by public employees interfere with the proper rendering
of public s'erv~ce and lead to turmoil and disruption in
governmental functions ~nd services, and the lack of statutory
precautions, .such as the failure to exclude managerial
c.3ployees and supervisory employees from an employee organization
render a public employer extremely vulnerable to an illegal
strike; and
WHEREAS the first duty of a public employer is not
profit but reliable and continuous service to the citizens
which established it; and
WHEREAS the public employer's duty of service includes,
as an economic consideration, maintaining a proper level of
taxation and other financial assessments; and
WHEREAS the harm caused by an illegal strike against a
public service or facility has a pervasive effect on the
lives of every citizen because of its disruption of basic
governmental functions; and
WHEREAS a local commission established by a political
subdivision is best suited to assess the economic and other
factors that influence the alternatives available to a
public employer and its employees; and
WHEREAS Section 447.022 of the Public Employment Relations
Act, a part of Chapter 74-100, Laws of Florida provides for
the adoption of a local ordinance, resolution, or charter
amendment, in lieu of the state Public Employment Relations
Act; and
WHEREAS the provisions of Article VIII, Section 2(b),
of the 1968 Florida Constitution and Chapter 73-129, Laws of
Florida, the Municipal Home Rule Powers Act, authorize the
adoption of local ordinances of this nature;
NOW, THEREFORE, in the interest of the betterment of
relations between the City of Delray Beach and its employees.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH: ·
1.001 Statement of policy. -- It is declared that the
public policy of the City of Delray Beach and the purpose of
this ordinance is to provide implementation of Section 6,
Article I of the Constitution of the State of Florida,
pursuant to the provisions of Article VIII, Section 2(b) of
the 1968 Florida Constitution and Chapter 73-129, Laws of
Florida, the Municipal H~me Rule Powers Act and Section
447.022, Florida Statutes, 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
. operations 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:
(i) ~r~nting to public employees the right of organiza-
tion and representation;
(2) Requiring the City of Delray Beach 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
the City; ~nd
(4) Recognizing the constitutional prohibition against
strikes by public employees' and providing remedies for
'violations of such prohibition.
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1.002 -- Definitions - As used in this ordinance:
(1) "Commission" means the public employees relations
· commission created by Section 1.003 of this ordinance.
(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) persons who are designated as managerial or confidential
employees pursuant to criteria contained herein upon application
of the public employer to the public employees relations
commission.
(4) "Managerial employees" are those employees generally
having authority in the interest of the public employer who
(a) formulate policy which is applicable throughout the
bargaining unit, or (b) may reasonably be required on behalf
of the employer to assist directly in the preparation for
and conduct of collective bargaining negotiations or to have
a major role in the administration of agreements resulting
therefrom, or (c) have a significant role in personnel
administration or in employee relations, and in the preparation
and administration of budgets for any public agency or
institution or subdivision thereof, provided, that said
roles are not of a routine, clerical or ministerial nature
· and require the exercise of independent judgment. In determining
whether an individual .is a managerial employee, the commission
shall consider the historic relationship of the employee to
the public employer and to co-employees.
(5) "Confidential employees" are persons who aCt in a
confidential capacity to assist, or aid managerial employees
aZ defined in 1.002(4) of this ordinance.
(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 performance
of the duties of employment with a public employer, for the
purpose of inducing, influencing, condoning or coercing a
change in the terms and condi%ions of employment or the
rights, privileges, or obligations of public employment or
participating in a deliberate and concerted course of
conduct which adversely affects the services of the public
employer, the concerted failure to report for work after the
expiration of a collective'bargaining agreement and picketing
in furtherance of a work stoppage.
(7) "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 employers that are not departments or divisions of
the City or subdivision or agency thereof.
(8) "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.
(9) "Legislative body" means the governing body of the
public employer 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 and which, as the case
may be, is the appropriate legislative body for the bargaining
unit.
(10) "Employee organization'; or "organization" means
any labor organization, union, association, fraternal order,
occupationaI 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 re~ating to their employment relationship
with a public employer.
(11) "Bargaining agent" means the employee organization
which has been certified by the commission as representing
the employees in the bargaining unit as provided in Section
1.009, or its representative.
(12) :~Budget submission dat~" means the ~ate by which,
under law or practice, a public employer's budget, or a
budget containing proposed expenditures applicable to such
public employer, is submitted to or is considered by the
legislative body or other similar body of government for
final action, or in the absence of any annual budget, the
date upon which an annual appropriation ordinance, resolution,
or law, for the ensuing fiscal year is required to be introduced
before such.legislative body, for final action.
