Florida/Georgia Personal Injury & Workers Compensation

...June 30, 1975. Following certification of PCTA by PERC, negotiations were conducted between the parties from April 24, 1975 until July 28, 1975, and when no fruitful bargaining could be obtained, an impasse was declared on July 28, 1975. Pursuant to Section 447.403, Florida Statutes (1975), a special master was appointed by PERC to reconcile the differences between the parties....

...ns it imposes on the use of the funds will stand even if contradictory to the negotiated agreement." Id. at 421. In contrast, the instant case did not involve a negotiated agreement because the governor and the unions reached an impasse. Pursuant to section 447.403(4)(d), Florida Statutes (1991), the legislature resolved the impasse by authorizing a three-percent pay raise, which the unions subsequently ratified....

...the employee organization fail to secure their inclusion in an agreement. Simply stated, the bargaining table is the statutorily mandated forum for accomplishing all changes in the status quo; the sole exception being legislative action pursuant to Section 447.403(4)(d)....

...In February 2001, as the Union and Governor were negotiating a successor collective bargaining agreement to the one that will expire June 30, 2001, the Governor declared a bargaining impasse and the parties utilized the impasse resolution mechanism set forth in section 447.403, Florida Statutes (2000)....

...The Union filed suit in circuit court against "the Florida Legislature (the Florida Senate and the Florida House of Representatives); Rodolfo `Rudy' Garcia and Frederick C. Brummer," seeking declaratory and injunctive relief. The complaint alleged that the timing of the hearing violated section 447.403 because it deprived the parties of an opportunity to review the special master's report and negotiate a settlement agreement on their own....

...The complaint asked the court to do two things: (1) issue a temporary restraining order ("TRO") barring the above named parties from holding the scheduled hearing, and (2) issue an order declaring that the above parties may not intervene in a bargaining dispute until requested to do so pursuant to section 447.403....

...This Court on April 12 issued an order directing that responses be filed by 5 p.m., Monday, April 16, and that a reply be filed by 12 p.m., Tuesday, April 17. II. THE APPLICABLE LAW A. The Impasse Resolution Statute Chapter 447, part II, Florida Statutes (2000), addresses collective bargaining practices for public employees. Section 447.403 sets forth a mechanism for resolving impasses: (1) If, after 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 publ...

...ice filed with the commission within 20 calendar days after the date the party received the special master's recommended decision. The written notice shall include a statement of the cause for each rejection and shall be served upon the other party. § 447.403, Fla....

...rejected recommendations 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, to resolve all disputed impasse issues.... § 447.403, Fla....

...gislature. The letter from the Select Committee announcing the April 3 public hearing stated the topic of the hearing: "The public hearing is regarding the issues at impasse between the State of Florida and all parties pursuant to ss. 216.163(4) and 447.403, F.S." Although section 447.403 relates to the collective bargaining process, section 216.163(4), Florida Statutes (2000), does not; it addresses budgeting issues for agencies and provides criteria for incentive and disincentive funding....

...As noted above, the order was directed to the following parties: "the Florida Legislature (the Florida Senate and the Florida House of Representatives); Rodolfo `Rudy' Garcia and Frederick C. Brummer." The breadth of the temporary restraining order thus exceeded the statutory requirements of section 447.403 and impinged on the sovereignty of a co-equal branch of government....

...hat it enjoins the Legislature from holding meetings, exceeds the scope of the circuit court's jurisdiction and must be quashed. However, to the extent that the TRO enjoins the "legislative body or a duly authorized committee thereof as described in section 447.403, Florida Statutes (2000), I would find prohibition improper and would not quash the restraining order because questions remain concerning the duties, responsibilities and capacity of this "legislative body" or "duly authorized committ...

...heir rights under the collective bargaining statute. The circuit courts of this State have jurisdiction to hear complaints requesting declaratory relief. See § 86.011, Fla. Stat. (2000). The union asked the circuit court to declare its rights under section 447.403; more specifically, it asked the court to declare that it had a certain period of time (twenty days) under section 447.403(3) to reject the special master's report, or any part thereof, prior to the "legislative body" or "duly authorized committee thereof" holding a hearing to resolve the impasse between the union and the workers' employer and to address the parties' rejection of the special master's report....

...ting. The TRO issued by the trial judge does in fact enjoin the joint special committee, which is the duly authorized committee pursuant to the statutory scheme, from holding a meeting which the trial judge obviously considered to be in violation of section 447.403(3)....

...Another aspect overlooked by the petitioners is that this case involves not only the separation of powers [5] issue but also the constitutional right of public employees to collectively bargain. [6] Also implicated are the respective parties' rights and responsibilities under section 447.403, a section of the statutory provisions implementing this constitutional right....

...Although the circuit court may have acted precipitously in issuing this broadly worded injunction, I fear that this Court by issuance of the writ of prohibition may have prohibited the circuit court from exercising appropriate authority to enforce section 447.403, especially insofar as the action in the trial court alleges a violation of respondent's constitutional right to collectively bargain....

...The School Board approved health care modifications which would address this concern. The School Board notified the Union of the financial urgency, but the two sides failed to coordinate negotiations. The School Board sent a letter to PERC (Public Employees Relations Committee) declaring an impasse under section 447.403(4)(d), Florida Statutes (2001), on the issue of health insurance modifications, adding that "[d]ue to the time sensitivity of this item and due to its financial urgency, we would like to by-pass the special master proceedings." *98 On...

...Notwithstanding, the arbitrator found the issue arbitrable and that the School Board violated the agreement because the health care issues should have been raised at the annual renegotiations. Moreover, the Arbitrator ruled that the School Board did not follow the strictures of sections 447.403 and 447.4095, stating: It would seem that the Employer, in order to avail itself of the statutory procedures must observe the strictures of those statutes. In this case the relevant statutes call for, inter alia, negotiation and a decision by a special master unless waived by the parties, prior to the imposition of a resolution by the legislative body, FS 447.403; 447.4095....

