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1429 ....__ _~..--_____._ _ ...~_ fto<.__~"'__--'-_______"-_""'____ ---............ ... .......-.....--...-,.- ... I .. j.'.:~~...-, , . ORDINANCE NO. ~' 1429 .. .J. ., - ANORPINANCE PURSUANT TO SECTION 447.022, FLORIDA STATUTES CHAPTER 74-100, LAWS OF FLORIDA, RELATING ~"O LABOR, EIPLBlENTI~G SECTION 6 of ARTICLE 1 OF THE CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING RIGHT TO MUNICIPAL E~IPLOYEES TO ORGA~IZE AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIO~JS OF E1IPLOTI.1ENT; PROVIDING METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINISTRATION BY THE SANFOHD PUBLIC E;.IPLOYEES RELATIONS COMMISSION; PROVIDING FOR CITY CO~.mISSION REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF PUBLIC E11PLOYEES AND, EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, RECOGNITION, AND CERTIFICATION OF E~IPLOYEE ORGANIZATIONS AND BARGAINING AGENTS; PROVIDING PAY~.IE~1T OF FEES A}.TI) EXPENSES IN COLLECTIVE. BARGAINING PROCESS; PROVIDING GRIEVANCE PROCEDUP.ES; PROVIDING PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER; PROVIDING FOR' CO::.IPENSATION AND RECORDS; ESTABLISHING UNFAIR LABOll PRACTICES BY m.1PLOYERS AND EMPLOYEE ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE UNLAWFUL ACTIONS A~l) PRACTICES; ESTABLISHIXG PENALITIES AND REMEDIES, PROVIDING INJUNCTIVE RELIEF; PROVIDING EFFECT ON ~!ERIT AND CIVIL SERVICE SYSTEMS AND STATE MiD LOCAL CONTROL OF SA;,!E; ADOPTING THE PROVISIONS OF S.S. 447.023, CHAPTER 74-100, LAWS OF FLORIDA, AS A PART HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE. r. .....- '. . '- -' BE IT ENACTED BY THE CITY CO~lliISSION OF THE CITY OF SANFORD, FLORIDA: 1.001 Statement of P9Iicy>~-~' It '.is:.declared that public policy of the City of Sanford and the purpose of this ordinance is to provide implementation of Section 6, _J'.:: . , of government. It is the intent of the City Commission that nothing herein shall be construed to either encourage or discourage organization of public employees. policies are best effectuated by: (1) Granting to public employees the right of These organization and representation; . (2) Requiring the public employer to negotiate with bargaining agents duly certified to represent public employees; . . . ~ "" , \:' (3) creating a public employees relations commission to ,j assist i.n 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 commission created by section 1.003 of this ordinance. (2) . "'Public ~mployer" or "employer" means the city of Sanford and any subdivision or agency thereof which the commission determines has sufficient legal distinctiveness to properly carry out the ,~ '.:.... functions of a public employer. ." (3) , '" .public employee" means any person employed by the city of Sanford and any subdivision or agency thereof except, (a) those persons appointed by the governor or 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 by the commission as managerial or confidential employees pursuant to criteria contained herein upon application of the ~ublic employe~ or an organization filing a p~tition for certification pursuant to section 1.009 of this ordinance. (4) "Managerial employees" are those employees who: (al Perform jobs that are not of a routine, clerical, or ministerial nature and require the exercise of iadependent judgment in the performance of such jobs, and one or more of the following: 1. Formulate or assist in formulating policies which are applicable to bargaining unit employees: 2. May reasonably be required on behalf of the employer . to assist in the preparation for the conduct of collective bargaining negotiations: .: ..", ". '..' .......: -.... .'~' 3. Have a role in the administration of agreements resulting from collective bargaining negotiations: . _____._~_ .___'~__"~ _,." ~,~'. '~__._. . '.. ~" _,.." ~, "L'~., ._ '. ,. ",~,~",""''''_ -">,0 "_ _~"""',',,"..~... ~~'+""""" ,oC,',,",,,' "-""'_-"- ,. ..-'." "'"'.........' '..,'_-.-.-.,.~.. ? " "'~~ ..... -,....-. "",." ,-...- .-" ......."'..~,,~ ..' -'........"~-,.'.'..,I..._, ,--... ~ r' 4. Have a significant role in personnel administration: 5. Have a si9nificant role in employee relations: or 6. Have a significant role in the preparation and administration of budgets for any public agency or institution or subdivi~ion thereof. (b) Serve as police chiefs, fire chief, or directors of public safety of any police, fire, or public safety departments. Other police officers, as defined in s. 94~.10 (1) and firefighters, as defined in s. 633.30 -(I), may be determined by the commission to be managerial employee of such departments. In making such . determinations, the commission shall consider, in addition to the criteria established in (a), the paramilitary organizational structure of the department involved. Provided, however, that .~ . '- in determining whether an individual is a managerial employee pursuant to either (a) or (b), above, the commission may consider historic relationships 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 expirat~n of a collective bargaining agreement and picketing in furtherance of a work stoppage. The term "strike" shall also mean an overt . , preparation including but not limited to the establishment of strike funds with regard to the above listed activities. strike funds are any appropriations by an employee organization which are established to directly or indirectly aid any employee or employee organization to participate in a strike in the state of Florida. (7) "Bargaining unit" means" either that unit determined by the commission, or that unit determined by the public employer and the 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 r. . '- . 