impasse dos and don’ts fen 35 th annual conference may 20, 2015 prepared by leonard j. dietzen,...

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)

© 2015 Rumberger, Kirk & Caldwell, P.A.

Union or Board declares impasse

Sec. 447.403(1), F.S.



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


Optional mediation

PERC appointed

Sec. 447.403(1), F.S.



Optional mediation(PERC appointed)

Special Master appointed


Sec. 447.403(2)(a), F.S.Optional mediation(PERC appointed)


Hearing


Hearing

15 days

Sec. 447.403(3), F.S.



Hearing

Special Master’srecommended

settlement

Do


• 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.


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


• 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.


Hearing

15 days

Special Master’s recommended

settlement

Acceptance of recommendation

20 days to decide

Sec. 447.403(3), F.S.


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.


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.


Rejects settlement(states reasons)



Public hearing

Sec. 447.403(4)(c) and (d), F.S.




Proposed Agreement drawn up including

disputed issues

Proposed agreement drawn up

Sec. 447.403(4)(e), F.S.



Proposed agreement drawn up including

disputed issues

Ratification vote

Ratification vote

Sec. 447.403(4)(e), F.S.


Proposed agreement drawn up including

disputed issues

Ratification vote

Ratified Not ratified

Ratified

Whew!


Ratification vote

Ratified

New agreement

Not ratified

Sec. 447.403(4)(e), F.S.


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.


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?


Board Insurance Contributions


• 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


“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


(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.


Leonard J. Dietzen, III, EsquireRumberger, Kirk & Caldwell, P.A.P.O. Box 10507Tallahassee, FL 32302-2507(850) [email protected]


**APPLAUSE OPTIONAL, BUT EXPECTED.**

impasse dos and don’ts fen 35 th annual conference may 20, 2015 prepared by leonard j. dietzen,...

Documents

kirk caldwell

special magistrate

special masters

special master appointedsec

special master procedure

public hearingif

public hearingsec

board insurance contributions