...ween the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed during the 14 days during which negotiations are occurring pursuant to this section. Notably, section 447.403 fails to ever mention submission to arbitration....

...es or wages. At the August 5th session the PBA, without giving prior warning to the city, declared an impasse and afterward filed an unfair labor practices suit against the city. Once impasse was announced, however, the impasse procedures set out in section 447.403, Florida Statutes (1981), [1] were not followed; neither a mediator nor a special master was appointed. Also, the PBA failed to serve written notice of impasse to the city and the Public Employees Relations Commission (PERC) as required by section 447.403(1), Florida Statutes (1981)....

...civil service ordinances do not affect the required bargaining powers, but quash its finding that the City of Casselberry committed an unfair labor practice. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, EHRLICH and SHAW, JJ., concur. NOTES [1] § 447.403, Fla....

...nagement prerogatives clause, [1] and, after acting as a legislative body, by requiring that the clause be incorporated within the agreement. As a remedy, PERC set aside the impasse resolution action taken by the Board of Trustees in accordance with Section 447.403(4), Florida Statutes (Supp....

...be included within the contract. On October 30, 1980, Palm Beach proposed two alternative clauses, [2] but the parties were again unable to reach agreement. On November 19, 1980, the Board of Trustees of Palm Beach Junior College, in accordance with Section 447.403(4), Florida Statutes (Supp....

...clause originally proposed by Palm Beach. This contract, with salary increases and other terms the parties had tentatively agreed upon during bargaining, was prepared, signed, and offered to United Faculty for a ratification vote in accordance with Section 447.403(4)(e), Florida Statutes (Supp....

...Perhaps a more fundamental difference between the situation presented to the Court in American National Insurance Co. and that before us is that the N.L.R.A. "does not compel any agreement whatsoever between employees and employers." 343 U.S. at 402, 72 S.Ct. at 828, 96 L.Ed. at 1036. Not so PERA. Section 447.403(4)(d), Florida Statutes, permits the public employer to move a required subject of bargaining through impasse, and, in its capacity as legislative body, to "take such action as it deems to be in the public interest" in order to resolve the issue....

...rty as a remedy for an unfair labor practice. In its order and its brief, PERC forthrightly supports these propositions on the ground that the constitutional prohibition against public employee strikes and the statutory impasse resolution procedure, section 447.403, Florida Statutes (Supp....

...rgaining agreement shall not become effective. Id. at 1151. Although City of Tallahassee is factually off point, it presents a legal issue similar to that in the present case: Can the legislative body of Palm Beach Junior College, acting pursuant to section 447.403, mandate the inclusion in a collective bargaining agreement of a provision waiving public employee rights to bargain collectively over wages, hours, terms, and conditions of employment? The parties and the majority assume that the answer is yes. On the authority of City of Tallahassee, which holds that a legislature cannot abridge the public employees' constitutional rights to collective bargaining, my answer is no. My answer is further supported by the language of section 447.403(4)(e) which recognizes that there are impasse issues which cannot be mandated: If such agreement is not ratified by all parties, pursuant to the provisions of s....

...sse issues which establish the language of contractual provisions which could have no effect in the absence of a ratified agreement, including, but not limited to, preambles, recognition clauses, and duration clauses. (emphasis supplied) To construe section 447.403 as granting the authority to curtail or abridge the bargaining rights of public employees is to say that the Florida Legislature can grant authority which it does not itself possess under the constitution....

...es may waive their constitutional and statutory rights to bargain collectively over wages, hours, terms and conditions of employment by ratifying an agreement pursuant to section 447.309; the public employer may not mandate such a waiver pursuant to section 447.403....

...Nothing in PERA even suggests that PERC has the authority to act as an Interest Arbitrator; indeed the legislative decision to vest the authority for impasse resolution in the legislative body of the public employer suggests the contrary. The legislature could have tasked PERC with the responsibility and authority under section 447.403 to act as an Interest Arbitrator in resolving bargaining impasses; it chose not to do so....

...In sum, I agree with PERC and the majority that a public employer cannot be permitted to bargain to impasse over a proposed waiver of employee rights on the founded expectation that the proposed waiver may be mandated during the impasse resolution stage. I am convinced, however, that section 447.403 does not in specific terms authorize the legislative body of the public employer to mandate such a waiver and, further, assuming arguendo that the statute did authorize such action, the statute, or portion thereof, would be unconstitutional....

...dicating management was moving toward more restrictive or specific delineation of the scope of the clause; and by not submitting the legislatively-mandated contract to the union membership for ratification or rejection as they were required to do by section 447.403, Florida Statutes (Supp....

...On October 30, the College proposed two alternative clauses [3] which were rejected by United Faculty. *1224 On November 19, 1980, the College Board of Trustees resolved the impasse by mandating that the disputed clause be included in a contract to be offered to the union for ratification pursuant to section 447.403(4)(e) of Florida Statutes (1980 Supp.) [4] The contract subsequently presented to the union included the disputed clause, but also incorporated matters previously resolved in bargaining including the 9.5% wage increase. No ratification vote has occurred, but section 447.403(4)(e) provides for the legislative action to take effect automatically....

...unit members or on the unit as a group, or to postpone or delay effectuation or implementation of the management decision involved for any reason other than an express limitation contained in this Agreement. [2] Impasse procedures are established by section 447.403, Fla....

...tive body governing the public employer. After a public hearing, "the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues." § 447.403(4)(d)....

...respect to those disputed impasse issues which establish the language of contractual provisions which could have no effect in the absence of a ratified agreement, including, but not limited to, preambles, recognition clauses, and duration clauses." § 447.403(4)(e)....

