09-11-75SpMtg 165
SEPTEMBER 11~ 1975
A Special Meeting of the City Council of the city of Delray
Beach, Florida, was held in the Co6ncii Chambers at 7:00 P.M., Thursday,
September 11, 1975, with Mayor James H. Scheifley presiding, and City
Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council
members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I.
Sanson, IV, present.
The Lord's Prayer was repeated in unison.
The Pledge of Allegiance to the Flag of the United States of
America was given.
The City Attorney reported one minor change has been made in
Ordinance No. 33-75. There has been some question about the effective
date of the ordinance; the Naples case is currently on appeal and the
PERC Commission has taken the position the ordinance is only effective
after they review it. Naples has taken the position it is effective
upon application. The City Attorney stated he has changed the effective
date of the mini-PERC ordinance, Ordinance No. 33-75, to read that it
is effective upon becoming law. If it becomes law after review and
approval by PERC, or if it becomes law when the application is made,
it will be effective either way. This amendment is included in the
ordinance.
The City Manager read the caption of Ordinance No. 33-75.
AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION
2(b) OF THE 1968 FLORIDA CONSTITUTION AND CHAPTER
73-129, LAWS OF FLORIDA, THE MUNICIPAL HOME RULE
POWERS ACT, ~ SECTION 447.022, FLORIDA STATUTES
CHAPTER 74-100, LAWS OF FLORIDA, P~LATING TO
LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE
CONSTITUTION OF THE STATE OF FLORIDA; BY ADOPTING
AN AMENDED PUBLIC EMPLOYEE RELATIONS ORDINANCE;
PROVIDING RIGHT TO MUNICIPAL EMPLOYEES TO ORGANIZE
AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS
OF EMPLOYMENT; PROVIDING METHOD OF BARGAINING
PROCEDURE; CREATING AND PROVIDING ADMINISTRATION
BY THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS
COMMISSION; PROVIDING FOR CITY COUNCIL ~EVIEW OF
COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES
AND EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION;
PROVIDING RULES AND PROCEDURES FOR REGISTRATION,
RECOGNITION, AND CERTIFICATION OF EMPLOYEE ORGANIZA-
TIONS AND BARGAINING AGENTS; PROVIDING PAYMENT OF
'FEES AND EXPENSES IN COLLECTIVE BARGAINING PROCESS;
PROVIDING GRIEVANCE PROCEDURES; PROVIDING PROCEDURES
FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO BE
CONSIDERED BY THE SPECIAL MASTER; PROVIDING FOR
COMPENSATION ~D RECORDS; ESTABLISHING UNFAIR
LABOR PRACTICES BY EMPLOYERS AND EMPLOYEES ORGANIZA-
TIONS; PROVIDING PROCEDURES TO RESOLVE UNLAWFUL
ACTIONS AND PRACTICES; ESTABLISHING PENALTIES AND
REMEDIES; PROVIDING INJUNCTIVE RELIEF; PROVIDING
EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND
STATE AND LOCAL CONTROL OF SAME; ADOPTING THE
PROVISIONS OF ~447.023, CHAPTER 74-100, LAWS OF
FLORIDA, AS A PART }~REOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING
AGREEMENTS; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 33-75 is attached to the official copy
of these minutes.)
A Public Hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach.
166
Mr. Tom Panza, Attorney for the Palm Beach County Police
Benevolent Association, appeared in opposition to the mini-PERC ordi-
nance. He stated the Palm Beach County Police Benevolent Association
feels it represents the opinion of the majority of the policemen in
Delray Beach. The PBA does not understand what the City is attempting
to gain by the passage of the mini-PERC ordinance when the State of
Florida has passed a Public Employees Relations Act and has a Public
Employees Relations Commission. He stated the establis]%ment of a local
mini--PERC would be an extremely expensive proposition. He pointed out
the PERC Commission in Tallahassee is composed of five members; the
proposed ordinance for the mini-PERC commission in Delray Beach would
be composed of three menders. He said the City would have to attempt
to obtain mini-PERC commissioners with qualified backgrounds, i.e.,
labor relations backgrounds, etc. He suggested the figure of $25,000..
