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so doing; and
WHEREAS public employee strikes lead to turmoil and
disruption in governmental functions, and the lack of statutory pre-
cautions, such as the failure to exclude managerial employees from
an employee organization, will 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 adop-
tion 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;
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NOW, THEREFORE, La the Laterest of the be~erment of
relations between the employees and the City of Sanford; and the sub-
divisions and agencies thereof,
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF SAN FORD, FLORIDA:
1. 001 Statement of Policy -- R is declared that the public
policy of the City of Sanford and the purpose of this ordLaance is to
provide Lmplementation of Section 6, Article I of the Constitution of
the State of Florida, and to promote harmonious and cooperative
relationships between government and its employees, bo~h collectively
and Ladiv[dually, and to protect the public by assuring, at all times,
the orderly and unLaterrupted operat[onsaand functions of government.
I~ is the Latent of the City Commission that nothLag hereLa shall be
construed to either encourage or discourage organization of public
employees. These policies are best effectuated by:
(1) Granting to public employees the right of organization
and representation;
(2) RequirLag the public employer to negotiate with bargainLag
agents duly certified to represent public employees;
(3) Creating a public employees relations commission to
assist in resolvhng disputes between public employees
and public employers; and
(4) Recognizing the constitutional prohibition against strikes
by public employees and providLag remedies for violations
of such prohibition.
1. 002 -- Definitions - As used in this Ordinance:
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(1) "Commission" means the public employees relations
commission created by Section 1. 003 of this ordinance.
(2) "Public employer" or "employee" means the City of
Sanford and any subdivision or agency thereof which the commission
or agency thereof which the determines has sufficient legal d[sthnctlve-
hess to properly carry out the functions of a public employer.
(3) "Public employee" means any person employed by the
City of Sanford and any subdivision or agency thereof except, (a) those
persons elected by the people, agency heads, members of boards, and
commissions, (b) hndiv[duals acting as nego~iating representatives for
employer author[ties, (c) persons who are designated as managerial
or confidential employees pursuant to criteria contained herehn upon
application of the public employer to the public employees relations
cornmission.
(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 ass[st directly in
the presentation 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 no~ 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 tiistoric relationship of the employee to the public
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elmployer and to co-employees.
(5) "Confidential employees" are persons who act in a
confidential capacity to assist, or aid managerial employee 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 subm[ssion of resignat[ons, 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 cond[fiDns of employment or the
rights, privileges, or obligations of public employment or participating
Ln 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 trait determined by the public employer and the
public employee organization and approved by the con~miss~on 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
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governmental affa[rs of the pubHe employer.
(9) "Legislative body" means the governLug body of the
public employer unless the public employees relations commission
determ Lues that a un[t or subdivision thereof hay Lug authority to
appropriate funds and establish pol[cy governLug the terms and
conditions of employment and which, as the case may be, is the
appropriate legislative body for the bargainLug unit.
(10) "Employee organ[zation" or "organizat[on" 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 concernLug any matters relatLug to their employment relation-
ship with a public employer.
(11) "Bargaining agent" means the employee organization
which has been certified by the commission as representing the employees
in the bargaLuing unit as provided Lu Section 1. 009, or its representation.
(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 sirnilar body of
government for fLual action, or in the absence of any annual budget, the
date upon which an annual appropriation ordLuance, resolution, or law,
for the ensuing fiscal year is required to be Lutroduced Before such
legislative body, for final action.
(13) "Professional employee" means:
(a) Any employee engaged in work Lu any two or more of the
follow Lug categories:
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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
2o Is performing related work under supervision of a
professional person to qualify himself to become a professional
employee as defined in paragraph (a).
(14) "Collective bargaining" means the performance of
the mutual obligations of the public employer and the bargaining agent
of the employee organization to meet at reasonable times, to negotiate
in good faith and to execute a written contract with respect to agreements
reached concerning the terms and conditions of employment, except
that neither par~y shall be compelled to agree to a proposal or be
required to make a concession unless otherwise provided in this
ordinance.