...Being unable to reach an agreement, the parties caused to be conducted an impasse hearing before a special master. The special master issued his recommended order to settle the impasse in March of 1977. Subsequent negotiations between the parties relative to the recommended order of the special master pursuant to F.S. 447.403 appearing unsuccessful, the parties informed the Public Employees Relation Commission (PERC) of their inability to reach an agreement....

...e "legislative body" for the public employees represented by the petitioner. Should negotiations result in an impasse, a mediator may be called in to assist and in the absence of resolution in that manner, special master proceedings are instituted. (Section 447.403, Florida Statutes 1975) If the special master's recommendations for settlement of the contract talks are rejected by either party, the matter is referred to the legislative body for final disposition....

...The public employer must, and the bargaining agent may, submit its recommendations for impasse resolution to the legislative body, and the legislative body thereafter takes "such action as it deems to be in the public interest, including the interest of the public employees involved." (Section 447.403(1)(c)(4), Florida Statutes 1975) Similarly, when negotiations yield agreement and the chief executive officer requests the funds therefor, the legislative body may appropriate less than the amount requested....

...On March 28, 1977, the respondent herein accepted in part and rejected in part the special master's recommendations. With reference to salaries, it accepted his recommendation for an 8.85% increase, but rejected his proposed division between the across-the-board and discretionary pay components thereof. In accordance with Section 447.403(2)(c)(1), Florida Statutes 1975, the respondent prepared its recommendations for settling the dispute and transmitted them and the special master's report to the Legislature....

...Nevertheless, we leave a full treatment of that question for another day because we hold that the proposed ordinance is unconstitutional in its entirety and on its face because it conflicts with the general law contained in Chapter 447. The impasse proceedings provided for in Section 447.403(3), et seq. are nullified by the ordinance, since the reason for their existence is disposed of. For example, the written notice required by Section 447.403(3), the discussions between parties, the recommendation for settling by the Chief Executive Officer, the public hearing before the legislative body, and the legislative body's action, taken in the public interest are all obviated by the ordinance....

...NOTES [1] The proposed ordinance provides: "In any contract involving terms or conditions of employment, between the City of West Palm Beach and its firefighter employees acting through its employee organization, where unresolved issues are submitted to a special master pursuant to Florida Statutes chapter 447.403 and 447.405, it shall be deemed to be in the public interest including the interest of the employees involved for the commission of the City of West Palm Beach to accept the recommended decision of the Special Master, and such recommended dec...

...liance with the Sunshine Law; on the contrary, it specifically included them. Because that is so, we find that the trial court correctly interpreted the statute. Accordingly, we affirm the order before us. SCHOONOVER and HALL, JJ., concur. NOTES [1] § 447.403, Fla....

...employment agreement. The areas that became troublesome involved wages, overtime and special compensation related to education. Unable to successfully negotiate these items, the parties submitted the matter to a special master as provided for by Subsection 447.403(2), Florida Statutes....

...The special master's report, received by the parties on January 6, 1977, was the subject of a meeting of the negotiators for the parties on January 14, 1977, at which time the City rejected the special master's recommendations. On January 31, 1977, the City Council conducted a public hearing pursuant to Subsection 447.403(4)(d)....

...Pursuant to an unfair labor practice charge filed by the appellee union, counsel for PERC issued a complaint alleging that the City of Orlando had engaged in an unfair labor practice within the meaning of Sections 447.501(1)(a) and (c) by failing to take action as required by Section 447.403(4)(d) to resolve certain impasse items and by conditioning its resolution of such impasse items on the union's total acceptance of the City's bargaining proposal. The complaint alleged, in essence, that on January 31, 1977, the City conducted a public hearing pursuant to Section 447.403(4)(d); that at such hearing, and thereafter, the City failed to resolve the remaining impasse items; that on or about February 15, 1977, an agent of the City offered a bargaining proposal on the impasse items which proposal was reject...

...acceptance of the City's February 15th bargaining proposal. *944 The hearing officer issued his recommended order in which he concluded that following its rejection of the special master's recommended decision, the City was under a duty, pursuant to Section 447.403(4)(c) and (d), to forthwith conduct a legislative hearing and take legislative action to resolve the impasse issues with finality....

...action on January 31, 1977, was not an unfair labor practice. PERC issued its decision and order which adopted the hearing officer's findings of fact. While concurring with the hearing officer's conclusion that the City was under a duty pursuant to Section 447.403(4)(c) and (d) to conduct a hearing and take legislative action to resolve the impasse issues, the Commission differed with the hearing officer on the waiver issue, instead concluding that, although the union waived prompt performance...

...ded. In addition to ordering the City to cease and desist from such conduct in the future, the City was ordered to post a notice in all fire stations which admitted the violation. The City's appeal is based upon four grounds. The City maintains that Section 447.403(4)(d), Florida Statutes, authorized but did not require the City Council to legislate the terms and conditions of the firefighters' employment. While this is an accurate analysis of the statute, it does not answer the real question involved. Section 447.403 of the Public Relations Employment Act contemplates the use of three distinct impasse resolution techniques....

...L-CIO, Local 1880 v. Board of Regents, 365 So.2d 1073 (Fla. 1st DCA 1979). The issue for consideration is whether a legislative body may, where it deems such action to be in the public interest, authorize further negotiations. The City contends that Section 447.403(4)(d), Florida Statutes, allows it the option of continuing to bargain, following a Section 403(4)(c) legislative hearing when that legislative body, acting in its impartial legislative capacity, deems such action to be in the public interest. The City also contends that a unilaterally imposed settlement by legislative fiat hardly advances the purposes of the act as stated in Section 447.201. Section 447.403(3) provides that after the recommended decision of the special master is transmitted to the parties, that decision should be discussed further by the parties in negotiations....