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 employer. "(9) "Legislative body" means the city Commission, unless the Sanford public employees relations commission determines that a unit or subdivision, city of Sanford, having authority to appropriate funds and establish policy governing 'the terms and conditions of employment, is the appropriate legislative body for the bargaining unit. (10) "Employee organization" or "organization" means any labor organization, union, association, fraternal order, ~ecupational or professional society, or group, however organized or constituted, which represents or seeks to represent any public employee or group of public employees concerning any matters relating to their employment relationship with a pUblic employer. -4- iWA, .~ '...' ~""',..o.i!", .".~>.~ ___,_,_,'",,,.~,,_"""~__A""""""'_"__"_'''_'~_'~~.._''.''W'' ,~.__..'~, ,_...,. _' .'"...,<',">~"..'" _,_..'.,'~...,A" .. (11) "Ba-rgaining agent II means the employee organization wh~ch has been certified by the commission as representing ~he employees in the bargaining unit as provided in section 1.009, or its representative. (12) "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 ~~ opposed to routlne mental, manual, mechanical or physical work: 2. Involving the consistent exercise of discretion and judgement in its performance: f~ '.:.... 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 Qr 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 perform~nce of routine mental or physical processes: or (b) Any employee who: 1. Bas completed the course of specialized intellectual instruction and study described in subparagrap~ 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). (13) "Collective bargaining" means the performance of I the mutual obligations of the public employer and the bargaining .&gerlt of the employee organization to meet at reasonable times, to negotiate in good faith and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall . be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this ordinance. (14) "Membership dues deduction" means the practice of a public employer of deducting dues and uniform assessments from the salary or wages of a public employee. Such term also means the practice of a public employer of transmitting the sums so deducted to such employee organization. . (IS) '. "civil service" means any career, civil or merit system used by any public employer. (16) "Good faith bargaining" shall mean, but not be "', '- limited to, the willingness of both parties to meet at reasonable times and places, as mutually agreed upon, in order to discuss issues which are proper subjects of bargaining, . ,with the intent of reaching a common accord. It shall include an obligation for both parties to actively participate in - the negotiations with an open mind and a sincere desire, as well as making a sincere effort to resolve differences and come to an agreement. In determining whether a party failed to bargain in good faith, the commission shall consider the total conduct of the parties during negotiations as well as the specific incidents of alleged bad faith. Incidents indicative of bad faith shall include, but not be limited to, the following occurrences: .... (a) . Failure to meet at reasonable times and places with representatives of the other party for purpose of negotiations. . r I - (b) Placing unreasonablerestrtcti.ons-~>. on the other party as a prerequisite to meeting. (c) .Failure to discuss bargainable issues. (d) Refusing, upon reasonable written request, to provide public information, excluding work products as defined in s. 1.023. , ,--"--- -----~- --' -- .. _ .__.____--.-......,._.._~.:::::::.=~~-'..~-'''~."."=:-''''''"''--....--.... ...,'_~_. :..:~==.:.:.:_.::.:~_",-, .,,_...,....._.......h '.._,_ ... ::..--:..:::::::..".' -..,~'__.............,........_,'~.,.'""...____"_-;'....._'-'~' . :.:::.:.::.:::..:.:._ _ &tG,>:: . I (e) Refusing to negotiate because of an unwanted person on the opposing negotiating teamo (f) Negotiating directly with employees rather than with their certified bargaining agent. (g) Refusing to reduce a total agreement to writing. 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 , ! five (5) members to be appointed by the City Manager, subject "':, - to confirmation by the city Commission, from persons represent- ative of the public, known for their objective and independent judgment, and who shall not be employed by or hold any commission with any governmental unit in the state or, any employee organization as defined in this ordinance. The city Manager shall designate one (1) member as chairman. Members shall serve for a term of four (4) years, except that beginning on the passage hereof, one (1) member shall be appointed for a term of two (2) years, and two (2) members for three (3) years, and two (2) members for four '{4).years. A vacancy for the unexpired term of a member shall be filled in the same manner as herein provided for an original appointment. The presence of three (3) members shall constitute a quorum of any called meeting of the commission. The commission in the performance of its duties and powers under this ordinance shall not be subject to the control, supervision, or direction by the city Manager or city Commission. (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 gratuitously for the -benefit of the public.. The chairman and other members 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 functions 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, 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, paper, and records, and documents which , may be needed as evidence of any matter under inquiry, and' may administer oaths and affirmations. (3) In cases of neglect or refusal to obey a subpoena issued to any person, the circuit court of the county in which the investigations or the public hearings are taking place, and upon application by the commission, may issue an order requiring such person to appear before the commission and -8- . . 