to $30,000 for the Chairman of th~ Commission who would have a back-
ground acceptable for the position. He stated further costs would
include an attorney, staff investigators, clerical staff and individuals
with labor backgrounds. Mr. Panza stated there are very specific pro-
visions preventing strikes contained in the PERC ordinance. He ques-
tioned what a local PERC Commission could assess in any labor relations
case that the State PERC Commission could not assess effectively. The
PERC Commission is not to consider economic factors, but is set up to
file unfair labor practices, handle voluntary recognition situations,
administer procedures for elections, etc. He pointed out the City
Council would select the commissioners who, by location, would be
familiar with local situations; the PERC Commission in Tallahassee
would not be familiar with situations or personalities and could act
in an impartial manner. Mr. Panza stated the ordinance called for a
three.year contract and he asked Council if they would be able to deter-
mine what the budget and the need of the City would be in three years.
Mr. Panza discussed several clauses in the mini-PERC ordinance and
compared them to the PERC Commission in Tallahassee.
The City Attorney stated Mr. Panza had given a wrong impres-
sion in that the proposed ordinance does not require a three year con-
tract; it only authorizes a three yegr contract. AS far as hearings
and regulations, there is nothing to prevent the City from adopting APA
model rules under the State Law. He stated everything in this ordinance
has been approved by PERC in Lakeland's hearing with the exception of
the three member commission being appointed directly by Council.
Mr. Thomas Mook, 17 N.E. 7th Street, Delray Beach, spoke in
opposition to the mini-PERC ordinance. He stated the PERC Commission
in Tallahassee would be composed of persons who are objective and
disinterested. The local commission would be composed of people
appointed by the City Manager, approved by Council, and since Council,
through the City Manager, is a bargaining agent, this might be viewed
as weighting the Board that would sit in judgment on unresolved issues
between the City and City employees. He stated it has been argued that
it would be cheaper to have a mini-PERC Commission here rather than
have to fly to Tallahassee to appear.before the State PERC Commission.
He countered this with two points: 1 - of all the thousands of dollars
spent by the City so far, it could have been better spent by setting
the amount aside for transportation to Tallahassee or whatever expenses
might be incurred with the State PERC; and 2 - as a taxpayer, he is
already paying for a State PERC Commission, whether it is used or not.
He does not feel he should pay for a local commission that might not
be used.
There being no further objections'or discussions, the Public
Hearing was closed.
Mr. Sanson moved for approval of Ordinance No. 33-75 with the
amendment as to the effective date, seconded by Mr. Randolph. Mr. Gent
had no comment. Mrs. Krivos stated she felt considerable amounts of
taxpayers' money had already been spent unnecessarily and she felt not
many employees have much faith in the administration and little in
Council. If the hearings were conducted in Tallahassee, she felt there
would be a more impartial hearing than if it were held in Delray Beach.
She stated she wanted the best that can be had for the employees of the
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9-11-75.
167
City and she felt this could best be achieved by utilizing the PERC
Commission in Tallahassee. Mrs. Krivos stated she would be willing
to'talk with any group although she has been told if she mentioned
this to employees in any way that she would be barred from contact with
the PERC Commission or the employeps. Mr. Randolph stated when he was
in Tallahassee and atempted to talk with PERC officials, he received a
cold reception from them. He said he was definitely working for the
employees' best interests. The five members of the PERC Commission in
Tallahassee are serving the entire state whereas the City is to appoint
three persons who have basically agreed to serve as paid or non-paid
officials. He stated the City Council does not wish to spend more money
concerning this matter. Mr. Randolph stated the City Attorney is quite
capable of serving as the labor consultant for the City. He stated he
resented people saying this Council has not done anything for the City
employees since Council has and will continue~to do so. Mr. Sanson
stated he had met with employees and feels the employees do not feel
they have anything to worry about and can express their thoughts freelY.