...e negotiations. The officer also found that the County violated section 447.501(1)(c) by unilaterally changing, after a request for bargaining, an established term or condition of employment without using the impasse resolution procedure required by section 447.403, Florida Statutes....

...nded the order require the County to "[r]escind the written policy prohibiting ... store visitation by on-duty fire fighters. This does not preclude the County from further bargaining or utilization of the impasse resolution procedure articulated in section 447.403, Florida Statutes (1981)." We do not know why the Commission felt it proper to delete the impasse wording when it adopted the recommendations of the hearing officer....

...After the declaration of impasse on August 5, 1982, the parties continued to negotiate and eventually reached an agreement on October 7, 1982, the date of the evidentiary hearing on PBA's unfair labor practice charge. The parties never utilized a special master or other procedures available under Section 447.403 for the resolution of impasses....

...Each party is entitled to press its position on these mandatory subjects to the point of impasse (which in the public sector may lead to provisions imposed upon the parties through the statutory impasse procedures including resolution through legislative action, Section 447.403, Florida Statutes)....

...PERC's order rejecting the recommended order was also predicated, in part, upon the fact that after the declaration of impasse the parties eventually reached agreement on a collective bargaining agreement without resorting to impasse proceedings before a special master as contemplated by Section 447.403....

...We do recognize that the term "impasse" as used in the private sector is not identical with the same term under the public sector provisions of Chapter 447. "Impasse" is not defined under the National Labor Relations Act and its meaning is determined on a case-by-case basis. On the other hand, Section 447.403(1) defines the term....

...Under that section, impasse shall be deemed to have occurred when: (1) dispute still exists over the terms and conditions of employment after a reasonable period of negotiation; and (2) one of the parties declares in writing to the other party and to PERC that they are at impasse. It has been observed that "impasse" under Section 447.403(1) "is fundamentally dissimilar to the private sector concept because a statutory impasse occurs before the end of the parties' obligations to participate in *1130 good faith bargaining." Schulman, The Case of Frustrated or Unsuccessf...

...Florida, Vol. 30 Fla.L.Rev. 867. And, as recognized in Hollywood Fire Fighters Local 1375 v. City of Hollywood, 8 FPER ¶ 13333 (August 18, 1982) (Commissioner Renovitch, specially concurring), in order for parties to be considered at impasse under Section 447.403(1), the parties need not be at the point of "deadlock" as contemplated in private sector impasse....

...t on wages, hours or terms and conditions of employment. Hillsborough Classroom Teachers Association, Inc. v. School Board of Hillsborough County, 423 So.2d 969, 970 (Fla. 1st DCA 1983). In the absence of a waiver, an emergency or an impasse action (section 447.403, Florida Statutes (1983)), a public employer who unilaterally alters any of these mandatory subjects of collective bargaining commits an unfair labor practice....

...bargaining agreement (CBA) pursuant to section 447.4095, Florida Statutes (2010), and (2) PERC erred in construing section 447.4095 to allow the City to implement changes to the CBA prior to completion of the impasse resolution process set forth in section 447.403....

...conditions of employment after expiration of the CBA. The Union further alleged that *889 the City committed a ULP by unilaterally altering financial terms and conditions of employment before completing the impasse resolution process provided for in section 447.403....

...ween the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403....

...it a ULP when it unilaterally modified the CBA. 2 Second, the Union contends that PERC erred in construing section 447.4095 to allow the City to unilaterally modify the CBA without first proceeding through the impasse resolution process set forth in section 447.403....

...The statute further provides that, if a dispute remains between the parties after the expiration of the expedited negotiation period, an impasse shall be deemed to have occurred and “[t]he parties shall then proceed pursuant to the provisions of s. 447.403.” § 447.4095, Fla. Stat. The impasse resolution process in section 447.403 begins with the appointment of a special magistrate who is charged with conducting a hearing and making a recommendation to the local government’s legislative body as to the resolution of any disputed issues. See § 447.403(3), Fla. Stat. The statute does not establish a deadline for the hearing, but it does provide for at least 45 days of post-hearing procedures. See § 447.403(3)-(4), Fla....

...legislative body). The legislative body is not required to accept the special magistrate’s recommendations and, thus, the end-result of the impasse resolution process may be the local government unilaterally imposing changes to the agreement. See § 447.403(4), Fla....

...This, coupled with the narrow circumstances in which the statute applies, adequately safeguards the right of public employees to collectively bargain. In sum, we agree with PERC that a local government acting pursuant to section 447.4095 is not required to proceed through the impact resolution process in section 447.403 before modifying the CBA....

...It may do so, of course, if a drug testing program is made a part of a collective bargaining agreement. [10] Also, in the event *1319 of an impasse in bargaining, the City, acting in its legislative capacity, could unilaterally impose drug testing, if it deemed it to be in the public interest. See § 447.403(4)(d) & (e), Fla....

...ic employees," then it is considered a "mandatory" subject of bargaining over which the employer and the union must bargain in good faith to the point of impasse. If an impasse is reached, the employer is then allowed to act unilaterally pursuant to Section 447.403(4)(d) & (e), Florida Statutes (1983)....

...Therefore, because this case poses a question of important public interest regarding public officials and because the issues presented herein are likely to recur each time the parties bargain over a new employment contract, we have jurisdiction. [8] Section 447.403(4)(d) specifically states that, after impasse has been reached, "the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed im...

...bargain in good faith with respect to the monetary benefits sought by the bargaining representative for fiscal year 1976-77". The Board argues that PERC lacks jurisdiction to order the Board to negotiate with the DTU after negotiations have gone through the impasse procedure provided by Florida Statute 447.403....

...nd injunctive relief on constitutional grounds. The Firefighters claim that the City violated the Firefighters’ collective bargaining rights guaranteed by Article I, Section 6 of the Florida Constitution by not following the procedures of sections 447.403, 447.4095, Florida Statutes (2010), and by conducting a shade meeting in vio *95 lation of section 286.011, Florida Statutes (2010), the Sunshine law....