(13) "Professional employee" means:
(a) ~ny ~mployee'engaged in works in any two 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).
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(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 nego-
tiate 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 ordinance.
(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 upon the presentation to the
public employer of cards authorizing the deduction of.dues, signed
by such individual 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.
'1.003 -- Public employees relations commission --
(i) There is hereby created and established a public employees
relations commission, hereinafter refDrred to as the "commission".
The commission shall be composed of three (3) members 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 or any employee organization as defined in this
ordinance. The City Council shall designate one (1) member as
Chairman. Members shall serve for a term of four (4) years, except
that beginning on the passage hereof, one ~1) member shall be
appointed for a term of two (2) years, one (1) member for three ('3)
years, and one (1) member for four (4) years. A vacancy for the
une×p~.r~d ~.~rm ~ m member ~ha!! be f!!!e~ !n the same manner as
herein provided for an original appointment. The presence of two
(2) members shall constitute a quorum of any called meeting of the
commission. The commission in the performance of its duties and
powers under this ordinance shall not be subject to the control,
supervision, or direction by the City Manager or City Council.
(2) 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 resolu-
tions adopted by the City Council from time to time. The chairman
and other members shall also be reimbursed for reasonable expenses
under this ordinance as provided for in Section 112.061, Florida
Statutes. The chairman shall be responsible for the administrative
functions of the commission and shall have the authority to employ
such personnel as may be necessary to carry out the provisions of
this ordinance. 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.
1.004 -- Commission; powers and duties --
(1) After public hearing, the commission shall adopt, promulgate,
.a~end, or rescind such rules and regulations as it deems necessary and
administratively feasible to carry out the provisions of this ordi-
nance, in accordance with Chapter 120, Florida Statutes.
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(2) To accomplish the objectives and to carry out the
duties prescribed by this ordinance, 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.
(3) 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 ~ourt as
a contempt.
(4) Any subpoena~ notice of hearing or other process
or notice of the commission issued under the provisions of
this ordinance 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 pro-
visions of this ordinance shall be served in the county
wherein the persons required to be served reside or may be
found.
(5) The commission shall adopt rules as to the quali-
fications 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 pursuant to
the provisions of this ordinance.
(6) 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
c611ective bargaining and investigate charges of engagement
in prohibited practices, and charges of striking'by public
employees.
1.005 -- Public employer's rights -- 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 operations. 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 representatives from raising
grievances, should decisiohs 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.
1.006 -- Public employees' rights; organization and
representation --
(1) Public employe_s 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.
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(2) Public employees shall have the right to be repre-
sented 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
~erms and conditions of their employment, and to be represented
in the determination of grievances arising thereunder.
Public employees shall have the right to refrain from exercising
the right to be represented.
(3) Nothing in this ordinance 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.
1.007 -- Dues; deduction and collection -- Any employee
organization which has been certified as a bargaining agent
shall, upon request, have its dues and uniform assessments
deducted and collected by the employer frem the salaries of
those employees who authorize the deduction of said dues and
uniform assessments; provided that such authorization is
revocable at the employee's will upon thirty (30) days
written notice to the employer and employee organization;
provided'that reasonable costs to the employer of such
deductions shall be a proper subject of collective bargaining.
Such deduction shall be in force during the term of the
collective bargaining agreement. The public employer is
expressly prohibited from any involvement in the collection
of fines, penalties or special assessments.
1.008 -- Registrat~ion of employee organization --
(1) 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 by-
laws 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:
(a) The name and address of the organization and of
any parent organiZation or organization with which it is
affiliated;
(b) The names and addresses of the principal officers
and all representatives of the organization;
(c) The amount of the initiation fee and of the monthly
dues which members must pay;
(d) The current annual financial statement of the
organization;
(e) The name of its local agent for service of process
and the address where such person can be reached; and
(f) 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.
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(2) Every employee organization shall file annually
with the commission a 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;
(a) assets and liabilities at the beginning and end of
the fiscal year;
(b) receipts of any kind and the sources thereof;
(c) 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 tnan $10,000 in the aggregate from such employee
organization and any other employee organization affiliated
with it or with which it is affiliated, or which is affiliated
with the same national or international employee organization;
(d) direct and indirect loans made to any officer,
employee, or member, which aggregated more than $250 during
the fiscal year, together with a statement of the purpose,
security, if any, and arrangements for repayment; and
(e) direct and indirect loans to any busioness enterprise,
together with a statement of the purpose, security, if any,
and arrangements for repayment;
all in such categories as the commission may prescribe.