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 tIle 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 maybe 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 commi~sion and shall initiate dispute resol~tion 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 recogn~tion 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. (7) The commission shall provide by rule a procedure for the filing and prompt disposition of petitions for declaratory statements as to the applicability of any statutory provision or any rule or order of the commission. Such rule, or rules, shall provide for, but not be limited to, an expeditious disposition of petitions posing questions -9- 'O:,~",~,...".,.,." "., ,;",' ,~....- ,~".-'~ .'. ,...""" -.... ;,." _",'-' ...>.l,..=....~_,_., ,_....>'O_....~_._,':..-...;._........._"-'IIO....-.;...:.t:""_..:':~':..: relating to the scope of negotiations or to possible prohibited practices. commission disposition of petitions shall be final agency action. 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 violating . the terms and conditions of any collective bargaining ~greement 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 represented by an employee organization of their own choosing, ~o negotiate collectively through a certified bargaining agent with their public employer in the determination of the ~erms and. conditions of their employment, excluding any provision of the Florida statutes or appropriate ordinance . relating to retirement. Public employees shall have the -10- <"',""",~o........_'lr""" '~"'''''C.''''.. -~""-io.-""'~"""""",.".,.:';;,;;";",-....";,,,,~,,,,;;:-~,;,;,~,~:::,::,,~,~~;~,. . . right to be represented in the determinations of grievances on.all terms and conditions of their employment. Public employees shall have the right to refrain from exercising the right to be represented. (3) Public employees shall have the right to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection. ,Public employees shall also have the right to refrain from . engaging in such activities. (4) Nothing in this ordinance shall be construed to prevent any public employee from presenting, at any time, ". '- his own grievances, in person or by legal counsel, to his public employer, and having such grievances adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect and if the bargaining \ agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievances. 1.007 -- Dues; deduction and collection. -- Any employee , organization which has been certified as a bargaining agent shall, have the right to have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of-said dues and uniform assessments; p~ovided that such authorization is revocable at the employee's request upon thirty (30) days written notice to the employer and employee organization. Said deductions shall commence upon the bargaining agent's written request to the employer. Reasonable costs to the employer of such deductions shall be a proper subject of collective bargaining. Such right to deduction unless revoked .. -11- . ' ..,. .. .... - pursuant to section 1.019 shall be in force for so long as the employee organization remains the certified bargaining agent for the employees in the unit. The public employer is expressly prohibited from any involvement in the collection of . fines, penalties or special assessments. 1.008 -- Registration of employee organization. (1) Every employee organization prior to requesting recognition by a public employer, or p~ior to submitting a petition to the commission for purposes of requesting a representation election, shall adopt a constitution and bylaws and shall register with the commission by filing a copy thereof, "'. ;.,- .' - together with an annual report in a form prescribed by the commission, and an amended report whenever changes are made, which shall include: (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 ~e organization: (e) The name of its business agent, .and, if different from the business agent, the name of its local agent for service of process and the address where such person or persons can be reached: (f) A pledge, in a form prescribed by the commission, ~at the employee organization will conform to laws of the city and state and that it will accept members without regard to age, race, sex, religion,' or national origin: and -12- "'"-._..7.............__~~_ ...__... __. 19) Evidence that the organization's business agent is licensed in accordance with the provisions of Florida Statutes, section 447.04 and that the organization shall submit evidence that they have complied with the registration and reporting re- quirements of Chapter 447, Part I, Florida Statutes. (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; all in such categories as the commission may prescribe. (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 enterprise, together with a statement of the purpose, security if any, and arrangements for repayment. (3) A registration fee shall accompany the initial report filed with the commission and an annual financial rep~rting fee shall accompany each annual financial report -13- ~,...;.:.. ~'..,.,;-"---- .~.--~-.... ,,' ''', .' ,,' ,...,d, '.,.....-.'.___, ~..- - --'-' .. -.-<.,-----,.. "--"'-'."""______ '_'. _-._w.._._ I . filed with the commission. Such money shall be deposited in-the general revenue fund. The amount charged for registration shall not exceed fifteen dollars ($15), and . the amount charged for an annual reporting fee shall not exceed fifteen dollars ($15). (4) Every employee organization shall keep accurate accounts of its income and expenses which accounts shall be open for inspection by any member of the organization or by . the commission at all reasonable times. (5) A coPy of the current constitution and, by-laws of the state and national groups with which the employee ~, - organization is affiliated or associated shall accompany each annual report. (6) An employee organization which is not registered as provided in this section, is prohibited from requesting recognition by a public employer or ,submitting a petition requesting a representation election. This prohibition shall be enforced by injunction upon petition of the co~mission to the appropriate circuit court. 