He stated he is very concerned about the well-being of the City employees;
he said the pay for employees would be equal with other surrounding
cities and every benefit possible would be provided. As a result of
using $500,000 of Federal Revenue Sharing Funds to pay salary increases,
the other citizens of Delray Beach will not receive one capital improve-
ment. The insurance benefits have been increased substantially. Mr.
Sanson stated he hoped the employees would not feel a union is necessary
although he felt there are some justifiable fears 'from incidents that
have occured in the past. Mr. Sanson assured the employees he would
be constantly aware of current situations to see that nothing similar
is repeated. He said the City Manager does not recommend persons to
be on the Commission; the City Council makes this determination. In
Tallahassee, the Commission is chosen by the Governor. His nominations'
are approved by the Senate which is substantially pro-union. He feels
it is mandatory to have a local PERC in order to receive an impartial
hearing. Mr. Sanson stated unions are fighting local options and there
is a possibility the law may be repealed; therefore, it is necessary
to institute the local option now. Mayor Scheifley expressed kis
support for the local option. He stated he felt there was no objectivity
in the PERC Commission in Tallahassee and felt the local Commission
would have more experience in labor relations than those in Tallahassee.
He felt the Commission would be adequately served by counsel and would
not require investigators or a clerical staff. He stated~ strikes do
occur even though employees sign pledges stating they will not strike.
He said he felt the local Commission is best for all of the citizens
of Del~ay Beach. Mayor Scheifley stated he is not opposed to unionism,
but he feels the City Council has been very fair to the employees of
the City. Upon roll call, Council voted as follows: Mr. Gent - No;
Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -
Yes. The motion passed with a 3 to 2 vote.
The meeting was adjourned at 7:45 P.M.
City Clerk
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9-11-75.
ORDINANCE NO. 33-75
An Amendment to Ordinance No. 68-74
AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION
2(b) OF TIlE 1968 FLORIDA CONSTITUTION AND CtIAPTER
73-129, LAWS OF FLORIDA, TIlE 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; BY ADOPTING
AN AMENDED PUBLIC EMPLOYEE RELATIONS ORDINANCE;
PROVIDING ~RIGHT TO MUNICIPAL EMPLOYEES TO ORGANIZE
AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS
OF EMPLOYMENT; PROVIDING ~ETIIOD OF BARGAINING
PROCEDURE; CREATING AND PROVIDING ADMINISTRATION
BY THE DELRAY BEACh PUBLIC EMPLOYEES RELATIONS
COMMISSION; PROVIDING FOR CITY COUNCIL REVIEW OF
COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES
AND EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION;
PROVIDING RULES AND PROCEDURES FOR REGISTRATION,
RECOGNITION, ~D CERTIFIC~TION OF EMPLOYEE ORGANIZA-
TIONS AND BARGAINING AGE~?~S; PROVIDING PAYMENT OF
FEES AND EXPENSES IN COLLECTIVE BARGAINING 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 ORGANIZA-
TIONS; PROVIDING PROCEDURES TO RESOLVE UNLAWFUL
~ ..... ~ ~ ~l~~; ~T~B~~u PENALTIES
REMEDIES; PROVIDNG INJUNCTIVE RELIEF; PROVIDING
EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND
STATE AND LOCAL CONTROL OF SAME; ADOPTING THE
PROVISIONS OF S447.023, CHAPTER 74-100, LAWS OF
FLORIDA, AS A PART HEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING
AGREES~NTS; PROVIDING AN EFFECTIVE DATE.
Be it known that:
WHEREAS a statutory implementation of Section 6,
Artic'i'e 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 or 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 lead to turmoil and
disruption in governmental functions, and the lack of statutory
precautions, such as the failure to exclude managerial
employees from an employee organization, will render a
p~lblic employer extremely vulnerable to an illcgal 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
168A
WIIEREAS the public employer's duty of service inc].udes,
as an economic consideration, maintaining a proper level of
taxation and other financial assessments; and
WIIEREAS the harm caused by an illegal strike hgainst a
public service or facility ]]as a'perwtsive 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 th~ 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 employees and the City of Delray Beach
and the subdivisions and agencies thereof,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY LEACH:
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 th~ State of Florida, and
to promote harmonious and cooperative relationships between
government and its employees, both collectively and individ-
ually, 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:
(1) Granting to public employees the right of organiza-
tion and representation;
(2) Requiring the public employer to negotiate with
bargaining agents duly certified to represent pUblic employees;
(3) Creating a public employees relations commission
to assist in resolving disputes between public employees and
public employers; and
(4) Recognizing the constitutional prohibition against
strikes by public employees and providing remedies for
violations of such prohibition.