(3) A registration fee shall accompany the initial'
report filed with the commission. Such money shall be Used ~ ~ '/'
to defray the cost of ~egistration and investigation of the
filing party, with the remainder to be ~eposited in the
general revenue fund. The'amount charged for registration
shall not exceed fifteen dollars ($15).
(4) 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~
(5) A copy of the current constitution and by-laws of
the state and national groups with which the employee organization
is affiliated or associated shall accompany each annual
'report.
(6) An employee organization which is not registered
as provided in this section, is prohibited from requesting
recognition by a public employer or submitting a petition
requesting a representation electicn. This prohibition
shall, be enforced by injunction upon petition of the commission
to the appropriate circuit court.
1.009 -- Certification of employee organization --
(1) Any employee organization which is designated or
selected by a majority of public employees in an appropriate
unit as their representative 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 employeeo in the
designated unit. Upon recognition by a public employer, the
'employee organization shall immediately petition the commission
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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 ordinance, the commission shall~immediatel~ certify the
employee organization as the exclusive representative of all
employees in the unit.
(2) If the public employer refuses to recognize the
employee organization 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) percent of the employees in the proposed
unit'indicating that such employees desire to be represented
for purposes of collective bargaining by the petitioning
employee grganization. Provided that any emplOyee, employers
or employee organization having sufficient reason to believe
any of the employee signatures were obtained by collusion,
coercion, intimidation or misrepresentation or are otherwise
invalid, shall be given a reasonable opportunity to verify
and challenge the signatures appearing on the petition.
(3) (a) 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
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, who shall not make
any recommendations with respect thereto. If the commission
finds upon the record of the hearing that the petition is
sufficient, it shall immediately:
(1) Define the proposed bargaining unit and determine
which public employee~ shall be qualified and entitled to
(2) Identify the public employer or employers for
'purposes of collective bargaining with the bargaining agent;
(3) Order an election by secret ballot.
(b) 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;
(c) In any election in which none of the choices on
the ballot receives the vote of a majority of the employees
voting, a run-off election shall be held according to rules
promulgated by the commission.
(d) No.new election may be conducted in any appropriate
bargaining unit to determine the exclusive representative if
a representative election has been conducted within the
preceding twelve month period.
(4) In defining a proposed bargaining unit, the commission
shall take into consideration:
(a) The principles of efficient administration of
government;
(b) The'number of employee organizations with which
the employer might have to r2gotiate;
(c) The compatibility of the unit with the joint
responsibilities of the public employer and public employees
to represent the public;
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(d) 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 tQ matters of employment uPon which the employee
.desires to negotiate; ' ~
(e) The organizational structure of the public employer;
(f) Community of interest among the employees to be
included in the unit, considering:
1. The manner in which wages and other terms of
employment are determined;
'2. The method by which jobs and salary classifications
are determined;
3. Interdependence of jobs and interchange of employees;
4. Desires of the employees;
5. The history of employee relations within the
organization of the public employer concerning
organization and negotiation;
(g) 'The statutory authority of the publi~ employer to
administer a classification and pay plan;
(h) Such other factors and policies as the commission
may prescribe by regulations or by its decisions; provided
that no unit shall be established or approved for purposes
of collective bargaining which includes both professional
and non-professional employees unless a majority of each
.group votes for inclusion in such unit.
(1) After an employee organization has been certified
'pursuant to the provisions of this ordinance, the bargaining
agent for the organization, 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 officer and the bargaining
agent. Any agreement signed by 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 provisions of subsections (2) and (3) of this section.
(2) Upon execution of the collective bargaining agreement,
the chief executive shall, in his annual budget request or
by other appropriate mea~, request the legislative body to
appropriate such amounts as shall be sufficent to fund the
provisions of'the collective bargaining agreement. If less
than the requested amount ir 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.
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(3) 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 amendatory power a
proposed amendment to such law, ordinance, rule or regulation.
Unless and until such amendment is enacted or adopted and
becomes effective, the conflicting provision of the collective
bargaining agreement shall not become effective.
(4) 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 organization for further
negotiations.
(5) 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
applicable merit and civil service rules and regulations.
1.011 -- 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 application of a collective bargaining agreement. Such
grievance procedure shall have as its terminal step a final
and binding'disposition by an impartial neutral, mutally
s~lected by the parties; provided, however, that an arbitrator
or other neutral shall not have the power to add to, subtract
from, modify or alter ~he terms of a collective bargaining
agreement. If ~,~ =~L~u~=~ organi~u~'~'- is ~c~u~-~ as ~
bargaining agent of a unit, the grievance procedure then in
existence may be to 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.