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(15) "Membership dues deduction" means the practice of
a public employer of deducthng 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,
(1) There is hereby created and established the public employees
relations commission, hereinafter referred to as the "commission." The
commission shall be composed of three (3) members to be appohuted by
the City Manager, subject to confirmation by the City Commission, from
persons representative of the public, known for their objective and inde-
pendent judgment, and who shall not be employed by or hold any
cec~mission with any governmental unit in the state or any employee
organization as defhned in this ordinance. The City Manager shall
designate one (1) member as chairman. Members shall serve for a term
of four (4) years, except that beginnhlg 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 here in provided for an original appoinknent, The
presence of two (2)members shall constitute a quorum of any called
meeting of the commission. The commission in the performance of
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its duties and powers under this ordinance shall not be subject to
the control, supervision, or direction by the City Manager or City
Cornmi'ssion.
(2) The chairman and the remaining members of the commission
shall devote such time as is necessary to the performance of their duties
hereunder, shall not engage in any business, vocation or employment
which would interfere with their duties hereunder and will serve
fratuitously for the benefit of the public. The chairman and other men~bers
shall 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 fanctions of the commission and upon
authorization by the City Commission 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 Commission, 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, pro-
mulgate, 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, paper, and
records, and documents which may be needed as evidence of any matter
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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 court 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 provisions 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 qualifications
of persons who may serve as mediators and special masters, shall
maintain lists of such qualified persons who are not employees of the
commission and shall initiate dispute resolution procedures by special
masters 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 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 rKght of the
public employer to determine un[laterally 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 leg[thnate
reasons, provided, however, that the exercise of such rights shall
not preclude employees or their representatives fr~n raising grievances,
should decisions on the above matters have the practical consequences
of violating the terms and conditions of any collective bargaining
agreement in force, or c~vil or career servKce regulation.
1. 006 -- Public employees' rights; organization and
repre sentatKon.
(1) Public employees shall have the right to form, join,
and participate in, or to refrain from forming, joining, or participating
in any employee organKzation of their own choosing.
(2) Public employees shall have the right to be represented
by any employee organization of their own choosing, to negotiate
collectively through a certified bargaining agent with their public employer
in the determination of the terms and conditions of their employment,
and to be represented in the determination of grievances arising there-
under. 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 thine, his own grKevances,
in person or by legal counsel, to his public employer, and having such
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grievances adjusted w~thout the ~ntervent~on of the bargaining agent,
~f the adjustment ~s not inconsistent w~th the terms of the collective
bargaining agreement then in effect and ~f the bargaining agent has
been g~ven 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 Kts dues and uniform assessments deducted and
collected by the employer from the salaries of those employees who
authorize the deduct[on of sa~d dues and uniform assessments; pro-
v~ded that such authorization ~s revocable at the employee's w~ll upon
thirty (30) days written not[ce 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 hn force during the term of the collective bargaining agreement.
The public employer ~s expressly proh[bKted from any ~nvolvement
~n the collection of f~nes, penalties or special assessments.
1. 008 -- RegKstrat~on of employee organization.
(1) Every employee organization prior to requesting
recogn~tKon by a public employer, or prior to submitting a petition
to the commission for purposes of requesting a representation elect~on,
shall adopt a constitution and bylaws and shall regKster with the
commission by filing a copy thereof, together wKth an annual report
in~la form prescribed by the c~m~ss~on, 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 organKzat~on w~th which ~t ~s aff~lKated;
(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 spec[f[c 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
organization, (E) audit of financial transactions of the employee organization,
(F) the calling of regular and special meetings, (G) the selection of
officers and stewards and of any representatives to other bodies composed
of employee organizations' representatives, with a specific statement
of the manner in which each officer was elected, appointed, or other-
wise s~lected, (H) discipline or removal of officers or agents for breache~
of their trust, (I) hnposit[on of fines, suspensions and expulsions of
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
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terms. Any change in the information required by the subsection 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 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 dis-
bursements (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 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 flied
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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 organization shall keep accurate accounts
of its Lncome and expenses which accounts shall be open for inspection
by any member of the organization or by the commission at all reason-
able 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 representat[on
election. 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 repre-
sentative 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 un[t, recognize the employee organization as the
collective bargaining representative of employees in the designated
unit. Upon recognition by a public employer, the employee organization
shall Lrnmediately petition the commission for certification. The
commission shall review only the appropriateness of the unit proposed
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by the employee organization. If the unit is appropriate according to
the criteria used in this ordinance, the commission shall immediately
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
c~nmission 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 organization. Pro-
vided 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 other-
wise 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 im-
mediately:
(i) Define the proposed bargaining unit and determine which
public employees shall be qualified and entitled to vote at any election
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held by the commission;
(2) Identify the public employer or employers for purposes
of collective bargaining with the bargaining agent;
(3) Order an electron by secret ballot.