1.009 -- Certification of employee organization. (1) (~) Any employee organization which is designated or selected by a majority of public employees in an appropriate unit as their representative for purposes of collective bargaining shall request recognition by the pUblic employer. ~e public employer shall, if satisfied as to the majority status of the employee organization and the appropriateness of the proposed unit, recognize the employee organization as the collective bargaining representative of employees in the designated unit. Upon recognition by a public employer, ~e employee organization shall immediately petition the commission for certification. The commission shall review -14- .only the appropriateness of the unit proposed by the employee organization. If the unit is appropriate according to the criteria used in this ordinance, the commission shall immediately certify the employee organization as the exclusive representative of all employees in the unit. If the unit is inappropriate according to the criteria used in this part, the commission may dismiss the petition. (b) Whenever a public employer recognizes an employee organization on ~e basis of majority status and on the basis of appropriateness in accordance with subsection (4) (f)5. of this section, the commission shall, in the absence of inclusion ~, '- of a.:.prohibited category of employees or violation of section 1.017, certify the proposed unit. (2) If the public employer refuses to recognize the employee organization, the employee organization may file a petition with the commission for certification as the bargaining agent for a proposed bargaining unit. The petition shall be accompanied by dated statements signed by at least thirty (30) percent of the employees in the proposed unit indicating that such employees desire to be represented for purposes of collective bargaining by the petitioning employee organization. Once a petition for certification has been filed by an employee organization, any registered employee organization may intervene in ~he proceeding by filing a motion to intervene accompanied ~ dated statements signed by at least 10 percent of the employees in the proposed unit, indicating that such employees desire to be represented for the purposes of collective bargaining by t~e moving employee organization. provided that any employee, employer or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, --15- ..\ coercion, intimidation or misrepresentation or are otllerwise in~alid, shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition. (3) (a) The cOlnmission 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. If the commission finds the petition to be insufficient, it may dismiss the petition. If the commission finds upon the record of the ". ',-,... hearing that the petition is sufficient, it shall immediately: (1) Define the proposed bargaining unit and determine which public 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, the cost of said election and any required run-off election to be borne equally by the parties, except as the Commission may provide by rule. (b) Where an employee organization is selected by a majority of the employees voting in an election, the commission shall certify the employee organization as the exclusive collective bargaining representative of all employees in the unit (c) In any election in which none of the choices on the ballot receives the vote of a majority of the employees .voting, a run-off election shall be held according to rules promulgated by the commission. .., '. -16- ; (d) No new election nay be conduc"...~ in any appropriate bargaining unit to detennine the exclusive representative if a repre- sentati ve election has been conducted wi thin the preceding twelve mnth period. (4) In defining a propo..sed bargaining unit, the carmi.ssion shall take into consideration: (a) The principles of efficient administration of gove~nt; (b) '!be nunber of anployee organizations with which the enployer might have to negotiate; (c) The canpatibility of the unit with the joint responsibilitie.:: of the public aIployer and public employees to represent the public; (d) The power of the officials of goveI"IlIrent at the level of the unit to agree or make effective recannendations to other adminis- trative authority or legislative body with respect to rmtters of anploy- ~. . '- IOOIlt upon which the anployee desires to negotiate. (e) The organizational structure of the public anployer; (f) Carmunity of interest moong the anployees to be included in the unit, considering: . 1. The manner in which wages and other tenns of anployroont are detennined; 2. The rethod by which jobs and salary classifications are detennined; 3. Interdependence of jobs and interchange of anployees. 4. Desires of the anployees. 