Impasse Dos and Don’ts
FEN 35th Annual Conference
May 20, 2015Prepared by Leonard J. Dietzen, III, Esquire © 2015 Rumberger, Kirk & Caldwell, P.A.
Impasse Process
Public Employees –
Resolution of Impasses
Sec. 447.403, F.S. (2014)
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Union or Board declares impasse
Sec. 447.403(1), F.S.
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Union or Board declares impasse
If mutually agreed, parties can proceed directly to
Public Hearing.
Public hearing
If mutually agreed, parties can proceed directly to public hearing.
Sec. 447.403(2)(a) and (4)(d), F.S.
If mutually agreed, parties can proceed directly to
Public Hearing.
Public HearingBoard decides disputed issues
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Optional mediation
PERC appointed
Sec. 447.403(1), F.S.
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Union or Board declares impasse
Optional mediation(PERC appointed)
Special Master appointed
Special Master appointed
Sec. 447.403(2)(a), F.S.Optional mediation(PERC appointed)
Special Master appointed
Hearing
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Hearing
15 days
Sec. 447.403(3), F.S.
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Special Master appointed
Hearing
Special Master’srecommended
settlement
Do
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• Prepare for hearing like you want to win.• Follow blue print set forth in § 447.405 “Factors
to be considered by special magistrate.• Organize presentation so special magistrate
knows what you want.
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Section 447.405, Florida Statutes, requires the Special Magistrate to consider certain factors.
• Comparisons in local area in similar work;• Comparisons in similar public employment of
comparable size throughout the state;• Interest and welfare of the public;• Comparisons to other trades or professions; and• Availability of funds.
Factors to Consider
Don’t
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• Fail to prepare because the Board has final say.– This may be true but a strongly worded
recommendation from the special magistrate has political power for the union.
– Preparation leads to better data for the special magistrate.
• Fail to cost out the union’s proposals and demonstrate why they are not reasonable.
Special Master’s recommended settlement
15 days
Sec. 447.403(3), F.S.
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Hearing
15 days
Special Master’s recommended
settlement
Acceptance of recommendation
20 days to decide
Sec. 447.403(3), F.S.
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Union or Board
Accepts settlement
Ratification vote
Rejection of recommendation
20 days to decide
10 days statement to legislative body
Sec. 447.403(4)(a), F.S.
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Union or Board
Rejects settlement(states reasons)
Rejected items go to Legislative Body (Board)
Rejected items to Board
End Executive Sessions
Sec. 447.403(4)(a) and (b), F.S.
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Rejects settlement(states reasons)
Rejected items go to Legislative Body (Board)
Public HearingBoard decides disputed issues
Public hearing
Sec. 447.403(4)(c) and (d), F.S.
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Rejected items go to Legislative Body (Board)
Public HearingBoard decides disputed issues
Proposed Agreement drawn up including
disputed issues
Proposed agreement drawn up
Sec. 447.403(4)(e), F.S.
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Public HearingBoard decides disputed issues
Proposed agreement drawn up including
disputed issues
Ratification vote
Ratification vote
Sec. 447.403(4)(e), F.S.
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Proposed agreement drawn up including
disputed issues
Ratification vote
Ratified Not ratified
Ratified
Whew!
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Ratification vote
Ratified
New agreement
Not ratified
Sec. 447.403(4)(e), F.S.
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Ratification vote
Not ratified
Disputed issues imposed for the remainder of the
first fiscal year which wasthe subject of negotiations
Executive Sessions
• Permitted until special master’s recommended settlement is rejected or until parties mutually agree in writing to waive the special master procedure.
• After that time, the Board becomes a neutral body for the purposes of the impasse process.
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Case Study
School board has reserve balance below 3% on April 1, 2015. Parties are in open book negotiations and ten financial items remain in dispute, including wages. What steps would you take and why?
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Board Insurance Contributions
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• Highlands $642.67• Nassau $622.00• Duval $564.00• Clay $516.00• Columbia $458.33• St. Johns $425.83
7. Flagler $424.78
8. Baker $424.00
9. Union $369.55
10. Putnam $350.00
11. Bradford $303.00
Guidelines for General Fund
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“The district school board shall maintain a general fund ending fund balance that is sufficient to address normal contingencies.
(1) If at any time the portion of the general fund’s ending fund balance not classified as restricted, committed, or nonspendable in the district’s approved operating budget is projected to fall below 3 percent of projected general fund revenues during the current fiscal year, the superintendent shall provide written notification to the district school board and the Commissioner of Education.”
Ch. 1011.051, Florida Statutes
Guidelines for General Fund
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(2) If at any time the portion of the general fund’s ending fund balance not classified as restricted, committed, or nonspendable in the district’s approved operating budget is projected to fall below 2 percent of projected general fund revenues during the current fiscal year, the superintendent shall provide written notification to the district school board and the Commissioner of Education. Within 14 days after receiving such notification, if the commissioner determines that the district does not have a plan that is reasonably anticipated to avoid a financial emergency as determined pursuant to s. 218.503, the commissioner shall appoint a financial emergency board that shall operate under the requirements, powers, and duties specified in s. 218.503(3)(g).”
Ch. 1011.051, Florida Statutes
DisclaimerThe information provided during this presentation is not
intended for legal advice. The presentation, and any handouts which may accompany it, provide general information on the impasse process and answers to common questions about this issue. Please consult an attorney to assure that this information, and your interpretation of it, is appropriate to your particular situation.
© 2015 Rumberger, Kirk & Caldwell, P.A.
Leonard J. Dietzen, III, EsquireRumberger, Kirk & Caldwell, P.A.P.O. Box 10507Tallahassee, FL 32302-2507(850) [email protected]
© 2015 Rumberger, Kirk & Caldwell, P.A.
**APPLAUSE OPTIONAL, BUT EXPECTED.**