...issues raised. This appeal by the Firefighters’ Union follows. The Firefighters’ Union alleges in its Verified Complaint for Declaratory and In-junctive Relief that “despite the provisions of Section 447.4095 and the statutory procedures under Section 447.403 ......

...the City unilaterally took action to modify downward wages, insurance, pension benefits and other benefits.” In other words, the Firefighters’ Union claims that, by acting unilaterally and not following the statutory requirements of sections 447.4095 and 447.403, the City abridged the Union’s constitutionally guaranteed right of collective bargaining....

...contract grievance procedure agreed upon by employer and union as the mode of redress.” PERC governs the Collective Bargaining Agreement before us and requires submission of all unresolved issues to an appointed mediator or special magistrate. See § 447.403....

...ween the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed during the 14 days during which negotiations are occurring pursuant to this section. . Section 447.403, provides: (1) If, after a reasonable period of negotiation concerning the terms and condition of employment to be incorporated in a collective bargaining agreement, a dispute exits between a public employer and a bargaining agent, an...

...The parties waived the Special Master process and no subsequent resolution was reached. The Union argued the management rights article could not be taken to impasse because it waived the Union's right to bargain. Impasse Resolution Hearing Before the City Council On October 24, 2002, in accordance with section 447.403(4), Florida Statutes, both parties submitted their positions and written recommendations for resolving the impasse to the legislative body, and to each other....

...requiring the Union to waive its bargaining rights over wage increases. [6] When a dispute exists over terms and conditions of employment to be incorporated into a CBA, the parties are entitled to have the impasse resolved by a legislative body. See § 447.403(4)(c)-(e), Florida Statutes (2004)....

...Appellant sent by fax a copy of its written recommendations to counsel for the Union on the same day it sent them to the legislative body. We agree with Appellant that PERC's application of its insulated period rule, as applied to the facts of this case, appears to be contrary to the statutory framework provided in section 447.403(4)(a) and (b)....

...ster's recommendation and submit its own recommended proposal to the legislative body as a means of resolving the impasse. Similarly, if the parties agreed to waive the appointment of the special master altogether, they had the right, as provided in section 447.403(2)(a), to proceed directly to resolution of the issues before the legislative body....

...sed changes in the bargaining process could be submitted by either or both parties to the legislative body as could be made to the special master during impasse. It appears the legislature, by its enactment of the resolution of impasse provisions of section 447.403, chose to provide an alternative to the special master process, whereby parties can seek a resolution of their disagreements before the public employer, acting in its quasi-judicial role....

...special master. This argument fails to consider the statutory procedure allowing the parties to waive the appointment of a special master and proceed directly to impasse resolution proceedings by the legislative body. We therefore hold, pursuant to section 447.403, that parties are allowed to change their positions during impasse, whether before a special master or before a legislative body, provided that the amended proposals do not touch on a topic that has not been previously negotiated at the bargaining table....

...[7] See also Osceola Classroom Teachers Ass'n. v. School Bd. of Osceola County, 4 FPER 4066 (1978) (citing Pinellas County Police Benevolent Ass'n, 3 FPER 205) (unilateral changes to wages, hours, and terms of employment may only be made after conclusion of the section 447.403 impasse procedure)....

...ween the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403....

...sion of the First District on this issue. Petitioner also argues that the First District erred in construing the statute to allow an employer to unilaterally modify the CBA without first proceeding through the impasse resolution process set forth in section 447.403, Florida Statutes (2010)....

...The statute further provides that, if a dispute remains between the parties after the expiration of the expedited negotiation period, an impasse shall be deemed to have occurred and “[t]he parties shall then proceed pursuant to the provisions of s. 447.403.” § 447.4095, Fla. Stat. The impasse resolution process in section 447.403 begins with the appointment of a special magistrate who is charged with conducting a hearing and making a recommendation to the local government’s legislative body as to the resolution of any disputed issues. See § 447.403(3), Fla. Stat. The statute does not establish a deadline for the hearing, but it does provide for at least 45 days of post-hearing procedures. See § 447.403(3)—(4), Fla....

...legislative body). The legislative body is not required to accept the special magistrate’s recommendations and, thus, the end-result of the impasse resolution process may be the local government unilaterally imposing changes to the agreement. See § 447.403(4), Fla. Stat. *9 Headley, 118 So.3d at 894 . Petitioner argues that by requiring the parties to proceed through the impasse resolution process under section 447.403, the statute mandates that no changes may be made to the agreement until after the conclusion of that process....

...PERC found that the City's action of freezing the salaries at their September 30, 1976, levels did not constitute an unfair labor practice. PERC reasoned that: [U]pon the expiration of an agreement and until the legislative body take action pursuant to Section 447.403(2)(c)4, or a new agreement is ratified, the public employer has a duty to maintain the status quo with regard to the expired agreement....

...ent's expiration date. If the expired agreement provided for a step increase in salary for each employee on his anniversary date, the employer is not required to provide those steps which occur during the hiatus between the expired agreement and the Section 447.403 legislative action or the ratification of a new agreement....

...A public employer cannot unilaterally alter the wages, hours, and other terms and conditions of employment of employees covered under a collective bargaining agreement until impasse is reached and the employer as the legislative body takes action as provided under section 447.403(4)(d), Florida Statutes (1989). Palowitch. Upon the expiration of an agreement and until the legislative body takes action pursuant to section 447.403(4)(d) or a new agreement is ratified, the public employer has a duty to maintain the status quo with regard to the expired agreement....