5. The history of anployee relations within the organization of the public anployer concerning organization and negotiation and the interest of the anployees and the Employer in the continuation of a traditional, ~rkable and accepted negotiation relationship. (g). The statutory authority of the public employer to administer a classification and pay plan. (h) Such other factors and policies as the cam1i.ssion may deEm appropriate; provided that no tmit shall be established or approved for purposes of collective bargaining which includes both professional and non-professional anployees unless a rmjori ty of each group votes for inclusion in such unit. -17- 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 eetermination 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 emplsyer until such agreement has been ratified at a regularly scheduled meeting of the public employer and by public employees who are members of the bargaining unit, subject to the provisions of subsections (2) and (3) of this section. (2) Upon execution of the collective bargaining agreement, the chief executive shall, in his annual budget request or by other appropriate means, request the legislative body to appropriate such amounts as shall be sufficient 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 pluvision 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 su1:mit to the appropriate governmental body having amendatory power a proposed amendment to such law, ordinance, rule or regulation. Unless and tmtil such amendment is enacted or adopted andbecanes effective, the conflicting provision of the collective bargaining agreanent shall not beccxIie 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 ccmn:ission, the agrearent shall be returned to the chief executive officer and the employee organization for further negotiations. "'. '- (5) Any collective bargaining agreanent shall not provide for a tenn of existence of rrore than three (3) years, and shall contain all of the tenns and conditions of employment of the employees in the bargaining unit during such tenn except those terns and conditions provided for in any Florida Statute or appropriate ordinances relating to retirement and in applicaPle merit and civil service rUles and regulations. 1.011 - Grievance procedures. - Each public enployer and bargaining agent shall negotiate a grievance procedure to be used for the settlement of disputes between employer and employee, or group of eup1oyees, involving the interpretation or application of a collective bargaining agreanent. Such grievance procedure shall have as its tetmin~] step a final and binding disposition by an impartial neutral, mrtually selected by the parties; provided, however, that an arbitrator or other neutral shall not have the power to add to, subtract fran, nrvHi'yor alter the tenns of a collective bargaining agreement. If an employee organization is certified as the bargaining agent of a tmi t , the grievance procedure then in existence may be the subject of collective bargaining and any agreanent which is reached shall supersede the pre- viously existing procedure. . All public enployees shall have the right to a fair and equitable grievance procedure, administered without regard to IDEIIDership or nonmembership in any organization, except that certified erp10yee organizati.ons shall not be required to process grievances for 8lp1oyees who are not nanbers of the organization.' A career service -19- It . erployee shall have the option of utilizing a career service appeal , procedure or a grievance procedure established under this section, but Such employee cannot use both ~. civil service appeal and a grievance procedure. 1. 012 - Resolution of impasses - (1) If, after a reasonable period of negotiation concerning the teImS and conditions of employment to be incorporated in a collective bargainingagrearent, a dispute exists between a public anployer and a bargaining agent, an. impasse shall be deemed to have occured when one of the parties so declares in writing to the other party and to the . eonni ~ion. Where an .irrqJa.sse oc~urs, the public anployer, or the bargaining agent or both parties acting jointly may appoint or secure the appointrrent of a toodiator to assist in the resolution of the impasse. ~. - (2) If no mediator is appointed, or upon the request of either party, the camri.ssion shall appoint a special master and suhnit all unresolved issues to a special master acceptable to both parties. If the parties are unable to agree on the appointrrent of a special master, the conn; ~ion shall appoint, in its discretion, a qualified special maste>r. Provided that nothing in this section shall preclude the parties fran using the services of a rrediator at any tiIoo during the conduct of collective bargaining. (3) '!be special rmster shall hold hearings in order to defin.e ~'.... the area or areas of dispute, to determine facts relating to the dispute and to render a decision on any and all unresolved contract issues. '!be hearings shall be held at times, dates, and places to be established by the special master in accordance with rules pranulgated by the cannission. 'Ibe special ma.ster shall be anpowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on his own behalf. Within fifteen (15) calendar days after the close of the final hearing, the special master shall transni t his recarmended decision to the cxmnission which shall wi thin 5 v-urking days after receipt thereof transni. t the recarrrended decision to the representatives of both parties. Such l'e<XIIIl'ended decision shall be discussed by the parties and shall be deaned approved by both parties unless either party by written notice, filed with the carmission within 20 calendar days:-atter: the date the -20- commission mailed the special master's recon~ended decision to the parties, rejects the recommended decision. The written notice shall include a statement of the cause for . rejection and shall be served upon the other party. (4) In the event that either the public employer or the employee organization does not.accept in whole or in part the recommended decision of the special master or masters, . . (a) The chief executive officer of the governmental unit involved shall, within ten (10) days after rejection of the recommended decision of the special master submit to ~. ~ the legislative body of the governmental entity involved a . copy of the findings of fact and recommended decision of the special master together with the chief executive officer's recommendations for settling the dispute. The chief executive officer shall also transmit his recommendations to the employee organization. (b) The employee organization shall submit its recommendations for settling the dispute to such legislative body and to the chief executive officer. (c) 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 recommended decision of the special master. (d) Thereafter, the legislative body shall take such action as it deems to be in the public interest including the interest of the public employees involved. 