1.002 -- Definitions - As used in this Ordinance:
(1) "Commission" means the public employees relations
con~ission created by Section 1.003 of this ordinance.
(2) "Public employer" or "employer" means the C~ty 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.
.
168B
(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
~argaining 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 prepara-
tion 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 deter-
mining 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
as 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 conditions of employment or the
rights,-privileges, or obligations of public employment or
participating in a deliberate and concerted course of
conduct which adversely affects the services of the public
employer, the concerted failure 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 a 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
publi? employer.
(9) "Legislative body" means the governing body of the
public employer unless the public employees relations commission
de~-ermines that a unit or £.H~division thereof having authority
%0 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.
168C
(10) "Employee organization" or "organization" means
any labor organization, union, association, fraternal order,
occupational or professional society, or group, however
organized or constituted, which represents or seeks to
represent any public employee or group of public employees
concerning any matters relating ~o their employment relation-
ship with a public employer.
(11) "Bargaining agent" means th~ emPloyee organization
which has been certified by the connnission as representing
the employees in the bargaining unit as provided in Section
1.009, or its representative.
(12) "Budget submission date." means the date 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 fiscJl year is required to be intro-
duced before such legislative body, for final action.
(13) "Professional employee" means:
(a) Any employee engaged in work 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 ~he 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 insti-
tution 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:
i. 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 wit]] respect to agreements reached concerning the
terms and conditions of employment, except that neither
Party shall bo compelled to agree to 9~ proposal or be required
to n~[ke 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
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168D
from the salary or wages of a public employee upon the
presentation to the pub].ic employer of cards authorizing the
deduction of dues, signed by such individu,nl public employee.
Such term also means the practice of a public employer of
transmitting the sums so deductcd to such employee organization.
(16) "Civil Service" means any career, civil or merit
system used by any public employer.
1.003 -- Public employees relations co~anission. --
(1) There is hereby created and establishe~? the public
ennployees relations commission, hereinafter referred to as
the "commission". 'The commission shall be composed of three
(3) members to be appointed by the City CouncJ. 1 from persons -
representative of the publi.c, 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 ter.m of four (4) years, except
that beginning on the passage hereof, one (1) member shall be
appointed for a term of two (2) years, and one (1) member
for three (3) years, and one (1) member for four (4) years.
A vacancy for the unexpired term of a member shall be filled
in the same manner as herein provided for an original appoint-
ment. The presence of two (2) members shall constitute a
quorum of any called meeting of the commission. The commis-
sion 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 compen-
sated 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
ordinance as provided for in Section 112.061, Florida
Statutes. The chairman shall be responsible for the adminis-
· trative 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 ordinance. Until such time as the connnission 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, amend, or rescind such rules and regulations as
it deems necessary and administratively feasible to carry
out the provisions of this ordinance, in accordance with
Chapter 120, Florida Statutes.
(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
issuud 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 con~nission, may issue an
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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.
(4) Any subpoena, notice ~f 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 concern-
ing 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.
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 operation. It is also the right
of the public employer to direct its employees, take disciplinary
action for proper cause, and relieve its employees from duty
because-of lack of work or for other legitimate reasons,
provided, however, that the exercise of such rights shall
not preclude employees or their representatives from raising
grievances, should decisions on the above matters have the
practical consequences of violatihg 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 employees shall have the right to form,
join, and participate in, or to refrain from forming, joining,
or participating in any employee organization of their own
choosing.