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.
1.012 -- Resolution of impasses --
(1) If, after a reasonable period of negotiation
concerning the terms and conditions of employment to be
incorporated in a collective bargaining agreement, a dispute
exists between a public employer and a bargaining agent, or
if no agreement is reached within sixty (60) days after the
commencement of collective bargaining or at least, seventy
(70) days prior to the budget submission date of the public
employer, an impasse shall be deemed to have occurred.
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 resolution of
the impasse.
(2) If no mediator is appointed, or if the impasse is
not resolved within sixty (60) calendar days prior to the
budget submission date of the public employer, the commission
shall:
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(a) Appoint a special maste~ 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.
(b) The special master or masters shall hold hearings
in order to define the area or areas of dispute, to determine
facts relating to the dispute and to render a decision on
any and all unresolved contract issues. The hearings shall
be held at times, dates, and places to be established by the
special master or masters in accordance with rules promulgated
by the commission. The special master or masters shall be
empowered to administer oaths and issue subpoenas on behalf
of the parties to the dispute or on their own behalf.
Within twenty (20) calendar days after final hearings, the·
commission shall transmit the recommended decision of the
special master or masters to the representatives of both
parties, which decision shall be discussed further by the
parties in negotiations and shall be deemed approved by both
parties unless either party, by formal action, rejects the
decision within fifteen (15) calendar days of the transmission
of the decision to the parties.
(c) In the event that either the public employer or
the employee organization does not accept in whole or in
part the recommendations of the special master or masters,
(i) the chief executive officer of the government involved
shall, within ten (10) days after receipt of the findings of
fact and recommendations of the special master or masters,
submit to the legislative body of the government involved
a copy of the finding~ of fact and recommendations of the
special master or masters, .together with their recommendations
for settling the dispute; (ii) the employee organization may
submit to such legislative body its recommendations for
settling the dispute; (iii) the legislative body or a duly
authorized committee thereof shall forthwith conduct a
public hearing at which the parties shall be required to
explain their positions with respect to the report of the
fact-finding boar~; and (iv) 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.
1.013 -- Factors to be considered by the special master --
The special master shall conduct the hearings and render his
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 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
exhibiting 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 Stdte of
Florida.
(3) Interest and welfare of the public.
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(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.
1.014 -- The compensation, if any, of the mediator,
shall be borne by the party or parties requesting or securing
his appointment. The compensation, if any, of the special
master shall be borne equally by the parties. All stenographic
and other expenses will be divided equally between the
parties.
1.015 -- 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 of
any of the parties to the fact-finding.
1.016 -- Unfair l'abor practices --
(1) Public employers or their agents or representatives
· are prohibited from:
(a) Interfering with, restraining, or coercing public
e~ployees in the exercise of any rights guaranteed them
under this ordinance, and'under Section 447.03, Florida
Statutes;
(b) Encouraging or discouraging membership in any
employee organization by discrimination in regard to hiring,
tenure, or other conditions of employment;
(c) 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;
(d) Discharging or discriminating against a public
employee because he has filed charges or given testimony
under this ordinance;
(e) Dominating, interfering with, or assisting in the
formation, existence, or administration of any employee
organization, or contributing financial support to such an
organization;
(f) Refusing to discuss grievances in good faith,
pursuant to the terms of the collective bargaining agreement
with'either the Certified bargaining agent for the public
employee or employees involved.
(2) A public employee organization or anyone acting in
its behalf, its officers, representatives, agents or members
are prohibited from:
-'1.3-
(a) Interfering with, restraining, or coercing public
employees in the exercise of any rights guaranteed them ,
under this ordinance, and under Section 447 03, Florida
Statute; 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.
(b) Causing or attempting.to cause a public employer
to discriminate 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 ordinance;
(c) Refusing to bargain collectively or failing to
bargain collectively in good faith with a public employer;
(d) Discriminating against an employee because he has
signed or filed an affidavit, petition, or complaint, or
given any information or testimony in any proceedings provided
for in this ordinance;
(e) 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 penalities provided in this
ordinance.
(f) 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.
(3) Notwithstanding the provisions of subsections (1)
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 ordinance, if
such expression contains no promise of benefits, nor threat
of reprisal or force.