1.013 -- Factors to be considered by the special master. The special master shall conduct the hearings and render his -21- recommended decision with the objective of achieving a prompt, peaceful and just settlement of disputes between the public employee organizations and the public employer. The factors, . among others, to be given weight by the special master in arriving at a recommended decision shall include: (1) Comparison of the annual income of employment of the public employees in question with the annual income of employment maintained for the same or similar work of employees 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; -(b) Job security. (5) 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 steno- graphic and other expenses will be divided equally between the parties. 1.015 -- Records All records which are relevant to or have bearing upon any issue or issues raised by the proceedings conducted by the special master shall be made available to the special master by the request in writing to any of the parties to the impasse proceedings. Notice of such request shall be furnished to all parties. Any such records which are made available to the special master shall also be made available to any other party to the impasse '\ proceedings upon .written requesto 1.016 -- Unfair labor practices (1) Public employers or their agents or representative~ -- are prohibited from: (a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this ordinance. .cb) Encouraging or discouraging membership in any employee organization by discrimina~ion in regard to hiring, tenure, or other conditions of employment: (e) Refusing to bargain collectively or failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit: (d) Discharging or discriminating agains~ 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, -23- 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 from interfering with, restraining or . coercing managerial ernployee~ 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: (0) 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 o~ filed an affidavit, charge, petition, or complaint, or given any information or testimony in any proceedings provided for in this ordinance: (e) Participating in a strike against the public employer by instigating ~r 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 learnins -2'4- (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, or threat of rep~isal or ~orce. 1.017 Charges of unfair labor practices -- Violations of the provisions of section 1.016, shall be remedied by the . r' commission in the following. manner: :(1) Whenever it is charged by an employer, an employee, or an employee organization that any person has ,. '- engaged in or is engaging in any unfair labor practice, the commission, or any agent designated by the commission for such purpose, shall conduct a preliminary investigation to determine if there is substantial evidence indicating a prima facie violation of the applicable unfair labor practice provision. (2) If, upon a preliminary investigation, it is determined that there is not substantial evidence indicating a prima facie violation of the applicable unfair labor practice provision, the designated agent of the commission shall dismiss the charge. (3) A charging party whose charge is tlius dismissed, may appeal to the commission, and if the commission finds 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 prima facie violation the commission or such agent shall issue and cause to be served upon the person charged with the violation, a complaint and a notice of hearing before the commission or a me~er thereof, or before a designated agent, at a place therein fixed, to be held not less than fourteen (14) days after service of a copy of the complaint by the commission. . .Any charge may be amended by the charging party, at any time prior to the issuance of a complaint based thereon, provided .that the charged party is not unfairly prejudiced thereby. The person, upon whom the complaint is served shall file an answer to 'the ~mplaint. The charging party and the respondent shall have the right to appear in person or otherwise and give testimony at the place and time fixed in the notice of hearing. In the discretion of the member or agent "'. '- conducting the hearing, or the commission, any other person may be allowed to intervene in the proceeding and to present testimony. In any hearing the commission shall not be bound by/the judicial rules of evidence. (b) Whenever a charging party alleges that a person . , has engaged in unfair labor practices and that he will suffer sUbstantial and irreparable injury if he is not granted temporary relief, the commission may petition the circuit court for appropriate 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 '~hereof 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 issue and cause to be served an order J.",quiring the respondent party to cease and desist from the unfair labor practice, an~ 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 require the person to make periodic reports showing the extent to which he has complied with the order. (b) If, upon consideration of the evidence taken, the commission finds that the person or entity named in the charge has not.engaged in and is not engaging in the unfair labor practice, the commission shall issue an order dismissing the charge. (c) The order may award to the prevailing party all ~~ or part of the costs of litigation and reasonable attorney's fees and expert witness fees, whenever the commission determines that such an award is appropriate. (d) No complaint shall be issued based upon any unfair labor practice occurring more than six (6) months prior to the filing of the charge with the commission, unless the person aggrieved thereby was prevented from filing the 'charge by reason of service in the armed forces, in which event, the six (6) month perio~ shall be computed from the day of his dischargeo (e) 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. 