(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
terms and conditions of their employment, and to be represented
in the determination of 9£ievances 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 ]lis
public employer, and having such grievances adjusted without
the intervention of the bargaining agent, if the adjustment
168F
is not inconsistent with the terms of the collective bargain-
ing agreement then in effect and if the bargaining agent has
been given reason~{ble opportunity to be present at any
~neeting 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 from 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 bargain-
ing. 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 -- Registration 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;
(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; and
(g) Detailed statements, or references to specific
provisions of documents filed under this section which
contain such statements, showing the provision made and
procedures followed with respect to each of the following:
(A) qualifications for or restrictions on membership, (B)
levying of assessments, (C) participation in insurance or
other benefit plans, (D) authorization for disbursement of
funds of the employee orgsnization, (E) audit of financial
transactions of the employee organization, (F) the calling
of regular and special meetiDgs, (G) the selection of officers
and stewards and of any repr^sentatives to other bodies
com?osed of employee organizations' representatives, with a
specific statement of the manner in which each officer was
elected, appointed, or otherwise selocted~ (!{)..discipline or
removal of officers or agents for br6aches.6f~their trust,
(I) imposition of fines, suspensions and'expulsions of
-7-
168G
members, including the grounds for such action and any
provision made for notice, hearing, judgment on the evidence,
and appeal procedures, (J) authorization for bargaining
demands, (K) ratification of contract terms. Any change in
the information required by the zubsection shall be reported
to the commission at the time the reporting employee organization
files with the commission the annual financial report required
hereunder.
(2) Every employee organization shall file annually
with the commission a financial report signed ky 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 than $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 business enter-
prise, together with a statement of the purpose, security,
if ahy,.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 registration and investigation of the
filing party, with the remainder to be deposited in the
general revenue fund. The amount charged for registration
shall not exceed fifteen dollars ($15).
(4) Every employee orgJnization 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 organiza-
tion 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 election. This prohibition
shall be enforced by inju~ction upo~ petition of the commis-
sion 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 tile public employer.
168H
The public employer shall, if sa'~isfied as to the majority
status of the employee organization and the appropriateness
of the proposed unit, recognize the employee organization as
the collectJ, ve bargaining representative of employees in the
designated unit. Upon recognition by a public employer, the
employee organization shall immedJ, ately petition the colnmission
for certification. The commission shall review only the
appropriateness of the unit proposed by the employee organiza-
tion. If the unit is appropriate according to the criteria
used in this ordinance, the.commission shall immediately
certify the employee organization as the exclusive representa-
tive 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 lea~t 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 organization. Provided that any employee, employer
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 a~cnt of the co~.i~sicn~ who shall n~t ~ake
any recommendations with respect thereto. If the co~nission
finds upon the record of the hearing that the petition is
sufficient, it shall immediately:
(1) Define the proposed bargaining unit and'determine
which p~blic employees shall be qualified and entitled to
vote at any election held by the commission;
(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, tile 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 conunission~
(d) No new election may be conducted in any appropriate
bargaining unit to determine the exclusive representative if
a representative election has been conducted withi.~ the
preceding twelve month period.
(4) In defining a proposed bargaining unit, .the commis-
sion shall take into consideration:
(a) The principles of efficient administration of
government;
168I
(b) The number of employee organizations with which
~he employer might have to negotiate;
(c) The compatibility of the unit with the joint
responsibilities of the public e~ployer and public employees
to represent the public;
(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 to 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:
!.' 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 public 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.
1.010 -- Collective bargaining; approval or rejection --
(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
scb%duled 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 agree-
ment, the chief executive shall, in his annual budget request
168J
or by other appropriate means, 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 is appropriated, the collective
bargaining agreement shall be administered by the chief
executive officer on the basis of the amounts appropriated
by the legislative body. The failure of the legislative
body to appropriate funds sufficient to fund the collective
bargaining agreement shall not constitute nor be evidence of
any unfair labor practice.