1.017 -- Charges of unfair labor practices -- Violations
of the provisions of Section 1.016, shall be remedied by the
commission in the following manner:
(1) Whenever it is charged by an employer or an employee
organization 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 chairman and one other member of the
commission, and if they find substantial evidence of a
meritorious charge, that charge shall be reinstated and
served pursuant to the procedures of paragraph (a) of this
seJtiQn.
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'(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 copy of the charges
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 ten (10) days after service
of a copy of the charges by the commission. Any charge may
be amended by the charging party, at any time prior to the
issuance of an order based thereon, provided that the charged
party is not unfairly prejudiced thereby. The person upon
whom the charge is served may file an answer to the charge.
The charging party and the respondent shall have the right
to appear in person or otherwise and give testimony 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 engaged 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 thereupon shall have jurisdiction to grant such temporary
relief or restraining order as it deems just and proper.
(4) The testimony taken by the member, agent, or the
commission 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 state its findings
of fact and'shall issue and cause to be served an order
requiring the respondent party to cease and desist from the
unfair labor practice, and to take such positive action,
including reinstatement of employees with or without back
pay, as will effectuate the policies of this ordinance. The
order may further require the person to make reports from
time to time 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 state its findings of
fact and shall issue an order dismissing the charge.
(c) No notice of hearing 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 prevented from
filing the charge by reason of service in the armed forces,
in which event, the six (6) month period shall be computed
from the day of his discharge.
(d) No order of the Commission shall require the
reinstatement of any individual as an employee who h~s been
. suspended or discharged, or the payment to him of any back
pay, if the individual was suspended or discharged for
cause.
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(5) The district courts of appeal are empowered upon
the filing of an appropriate petition, to review final
orders of the commission. Until the record in a case has
been filed in the appropriate district court of appeal, the
· commission at any time, upon reasonable notice and in such
manner as it deems proper, may modify or set aside, in whole
or in part, any findings or order made or issued by it.
(6) (a) The commission may petition for enforcement
of the order and for appropriate injunctive relief, and
shall file the record of the proceedings before the commission
in the district court of appeal. .
.(b) Upon the filing of the petition, the appropriate
district court of appeal shall cause notice thereof to be
served upon the respondent, and thereupon shall have jurisdiction
of the proceeding and shall grant such temporary or permanent
relief or restraining order as it deems just and proper,
enforcing, modifying, or setting aside in whole or in part
the order of the commission. No objection that has not been
urged before the commission, its members or agent, shall be
considered by the district court of appeal, unless the
failure or neglect to urge the objection is excused because
of extraordinary circumstances. 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) If either party applies to the court for leave to
present additional evidence and shows to the satisfaction of
the court that the additional evidence is material and that
there were reasonable grounds for the failure to present it
in the hearing before the commission, its members or agent,
· the court may order the additional evidence to be taken
before the commission,~ its members or agent, and.to be made
a part of the record. The commission may modify its findings
as to the facts, or make new findings, by reason of additional
evidence so taken and filed, and it shall file the modifying
or new findings, which findings, with respect to questions
of fact if supported by substantial evidence on the record
c6nsidered as a whole shall be conclusive, and shall file
its recommendations, if any, for the modification or setting
aside of its original order.
(d) Upon the filing of the record, the jurisdiction of
the court shall be exclusive and its judgment and decree
shall be final, except that the same shall be subject to
review in accordance with the rules of appellate procedure.
An appropriate district court of appeal may enforce its
rulings by contempt proceedings, if necessary.
(7) Any person aggrieved by a final order of the
commission granting or denying in whole or in part the
relief sought, may obtain a review of such order by filing
in the appropriate distric~ court of appeal a petition
praying that the order of the commission be modified or set
aside. A copy of the petition shall be filed with the
commission. Thereupon, the aggrieved party shall file in
the court the record in the proceeding certified by the
commission. Upon the filing of the petition, the court
shall proceed in the same manner as under subsection (5) and
shall grant to the commission such temporary relief or
restraining order as it deems just and proper, enforcing,
modifying or setting aside, in whole or in part, the order
of the commisSion. The findings of the commission with
respect to questions of fac'L, if supported by substantial
evidence on the record considered as a whole, shall be
conclusive.
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(8) The commencement of proceedings under subsection
(5) or (6) shall not, unle§s specifically ordered by the
district court of appeal, operate as a stay of the commission's
order.
(9) Petitions filed under this ordinance 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.
1.018 -~ 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.