1.0175 -- Judicial Review (1) The district courts of appeal are empowered upon the filing of an appropriate petition, to review final orders of the commissiono A copy of the petition shall be filed -27- with the commission. 'rhe petitioner shall file the record in the proceeding, certified by the commission, with the courto (2) The commission or any party to a commission proceeding, may petition for enforcement of an order or for ~ppropriate injunctive relief, in the appropriate district . court of appeal. Such petition shall be exempt from the . requirements of s. 120.69 (1) (b) 1. . (3) Upon the filing of a petition, the appropriate district Gour~of appeal shall thereupon have jurisdiction of the proceeding and may grant such temporary or permanent relief or restraining order as it deems just and proper, and may enforce, modify, affirm, or set aside in whole or in part- the order of the commission. The findings of the commission, with respect to questions of fact, if supported by sUbstantial evidence on the record considered as a whole, shall be conclusive. . (4) The court may award to the prevailing party all or part of the cost of litigation and reasonable attorney's fees and expert witness fees, whenever the court determines that such an award is appropriate. (5) The commencement of proceedings under this section shall not, unless specifically ordered by the district court of appeal, operate as a stay of the commission's order. (6) Petitions filed under this ordinance shall be beard 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 violate ~:. to the penalties provided for herein. _'H)_ . . 1.019 Violation of strike prohibition: penalties -- (1) circuit courts having jurisdiction of the parties are vested with the authority to hear and determine all actions alleging violations of Section 10018 of this ordinanceo Suits to enjoin violations of section 10018 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 organ~zation, or any officer, agent, or representative of any employee organization, engages in a strike in violation of Section 1.018 of this ordinance, either 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 jurisdic- tion and proper venue of such actions under the Florida Rules of Civil Procedure and the Florida Statutes. The circuit court shall conduct a hearing, with notice to the commission and to all interested parties at the earliest practicable time. If the plaintiff makes a prima facie showing that a violation of Section 1.018 of this ordinance is in progress or that there is a clear, real and present danger that such a strike is about to commence, the circuit court shall issue a temporary injunction enjoining the strike. Upon final hearing, the circuit court shall either make the injunction permanent or dissolve it. (3) If an injunction issued pursuant to this section 'to enjoin a strike is not promptly complied with, on the 'application of the plaintiff, the circuit court shall immediately initiate contempt proceedings against those who appear to be in violation. An employee organization found to be in contempt of court for violating an injunction against a strike shall be fined an amount deemed appropriate by the court. -29- , , . '. In determining the appropriate fine, the court shall objectively consider the extent of lost services and the particular nature and position of tlle employee group in violation. In no event shall the fine exceed five thousand dollars (~5,000). .Each officer, agent or representative of an employee organi- zation found to be in contempt of court for violating an injunction against a strike, shall be fined not less than fifty dollars (~50>, nor more than one hundred dollars (~100) for each calendar day that the violation is in progresso (4) An employee organization shall be liable for any damages which might be suffered by a public employer as a result of a violation by the employee organization or its '~~ representatives, officers and agents. The circuit court having jurisdiction over such actions is empowered to enforce judgments against employee organizations, as defined i.n 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 of its agents that provoked or tended to provoke the strike by the public employees. ~e trier of fact shall also take into consideration any damages that might have been ~ecovered 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 -30- . '. . . ordinance, it may order the tennination of his ~loyrrent by the public employer. Notwi thstanding any other provision of law, a person knowingly violating the provision of such section nay, subsequent to such violation be appointed or reappointed, Employed or re-anp10yed, as a public arp10yee, but only upon the following conditions: (a) Such person shall be on probation for a period of six (6) rronths following his appointment or reappointment, employment or re-anployment, during . which period he shall serve wi. thout tenure. During this period, the person may be discharged ally upon a showing of just cause; (b) His canpensation may in no event exceed that received by him irrrnediate1y prior to the tiIre of the violation; (e) The canpensation of the person may not be increased until after the expiration of one (1) year fran such appointment or reappointment, enployment or re-anp10yment. (6) . (a) If the cornnission detennines an eirp10yee organi- , zation 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 anp10yee unit. 3. Revoke the right of dues deduction and collection previously granted to the anployee organization pursuant to Section 1. 