(3) If any provision of a collective bargaining agree-
ment 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 ~nendatory 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 nqt 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 inter-
pretation or application of a collective bargaining agree-
ment. 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 agreement. 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 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 reascnable period of negotiation
conCerning the terms and conditions of employment to be
incorporated in a collective bargaining agreement, a dispute
exists between a public emplo]er and a bargaining agent, or
if no agreement is reached within sixty (60) days after the
commencement of collective bargaining or at ].east 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, tile public employer, or the bargaining
168K
agent or both parties acting jointly may appoint or secure
the appointmenL 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:
(a) 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 dis-
cretion, 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 6r 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 fiftccn (15) calendar days of thc 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 6hief 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 findings 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 board; 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, the interest of the taxpayers, the impact on other
employees, the impact upon organizational efforts by other
unions, the impact on the nature or quality of the public
services provided by the employer.
1.013 -- Factors to be considered by the special master. --
The special master shall conduct the hearings and Lender ]]is
decision with the objective of achieving~a prompt, peaceful
and just settlement of disputes between the public employee
organizations and the public cmployer. The factors, among
others, to be given weight by the special master in arriving
at a decision shall include:
(].) Comparison of the annual income of employment 'of
the public employees in question with the annual, income of
168L
employment maintained for the same or similar work of employees
exhibiting like or similar skills under the same or similar
'workin9 conditions in the local operatin9 area involved.
(2) Comparison of the ann~l income of employmen~ of
the public employees in question with the annual income of
employment of public employees in similar public employee
governmental bodies of comparable size within the State of
Florida.
(3) Interest and welfare of the public.
(4) Comparison of peculiarities of employment in
regard to other trades or professions, specifically:
(a) Hazards of employment;
(b) Physical qualifications;
(c) Educational ~ualifications; .~
(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 b~ the request in writing of
any of the parties to the fact-finding.
1.016 -- Unfair labor practices --
(1) Public employers or their agents or representatives
are prohibited from:
(a) Interfering with, restraining, or coercing public
employees in the exercise of any rights guaranteed them
under this ordinance, or under Section 447.03, Chapter 74-100,
Laws of Florida;
(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
fin~'l agreement agreed upon with the certified bargaiJing
agent for the public employees in the bargaining unit;
(d) Discharging or discrim%nating against a public
employee because he has filed charges or given testimony
under this ordinance;
168M
(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 or 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:
(a) Interfering with, restraining, or coercing public
employees in the exercise of any rights guaranteed them
under this ordinance, or under Section 447.03, Chapter 74-100,
Laws of Florida; 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, charge, petition, or complaint,
or given ~ny ~forma~.~on 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 penalties 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)
and (2), the parties' rights of free speech shall not be
infringed upon and the expression of any argument or opinions
shall not constitute or be evidence of an unfair employment
practice or of any other violation of this 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, an employee
organization or an employee that any person ]]as engaged in
or is engaging in any unfair labor practice, the commission,
or any agent designated by the con~ission for such purpose,
sha]2 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 investigntion, it is determined
that there is not substantial evidence indicating a prima
168N
facie violation of the applicable unfair labor practice
provision, the de~J.gnated agent of the commission shall
dismiss the charge.
(3) A charging party whose'char9e is thus dismissed,
may appeal to the chairman and one other member of the
conm]ission, 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
section.
(a) If the con~ission 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 ~harges 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 intergene
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
con~ission. 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 co~nitted, 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 tile 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 tile charge.
(c) No notice of hearing shall be issued based upon any
unfair labor pract~.ce occurring more than six (6) months
168-O
prior to the filing of the charge wi. th the commission,
unless the person aggrieved thereby was prevented from
filing the charge by reason of service ill the armed forces,
in which event, the six (6) month period shall be computed
from tile day of his discharge. 0.
(d) No order of the commission shall require the
reinstatement 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. .
(5) The district courts of appeal are empowered upon
~he 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 commissioJ 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 petigion, the appropriate
distric-h court of appeal shall cause notice thereof to be
served upon the respondent, and thereupon shall have juris-
diction 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
considered 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 ~hat 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 tile appro[>riate district courh of appeal a petition
praying that tile order of the commission be modified or set
aside. A copy of the petition shall be filed witll the
168P
~ommission. Thereupon, the aggrieved party shall file in
the court the record in the proceeding certified by the
commission. Upon the filing of tile petition, the court
shall proceed in the same manner~as under subsection (5) and
shall grant to the co~nission 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 fact, if supported by substantial
evidence on the record considered as a whole, shall be
conclusive.