(b) Where an employee organization
of the employees vo~ing in an electron, the commission shall certify
the employee organization as the exclusive collective bargaining repre-
sentative of all employees in the
(c) In any electron in which none of the choices on the ballot
receives the vo~e of a majority of the employees voting, a run-off electron
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 repre-
sentative election has been conducted within the preceding twelve month
per
(4) In defining a proposed bargaining unit, the commission
shall take into consideration:
(a) The principles of efficient admMistrafion of government;
(b) The rimtuber of employee organizations
employer might have to negoftate;
(c) The compatibility of the unit with the joint responsibilities
of the public employer 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 o~her admin-
istrative authority or legislative body with respect to makers 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 unft, 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 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 --
(i) 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
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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 bargain-
ing 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 h~s annual budget request or by other appropriate
means, request the legislative body to appropriate such amounts as shall
be sufficient to fund the provisions of the collect[ve bargaining agreement.
If less than the requested mount is appropriated, the collective bargain-
ing 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) tf 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
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becomes effective, the conflicting provision of the collective barga~nkng
agreement shall not become effective.
(4) If the agreement ~s not ratified by the publin employer or
~s not approved by a majority vote of employees voting ~n the unit, ~n
accordance w~th procedures adopted by the commission, the agreement
shall be returned to the chief executive officer and the employee organ-
~zat~on 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 Lu applicable rner~t and c~v~l setvine 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 d~sputes between employer and employee, or group of
employees, involving the ~nterp retat~on or application of a collective
bargaining agreement. Such grievance procedure shall have as
terminal step a f~nal and b~nding d~spos~t[on 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 bargaLn~ng agreement. If an
employee organization ~s 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 ~s reached shall super-
sede the previously existing procedure. All public employees shall
have the r~ght to a fair and equitable grievance procedure, administered
w~thout regard to membership or nonmembership in any organization.
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A career 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 knpasses --
(1) If, afler 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:
(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 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 decis[on on any and all unresolved contract
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issues. The hearLugs shall be held at tknes, 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 admLnister oaths and issue subpoenas on behalf of
the parties to the dispute or on their own behalf. Within twenty (20)
calendar days after final hearLugs, the commiss4on shall transmit the
recommended dec4s[on of the special master or masters to the repre-
sentat4ves of both parties, which decision shall be discussed further by
the parties in negotiations and shall be deemed approved by both parties
unless e4ther 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 recommen-
dations of the special master or masters, (4) the ch4ef executive officer
of the govermment involved shall, w4thin ten (10) days after receipt of
the fLudings of fact and recornmendations of the special master or masters,
subm4t to the leg4slative body of the government involved a copy of the
findings of fact and recornmendat4ons of the special master or masters,
together w4th their recommendations for settlLug the dispute; ([i) the
employee organization may subm4t to such legislative body its recommen-
dations for settlKn~ the dispute; (Hi) the legislative body or a duly authorized
committee thereof shall forthwith conduct a public hearing at which the
part4es shall be requLred to explaLn the4r positions w4th respect to the
report of the fact-fLndLn~ board; and (iv) thereafter, the legislative body
shall take such action as it deems to be in the public interest, Lnclud[ng
the Luterest of the public employees involved, the Luterest of the tax-
payers, the knpact on other employees, the finpact 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 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 ~ith the annual income of employment
maintained for the same or sknilar 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 State of Florida.
(3) Interest and welfare of the public.
(4) Comparison of peculiarities of employment in regard to
other trades or professions, specifically:
(a) Hazards of employment;
(b) Physical qualifications;
(c) Educational qualifications;
(d) Intellectual qualifications;
(e) Job training and skills;
(f) Retirement plans;
(g) Sick leave;
(h) Job security; and
([) 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 proceedLugs conducted by
the spec[al master shall be made available to the special master by the
request in writing of any of the parties to the fact-finding.