...In Count I of the complaint, AFSCME alleged abuse of the impasse resolution process and denial of due process of law. AFSCME argued that conducting the sole legislative impasse resolution hearing on the same day the special master’s report was received was a radical departure from section 447.403, Florida Statutes, which rendered the collective bargaining rights of AFSCME and its unit members meaningless, and the trial judge should therefore declare the fruits of the process unconstitutional. ■ AFSCME asserted that section 447.403 gave it an expectation that impasse issues would be submitted to a special master and that after the special master’s report issued, it would have an opportunity to discuss the recommendation *994 with its state-wide membership, eng...

...es should not be held in contempt, and a hearing on the motion was scheduled for April 19, 2001. The Senate sought a writ prohibiting the trial court from proceeding with the hearing. The supreme court, in an opinion dated April 18, 2001, noted that section 447.403 sets forth a mechanism for resolving impasses, including appointment of a mediator or special master, and also sets forth a procedure to be implemented in the event that either party rejects the special master’s decision....

...To the extent Count I alleged improper actions on the part of the Governor, those allegations constitute an alleged unfair labor practice subject to PERC’s jurisdiction. We accordingly affirm the trial court’s dismissal of this count of the complaint. Section 447.403, Florida Statutes (2000), provided for appointment of a mediator and/or special master....

...The Board wanted to keep all employees within the same disciplinary system. Just as fervently, the Union sought the inclusion of these issues in what would be the first-ever contract between the Union and the Board. In August 1996, the Union declared that the parties had reached an impasse. The parties then began the section 447.403, Florida Statutes (1995), procedures to resolve the outstanding impasse issues....

...Therefore, we conclude that, in accord with long standing judicial and administrative law, the Board possessed the right to seek an agreement excluding discipline issues from the collective bargaining agreement, and, when such negotiations failed, the statute allowed the Board to impose such provision. See § 447.403(4)(d)....

...PARKER, C.J., and ALTENBERND, J., Concur. . For purposes of this opinion, reference to the "County” means the bargaining ^gent for the Board. . Part II of Chapter 447 is comprised of sections 447.201 through 447.609 that all deal with public employees. . Section 447.403(4)(d) provides: "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, to resolve all disputed impasse issues.” The Board, as the l...

...ven has the authority to impose disputed contractual provisions according to the manner in which it resolved the impasse issues, albeit for only a year, even in the face of a negative vote by the bargaining unit employees to ratify the contract. See § 447.403(4)(e).

...During the negotiations, the County is required to honor existing wage provisions. After several months of negotiations, the parties were unable to resolve their differences; an impasse was reached. The County instituted proceedings for resolving such an impasse, requesting a hearing before a special master, as provided in section 447.403, Florida Statutes (2009)....

...et; the TWU and its members need a bottom line; and County citizens need the security of knowing that services are not interrupted, but are being delivered at costs that can be met under current financial circumstances. To promote prompt resolution, section 447.403 provides for resolution of bargaining impasses....

days of the transmission of the decision.” Section 447.403(2)(b). If the decision of the special master

...This cause is before us on appeal from a final order entered by the Public Employees Relations Commission (PERC) holding the Hollywood Municipal Employees Local 2432 not guilty of an unfair labor practice for refusing to execute an agreement and submit it to the members of the bargaining unit for ratification pursuant to Section 447.403(4)(e), Florida Statutes. 1 On appeal, the City contends that PERC erred in failing to find that the Union had violated Section 447.403(4)(e)....

...cember 8, 1982, neither Attorney Klausner nor any other representative of Local 2432 had identified or discussed with the City any dispute with the proposed agreement. The City filed an unfair labor practice charge, 3 alleging the Union had violated Section 447.403(4)(e), Florida Statutes, by refusing to comply with the procedures outlined therein....

...The order of the hearing officer carefully reviews the background of impasse resolution legislation as follows: In attempting to ascertain the legislative intent in the enactment of Chapter 80-367, Laws of Florida [impasse resolution], it is helpful to consider the legislative history which led to the amendment of Section 447.403 and the addition of subsection (4)(e), the interpretation of which is central to this case. When Part II of Chapter 447 was created in 1974, procedures for approval or rejection of a collective bargaining agreement and the procedures for resolution of negotiation impasses were set forth in Sections 447.-309 and 447.403....

...Before the obligation to execute and submit a document to membership for ratification arises, there must first be an agreement. In this case, there was no agreement. *1040 On appeal, the City contends, inter alia, that PERC has incorrectly interpreted Section 447.403(4)(e) and that its rejection of the hearing officer’s order is clearly erroneous. We agree. Section 447.403(4)(e), Florida Statutes, was designed to bring collective bargaining to an end at a point certain and thus provides: Following the resolution of the disputed impasse issues by the legislative body, the parties shall reduce to writing...

...In the event that an issue agreed to prior to impasse is dependent on one or more issues which are to be submitted to impasse resolution, then the concerned party must determine whether to submit that previously agreed to issue to impasse resolution as well. As is pertinent here, Section 447.403, Florida Statutes, provides that, after declaration of an impasse: (2) ......

...Assuming the 31 proposals were tentative and the Union had the right to reject any or all of them, it clearly no longer had that right after the legislative body’s hearing on October 13, 1982. The Union’s attempt to reject these articles on November 24, 1982 was not timely or effective. Section 447.403(4)(e), Florida Statutes, specifically requires the parties, after impasse resolution, to reduce the agreement, consisting of those issues agreed to by the parties and those issues resolved legislatively, to writing, sign it, and submit it to members of the bargaining unit for ratification....

...on all matters being reached. When such complete agreement has been reached, the parties agree to recommend its approval by their respective bodies;.... We hold, and both parties apparently agree, that “Ground Rule 8" cannot override the effect of Section 447.403(4)(e), Florida Statutes. . City of Winter Park v. PERC, 383 So.2d 653 (Fla. 5th DCA 1980), prompted the Legislature to amend the impasse resolution procedures by the enactment of subsection (4)(e) of Section 447.403, the last sentence of which requires: If such agreement is not ratified by all parties, pursuant to the provisions of s....