(8) The commencement of proceedings under subsection
(5) or (6) shall not, unless 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 and under
state law.
1.019 -- Violation of strike prohibition; penalties --
(1) Circuit courts having jurisdiction of the parties
are vested with the .... ~',~'-- '~ '
=u~ ...... ~, ~.o hear and ~et~rmlnc all
actions alleging violations of Section 1.018 of this ordinanca.
Suits to enjoin violations 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 thc 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 s~ch a strike is about to
co~]~ence, 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
coneempt of court for violatJ, ng 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 [~osition o~ the employee group in
violation. In no event shall tho fine exc~'~ed five thousand
dollars ($5,000). Each officer, agent or r~presentative of
-17-
168Q
an employee organization found to be in contempt of court
for violating an injunction against a strike, shall be fined
not less th~n 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,
Chapter 74-100, Laws of Florida, by the employee organization
or its representatives., officers and agents. 5-he circuit
court having jurisdiction over such actions is empowered to
enforce judgments against 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 knowingly
violating tb~ provision of such section may, subsequent to
such violation be appointed or reappointed, employcd or
reemployed, 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 previously 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
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. twenty t. hou:;and dollar?; ($20,000) for each such calendar
day. The fines .~3o collected .'.;hall im~edJ, atcly accrue to the
public em~-~loyer, a~]d shall be used by .~.~ to r(.~' ~]..~cc' ~ those
services denied t]]~ ]?ublic as a result of the strike. In
determining the ~n,ol~pt of damages, if any, to be awarded to
the public employer, t]~e commission :;hall take J.nto considera- '.
tion any action or inaction by the pub].ic employer or its
agents that provoked or tended to provoke the strike by the
public employees.
(b) An organization de[ermined %o be in violation of
the provisions of Section 1.018 of this ordinance shall not
be cerhified until one (1) year from the date of final
payment of any fine against it.
(7) Orders of the colnmission 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 perfor~'~ed,
such as offices, warehouses, schools, police stations, fire
stations and. any similar public installations. %'his section
shall not be construed to prohibit the distribution of
!~.%era~ure during the employee's lunch hour or in such areas
not specifically devoted to the performance of the employee's
· official duties.
(c) Instigating or advocating support, in any positive
manner, for an employee organization's activities from high .'
school or grade school students during classroom time.
(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 circui% 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 otherwise disciplined by
his public employer, notwithstanding further provisions of
law, and notwihhstanding 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 establishJ, ng a meri[ or cJ. vil 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 unlezs 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 evc.~t such laws, ordinances, or
rules and regulations shall not apply, except as provided in
~1. 006 (3).
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1.022 -- Existing agreements -- Ali. public employee
agreements now in existence shall remain in effect until
their expiration.
1.023 -- Government in the sunshine -- The provisions
of §447.023, Chapter 74-100, Laws. of Florida are adopted as
a part of 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.
1.025 -- Review of Commission Rules -- The city Council
shall retain the right to approve, amend or rescind all
rules promulgated by the commission pursuant to this ordinance.
In the absence of legislative action to the contrary, all
rules shall have full force aid effect upon their approval
by the commission.
1.026 -- Conflicting Ordinances RePealed -- All ordinances
and all parts of ordinances in-conflict herewith are repealed
on the date this ordinance becomes effective, except Ordinance
No. 68-74, which shall be amended as provided in this instant
ordinance and Ordinance No. 68-74 as amended by the instant
ordinance shall become effective on the date this ordinance
becomes effective.
1.027 -- Effective Date -- This Ordinance shall be
effective upon becominq law.
PASSED AND ADOPTED in special session on second and
final reading on this llth day of September ., 1975.
ATTEST:
tcity Clerk
First Reading Aug. ust 2.5, !975
Second Reading...Sep~ember 11, 1975
LEGAL IN FORM:
City Attorney