1. 018 -- Unfair labor practices ~-
(1) Public employers or their agents or representatives are
prohibited from:
(a) YIlterfering with, restraining, or coercing public employees
~n the exercise of any rights guaranteed them under this ordinance, or
under Section 447.0S, Chapter ?4-100, Laws of Florida;
(b) Encouraging or discouraging membership in any employee
organization by discrknhuation 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 agreen~ent agreed
upon with the certified bargaining agent for the public employees in the
bargaining unit;
(d) Discharging or discrkninating 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 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) rnterfering with, restraining, or coerchng public employees
in the exercise of any rights quaranteed them under this ordinance, or
under Section 447.03, Chapter 74-100, Laws of Florida; or from interfering
with, restraining or coerchng 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
discrLminate 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) D~scrh~nKnating against an employee because he has s~gned
or filed an affidavit, charge, petition, or complaint, or given any
information or testimony in any proceedings provided for in this
ordinance;
(e) Participating ~n a str~ke against the public employer by
instigating or supporting, Kn any positive manner, a strike. Any violation
of this section shall subject the violator to the penalties provided in
this ordinance.
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(f) Instigating or advocating support, in any positive manner,
for an employee organ[zation's activities from high school or grade
school students, or institutions of higher learning.
(S) Notwithstanding the provisions of subsections (1) and (2),
the parties' rights of free speech shall not be infrKnged 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 th~s ordinance,
if such expression contains no promise of benefits, nor threat or 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
follow ing manner:
(1) Vv~henever ~t is charged by an employer, an employee
organization or an employee that any person has engaged in or is engaging
in any unfair labor practice, the commission, or any agent designated
by the commission for such purpose, shall conduct a preliminary
investigation to determine if there is substantial evidence indicating a
prkrna fac~e violation of the applicable unfair labor practice provision.
(2) If, upon a prelhninary investigation, it is determined
that there is not substantial evidence ~nd[cat~ng a prkna 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 ~s thus dismissed, may
appeal to the chairman and one other member of the c~rnmiss[on, 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 commission or its agent determines that there is
substantial evidence indicating a prkna 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) ~Vhenever 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 injuctive 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 Kts findings of fact and shall issue and cause to be served
an order requiring the respondcut 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 polleKes of
this ordinance. The order may further require the person to make reports
from tkne to t[rne 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
Ks not engaging in the unfair labor practine, 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 practine 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 has been suspended or discharged,
or the payment to hkn of any back pay, if the individual was suspended
or discharged for cause.
(5) The distrint courts of appeal are empowered upon the
filing of an appropriate petit[on, to review final orders of the commission.
Until the record in a case has been filed in the appropriate d~str[ct court
of appeal, the commission at any tkne, upon reasonable notice and in
such manner as ~t deems proper, may modify or set aside, in whole or
in part, any findings or order made or issued by
(6) (a) The commission may petition for enforcement of the
order and for appropriate injunct[ve relief, and shall file the record of
the proceedings before the commission in the district court of appeal.
(b) Upon the f~Hng 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 mater~al 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 f~led, and it shall file the modifying or new findings, which
findings, with respect to questions of fact ~f 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
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 district 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. There-
upon, 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 petitioner 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 d[strint court of
appeal, operate as a stay of the commiss[on's order.
(9) Petitions filed under this ordinance shall be heard expe-
ditiously by the d~strict court of appeal to which presented, and shall
take precedence over all other civil matters except prior matters of the
same character.
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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 str~ke. Any violation of th~s
section shall subject the v~olator to the penaRies provided for here in
and under state law.
1. 019 -- V~olat[on of strike prohibition; penaRies --
(1) Circuit courts having jurisdiction of the par~es are vested
with the authority to hear and determine all actions alleging v~olat[ons
of Section 1. 018 of th~s ordinance. Su~ts to enjoin violations of Sect[on
1. 018 of th~s ordinance wkll have priority over all matters on the court's
docket except o~her emergency makers.
(2) If a public employee, a group or employees, an employee
organization, or any officer, agent, or representative of any employee
organization, engages in a str~ke in violation of Section 1. 018 of th~s
ordinance, the commission or any public employer whose employees are
~nvolved or whose employees may be affected by the str~ke, may file
suit to enjoin the str~ke in the c~rcu~t court having proper jur[sdint[on
and proper venue of such actions under the Florida Rules of C[v[1
Procedure and the Florida Statutes. The circuit court shall conduct
a hearing, with notice to all ~nterested parties at the earliest practicable
time. If the plaintiff makes a prima fac[e showing that a violation of
Section 1. 018 of th~s ordinance is in progress or that there is a clear,
real and present danger that such a strike ~s about to commence, the
circuit court shall issue a temporary injunction enjoin[ng the strike.