...This sentence has undone the effect of City of Winter Park, supra, by limiting the duration of impasse issue implementation to one year. This part of the statute is not at issue here. . An analysis of the legislative history of subsection (4)(e) of Section 447.403, Florida Statutes, in particular House Bill 1655, the Watt Amendment to the House Bill, and the Bill Summary, reveals the intent of the Legislature was to provide an end to a potentially endless bargaining process....

...rumentality or unit of government having authority to appropriate funds and establish policy governing the terms and conditions of employment and which, as the case may be, is the appropriate legislative body for the bargaining unit. For purposes of s. 447.403 the board of trustees of a community college shall be deemed to be the legislative body with respect to all employees of the community college . Thus, for purposes of the resolution of impasses in collective bargaining as delineated in s. 447.403 , F....

...n of the special master, as well as recommendations for settling the dispute prepared by the special master, the chief executive officer of the public employer, and the employee organization, should be submitted to the board of trustees. Pursuant to s. 447.403 (4)(c), the legislative body or a duly authorized committee thereof is then required to conduct a public hearing in which the parties explain their positions with respect to the recommendations of the special master. 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.' Section 447.403 (4)(d), supra ....

...and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403....

...First District on this issue. Petitioner also argues that the First District erred in construing the statute to allow an employer to unilaterally modify the CBA without first proceeding through the impasse resolution process set forth in section 447.403, Florida Statutes (2010). This issue centers on the procedure to be followed once a local government has declared a financial urgency requiring modification of an agreement. As the First District explained: Sec...

...The statute further provides that, if a dispute remains between the parties after the expiration of the expedited negotiation period, an impasse shall be deemed to have occurred and “[t]he parties shall then proceed pursuant to the provisions of s. 447.403.” § 447.4095, Fla. Stat. The impasse resolution process in section 447.403 begins with the appointment of a special magistrate who is charged with conducting a hearing and making a recommendation to the local government’s legislative body as to the resolution of any disputed issues. See § 447.403(3), Fla. Stat. The statute does not establish a deadline for the hearing, but it does provide for at least 45 days of post-hearing procedures. See § 447.403(3)-(4), Fla....

...The legislative body is not required to accept the special magistrate’s recommendations and, thus, the end-result of the impasse resolution process may be the local government unilaterally imposing changes to the agreement. See § 447.403(4), Fla. Stat. Headley, 118 So. 3d at 894. Petitioner argues that by requiring the parties to proceed through the impasse resolution process under section 447.403, the statute mandates that no changes may be made to the agreement until after the conclusion of that process....

...ernment, once it has declared a financial urgency, does not have the ability to unilaterally alter the terms and conditions of a collective bargaining agreement before completing the procedures required by the Legislature in sections 447.4095 and 447.403, Florida Statutes....

...ctice charge with the Public Employees Relations Commission (“PERC”) on September 21, 2010, contending that the City improperly modified the CBA without completing the impasse resolution process1 required by the financial urgency statute. See §447.403, Fla....

...On remand, the First District issued an order remanding the case to PERC “for further proceedings consistent with the Florida Supreme Court’s opinion.” On remand, PERC concluded that the City failed to comply with the impasse resolution procedures of section 447.403, and that it was not statutorily authorized to unilaterally modify the collective bargaining agreement....

...0 through March 4, 2011. It is important to note that during that time period, the Appellants were active City employees and Union members directly affected by the City’s actions. The Union interpreted the City’s actions to be in violation of section 447.403, Florida Statutes (2010), and to be a violation of the Union’s right to collectively bargain on its members’ behalf....

...447.501(1)(a) and (c), and ordered the City to do the following:  Rescind the Impasse Resolution action taken by the City Council on July 13, 2010;  Conduct a legislative body hearing in a manner consistent with the requirements of Section 447.403, Florida Statutes;  Post immediately for sixty days in conspicuous locations where notices to bargaining unit employees are customarily posted, copies of the notice to employees which states that the City will cease th...

...in. State v. Fla. Police Benevolent Ass’n, 613 So.2d 415, 418 (Fla. 1992). In the case *738 of state employees, the Governor is considered the public employer in collective bargaining negotiations. § 447.203(2), Fla. Stat. As'part of the statute, § 447.403 sets forth the process by which state employees and the Governor, must resolve impasses. The Legislature is responsible for resolving impasse issues. § 447.403(2)(b), Fla. Stat. When parties reach an impasse, the Legislature must convene a committee to review impasse issues and recommend- a resolution to the Legislature. §'447.403(6)(a), Fla. Stat. Once the.Legislature, takes action on the resolution, the parties, are bound. § 447.403(5)(b), Fla....

...The Governor vetoed the specific appropriation here and Appellant takes issue with it. Appellant does not dispute the Legislature’s attempt to resolve, impasses via the GAA, in the first instance, but argues that the Governor was required to approve the raise-specific appropriation in the GAA. See § 447.403(5)(b), Fla....

...The Governor’s action in this case comported with his constitutional authority. Moreover, the Governor’s veto did not displace the Legislature’s power to resolve the impasse in this case. After the veto, the Legislature retained final authority under § 447.403(5)(b) to resolve the wage impasse, and it did so here....

...The City concluded and charged that the Union thus had bargained in bad faith. On October 15, 1977, the President of the Union communicated with the Public Employees Relations Commission and in such communication declared that the parties were at impasse and requested the Commission to appoint a special master. Section 447.403, Florida Statutes (1977)....

...ween the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403....

...[1] On May 23, 2008, the School Board notified PERC that it was declaring an impasse, based on the union's refusal to bargain under section 447.4095 and the failure of the parties to reach an agreement within the fourteen-day statutory time period, and requested the appointment of a special magistrate pursuant to section 447.403, Florida Statutes (2007)....