007 . 4. Fine the organization up to twenty thousand dollars ($20,000) for each calendar day of such violation or detennine ~ approximate cost to the public due to each calendar day of the strike and fine the organization an moount equal to such cost, notwithstanding the fact that the fine may exceed twenty thousand dollars ($20,000.) for each such calendar day. -31- "'. '- . . ( The fi.nes so collected shall immediately accrue to the p~lic employer and shall be used by it to replace those services denied the public as a result of the strike. In determining the amount of damages, if any, to be awarded to the public employer, the commission shall take into consideration any action or inaction by the public employer or its agents that provoked or tended to provoke the strike by the public employees. (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 it. .... '...... (7) Orders of the commission pursuant to this section are reviewable in the district court of appeal and may be enforced by such court. 1.020 -- Other unlawful acts -- (1) Employee"organizations, their members, agents, representatives, or any person acting on their behalf are hereby prohibited from: (a) soliciting public employees during working hours of any employee who is involved in the solicitation. (b) Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations and any similar public installations. Thi s section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. (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. -32- (2) No employee organization shall directly or .. . indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this ordinance. (3) The' circuit courts of this state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings, if necessary. A public employee who is convicted of a violation of any provision of this section may 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 r,~ , '....... The provisions of this ordinance shall nd be construed to repeal, amend, or modify the provisions of any law or ordinance establishing a merit or civil service system for public employees or the rules and regulations adopted pursuant thereto: or to prohibit or hinder the establishment of other such personnel systems unless the p=ovisions of such merit or civil service system laws, ordinances or rules and regulations adopted pursuant thereto are in conflict with the provisions of this ordinance in which event such laws, ordinances, or rules and regulations shall not apply, except as provided in S 1.006 (4) . .i~~-- Existing agreements -- All public employee agreements now in existence shall remain in effect until their expiration. The Sanford Public Employees Relation Commission shall honor the State Public Employees Relation Commission's certification of any employee organization until such time as the employee organization either loses a certification election or a de-certification election. '" -33- . ~ . 1.023 -- Government in the sunshine (1) All discussi.ons between the'chief executive officer of the public employer, or his representative, and the legislative body of the public employer relative to collective bargaining shall be exempt from s. 286.0110 (2) The collective bargaining negotiations between a chief executive officer, or his representative, and a bargaining agent shall be in compliance with so 286.011. (3) . All work products developed by the public employer in preparation for negotiations, and during negotiations, shall be exempt from chapter 1190 ~ 1.024 -- Severability -- It is declared to be the legislative -- intent that the provisions of this ordinance are severableo 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 Commission shall retain the right to approve, amend or rescind all rules and all modifications or amendments to said rules promulgated by the commission pursuant to this ordinance. All rules, amendments, and recisions shall have full force and effect only upon their approval by the State Public Employee Relations Commission. 1.026 All employee organizations of the City of Sanford who have cases pending before the State Public Employees Relations commission shall continue their cases before said Co~~ission until completion at which time the cases shall be transferred and accepted to the Sanford Public Employee Relations Commission in their completed status 0 - 34 - ~.. ;,.. 1.027 -- Conflicting Ordinances Repealed -- All ordinances or parts or ordinances in conflict herewith are hereby repealed to the extent of such conflict on the date this ordinance becomes effective. 1.028 -- Effective Date -- This ordinance shall take effect upon approval of the state Public Employees Relations Commission. 1.029 -- No amendment, revision or recision of this ordinance shall become effective without approval of the state Public Employee Relations Commission. PASSED AND ADOPTED this 10th day of April , A.D., 19780 ". . '...... Mayor Attest: /e2 /~ '. ~;~.< : '/ .......- . ~~ '/~ .. / -. .' /"' ,.--c:'city Clerk' '. ~"-".., .,&..,~- . / /1- . ...~ /. /,4----- As the C~ty CO.m~ss1on of the City of Sanfo~dQ Florida - 35 - " . . "" ... ,.... . ' C E R T I F I CAT E 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. 1429, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 10th day of April, 1978, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 11th day of Ap- ri1, 1978.