Upon final hearing, the c~rcu[t court shall either make the injunction
permanent or dissolve ~t.
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(3) If an [ljunction issued pursuant to this section to enjoin
a strike is not promptly complied with, on the application of the plahntiff,
the circuit court shall immediately [lit[ate contempt proceedings against
those who appear to be [l violation. An employee organization found to
be in contempt of court for violat[lg an [ljunction against a strike shall
be fined an mount 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 organ-
ization found to be in contempt of court for violating an injunction aga[nst
a str[ke, 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, Chapter 74-100, Laws of Florida,
by the employee organization or its representatives, officers and agents.
The circuit court having jur[sdiction over such actions is empowered to
enforce judgments aga[lst employee organizations, as defined [l this
ordinance, by attachment or garnishment of union [litiation fees or
dues which are to be deducted or checked off by public employers.
action shall be maintained pursuant to this subsection until all pro-
ceedings 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
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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 of 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 the provision of such
section may, subsequent to such violation be appointed or reappointed,
employed or reemployed, as a public employee, but only upon the
foil owing c ond it ion s:
(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 reappointrnent,
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
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compliance with its order.
2. Suspend or revoke the certification of the employee organ-
t~atton 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. Fhqe the organization up to twenty thousand dollars ($20, 000)
for each calendar day of such violation or determine the approxh~nate cost
to the public due to each calendar day of the str~ke 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 hnmedtately 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, tf any,
to be awarded to the public employer, the commission shall take into
consideration any action or inaction by the publin employer or its agents
that provoked or tended to provoke the strike by the public employees.
(b) An organization determined to be in violation of the
provisions 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 ~t.
(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, repre-
sentatives, or any person acting on their behalf are hereby prohibited
from:
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(a) Soliciting public employees durLng 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, ware-
houses, schools, police stations, fire stations and any similar public
installations. This section shall not be construed to prohibit the distri-
bution of literature 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 penaRies 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 be discharged or
otherwise disciplined by his public employer, notwithstanding further
provisions of law, and notwithstanding 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, mend, 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
-35 -
or hinder the establishment of other such personnel systems unless the
provisions of such merit or civil service system laws, ordinances or
rules and re~ulat[ons adopted pursuant thereto are in conflict with the
provisions of this ordhnance [n which event such laws, ordinances, or
rules and regulations shall not apply, except as provided hn S1. 006(3).
1. 022 -- Existing agreements -- All public employee agree-
ments now in existence shall remain in effect until their expiration.
i. 023 -- Government in the sunshine -- The provisions of
S447. 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. IfI any sect[on,
subsect[on, sentence, clause or provision is found to be unconstitutional
or invalid for any reason, the same shall not affect the remaining pro-
visions of this ordinance.
1. 025 -- Review of Commission Rules -- The City Commission
shall retain the right to approve, amend or rescind all rules promulgated
by the commission pursuant to this ordinance. In the absence of
legislative act[on to the contrary, all rules shall have full force and
effect upon their approval by the Commission.
1. 026 -- Conflicting Ordinances Repealed -- All ordinances
or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict on the date this ordinance becomes effective.
1. 027 -- Effective Date -- This ordinance shall take effect
upon application of the City of Sanford to the Public Employees Relations
Commission for review and approval as to whether the provisions or
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procedures, or both, of this ordinance are substantially equivalent to
the provisions and procedures set forth Ln Section 3 of Chapter 74-100,
Laws of Florida.
PASSED AND ADOPTED this 28th day of June ,
A.D., 1976. ~t/~//~
Mayor
es:
· . er ~ , , ~
, ]' As the City Commls~~
City of Sanford, Florida
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford, Florida, do
hereby certify that a true and correct copy of the foregoing Ordinance
No. 1343, PASSED and ADOFrED by the City Commission of the City of San-
ford, Florida, on the 28th day of June, 1976, was POSTED at the front
door of the City Hall in the City of Sanford, Florida, on the 29th day
of June, 1976.
'City of Sanford, Florida
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