1.019 -- Violation of strike prohibition; penalties --
(1) Circuit courts baying jurisdiction of the parties
are vested with the authority to hear and determine all
actions alleging violations of Section 1.018 of this ordinance.
Suits to enjoin v.i. olations of Section 1.018 of this ordinance
will have priority over all matters on the court's docket
except other emergency matters.
(2). 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 1.018 of this ordinance, the commission or any
public employer whose employees are involved or whose employees
may be affected 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 all interested
parties at the earliest practicable time. If the plaintiff
makes a prima-facie showing that a violation of Section 1.018
of this ordinance 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.
(3) 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 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 determining the appropriate fine, the court shall
objectively consider 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). 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 dollars ($50) nor more than one hundred
dollars ($100) for each calendar day that the violation is
in progress.
(4) 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 447.018,
Florida Statutes, by the emplOyee organization or its representatives,
officers and agents. The circuit court having jurisdiction
over such actions is empowered to enforce judgments against
-17-
employee organizations, as defined in this ordinance, 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 consideration any
damages that might have been recovered by the public employer
under subsection 6(a) 4 of this Section.
(5) If the commission after a hearing on notice conducted
according to rules promulgated by the commission determines
an employee has violated Section 1.018 of this ordinance,
it may order the termination of his employment by the public
employer. Notwithstanding any other provision of law, a
person kno~ingly violating i~he provision, of such section
may, subsequent to such violation be appointed or reappointed,
employed Or reempioyed, as a public employee, but only upon
the following conditions:
(a) Such person shall be on probation for a period of
six (6) months following his appointment or reappointment,
employment 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;
(b) His compensation may in no event exceed that
received by him immediately prior to the time of the violation;
(c) The compensation of the person may not be increased
until after the expiration of one (1) year from such appointment
or reappointment, employment or reemployment.
(6) (a) If the commission determines an employee
organization has violated Section 1.018 of this ordinance,
it may:
1. Issue cease and desist orders as necessary to
insure compliance with its order.
2. Suspend or revoke the certification of the employee
'organization as the bargaining agent of such employee unit.
3. Revoke the privilege of check-off of dues deduction
and collection prevfously granted to the employee organization.
4. 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 calender 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) 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 -3ublic
employees.
-18-
(b) An organization determined to be in violation of
Section 1.018 of this ordinance, shall not be certified '
until one (1) year from the date of final payment of any
fine against it.
(7) Orders of the commission pursuant to this section
are reviewable in the district court of appeal and may be
enforced by such court.
1.020 -- Other unlawful acts --
(1) Employee organizations, their members, agents,
representatives, or any person acting on their behalf are
hereby prohibited from:
(a) Soliciting public employees during working hours
of any employee who is involved in the solicitation,
(b) Distributing literature during working hours in
areas where the actual work of public employees is performed,
such as offices, warehouses, 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 specifically
devoted to the performance of the employee's official duties.
(2). No' employee organization shall directly or indirectly
pay any fines or penalties assessed against individuals
pursuant to the provisions of this ordinance.
(3) 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 b~ ~j~h~g~ ~ ~h ..... ~sc ~'~~ ~-- ' '
............................. ~ .... ~ ~z h~s p~blz~
employer, notwithstanding further provisions of law, and
notwithstandin9 the provisions of any collective bargaining
agreement.
1.021 -- Merit or civil service system; applicability --
The provisions of this ordinance 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 ordinance in which event such laws, ordinances, or
rules and regulations shall not apply, except as provided in
~1.006 (3).
1.022 -- Existing agreements -- All public employee
agreements now in existence shall remain in effect until
their expiration.
1.023 -- Government in the sunshine -- The provisions
of ~447.023, Florida Statutes are adopted'as a part o~ this
ordinance.
1.024 -- Severability -- It is declared to be the
legislative intent that the provisions of this ordinance 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 ordinance.
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1.025 -- Conflicting ordinances repealed --
All ordinances (including Ordinance No. 68-74) and
all parts of ordinances in conflict herewith are repealed
to the extent of such conflict on the date this Ordinance
becomes effective.
1.026 -- Effective date -- This Ordinance shall take
effect upon review and approval of this Ordinance by the
Florida Public Employees Relations Commission pursuant
to Section-447.022, Florida Statutes and upon the apDroval
of such Rules and Regulations as may be adopted pursuant
to this Ordinance.
PASSED ~D ADOPTED in regular session on second and
final reading on this 9th day of June , 1975.
ATTEST:
First Reading: May 12, 1975
Second Readings- June 9, 1975
Legal in form
City' Attorney