...y to resolve the alleged impasse, adopt the selfsame recommendations. His stated purpose in taking this approach was to give the union an opportunity to present proposals to the School Board during an impasse resolution meeting conducted pursuant to section 447.403(4), Florida Statutes (2008)....

...d that because the union "refused to engage in such negotiations, the School [Board's] declaration of an impasse, and subsequent modification to the collective bargaining agreements at issue pursuant to the impasse resolution procedures set forth in Section 447.403, was not unlawful." The majority did not reach the merits of the union's contention that the School Board had improperly declared a financial urgency where none existed....

...ween the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403....

...1 On May 23, 2008, the School Board notified PERC that it was declaring an impasse, based on the union’s refusal to bargain under section 447.4095 and the failure of the parties to reach an agreement within the fourteen-day statutory time period, and requested the appointment of a special magistrate pursuant to section 447.403, Florida Statutes (2007)....

...y to resolve the alleged impasse, adopt the selfsame recommendations. His stated purpose in taking this approach was to give the union an opportunity to present proposals to the School Board during an impasse resolution meeting conducted pursuant to section 447.403(4), Florida Statutes (2008)....

...e negotiations. The officer also found that the County violated section 447.501(l)(c) by unilaterally changing, after a request for bargaining, an established term or condition of employment without using the impasse resolution procedure required by section 447.403, Florida Statutes....

...ed the order require the County to “[rjescind the written policy prohibiting ... store visitation by on-duty fire fighters. This does not preclude the County from further bargaining or utilization of the impasse resolution procedure articulated in section 447.403, Florida Statutes (1981).” We do not know why the Commission felt it proper to delete the impasse wording when it adopted the recommendations of the hearing officer....

report and, as a consequence, was required by Section 447.-403(4) to submit the dispute to its “legislative

...The Dade County Police Benevolent Association (Union) appeals a final order of the Public Employees Relations Commission (PERC) concluding that Miami-Dade County did not commit an unfair labor practice when its Mayor vetoed the County Commission’s resolution of an impasse under section 447.403, Florida Statutes (2011). The Union argues, and we agree, that section 447.403 does not permit a local executive branch official to veto the legislative body’s resolution of an....

...cost of health insurance. In March 2012, the Union filed an unfair labor practice charge against the County with PERC. The charge alleged, among other claims, 1 that the Mayor’s veto of the January 5 Resolution was an unfair labor practice because section 447.403 requires the “legislative body” to resolve the impasse and the Mayor is not a member of the County’s legislative body. The County responded that the Mayor’s veto authority flows from the Charter and that section 447.403 does not dictate the procedure for resolving an impasse or preclude local procedures that provide for a mayoral veto....

...In support of this conclusion, the hearing officer relied on a 1997 decision in which PERC’s general counsel rejected the Union’s claim that a mayoral veto of the legislative body’s resolution of an impasse is an unfair labor practice. That decision reasoned: The [Union] argues that [section 447.403(4)(d) ] precludes the Mayor from vetoing the City Council’s resolution of the impasse issues. I disagree. While I recognize that the Section 447.403 impasse resolution procedure refers to action by the legislative body, I cannot conclude that the Mayor’s veto of the legislative body’s action, lawfully taken pursuant to the authority granted to him by the City Charter, contravenes Chapter 447, Part II....

...gain collectively guaranteed by Article I, Section 6, of the Florida Constitution.” The Union appealed the final order to this court. The County filed a cross-appeal, but did not pursue it. Analysis The Union contends that PERC erred in construing section 447.403 to allow the Mayor to veto the County Commission’s resolution of the impasse because the impasse resolution process is governed by state law, not the County’s Charter, and section 447.403 gives the Commission the exclusive authority to resolve the impasse. The County responds that section 447.403 does not supersede the provisions of its Charter authorizing the Mayor to veto actions of the Commission and, in any event, the veto is “moot” because the Commission itself resolved the impasse on January 24 after it reconsidered the January 5 Resolution in accordance with its procedural rules....

...The Union replies that the Commission did not have the authority to reconsider the January 5 Resolution because PERC precedent precludes a legislative body from resolving the same impasse more than once. Because the issue framed by this appeal boils down to whether PERC correctly interpreted section 447.403, our standard of review is de novo....

...in and ordinary meaning of the statute. Id.; see also Manatee Educ. Ass’n v. Sch. Bd. of Manatee Cnty., 62 So.3d 1176, 1181 (Fla. 1st DCA 2011) (quoting Fla. Pub. Emps. Council 79, AFSCME, AFL-CIO v. State, 921 So.2d 676, 681 (Fla. 1st DCA 2006)). Section 447.403 prescribes the procedure for resolving an impasse in negotiations over the terms and conditions to be included in a CBA. The procedures include an opportunity for mecjiation and a hearing before a special magistrate, see § 447.403(l)-(3), Fla....

...Accordingly, where, as here, the chief executive officer is not a member of the legislative body, it would be inconsistent with the statute and general principles of due process to allow the executive to participate in the legislative body’s decision-making process beyond his or her role as an advocate. We recognize that section 447.403(4)(d) does not dictate the procedure by which the legislative body is to “take ......

...This interpretation makes no sense and is clearly erroneous because the vetoed action was action taken by the legislative body to resolve the impasse and it would have been the legislative body’s final action on the matter were it not for the veto. Moreover, PERC’s interpretation conflicts with section 447.403(4)(e), which provides that after the legislative body resolves the disputed impasse issue, the chief executive officer has no role except to reduce the legislative body’s resolution of the issue to writing along with the issues agreed to by the parties and then sign the agreement....

...VIII, § 6(e), Fla. Const. (1968); see also art. VIII, § 1(g), Fla. Const. (1968) (“Counties operating under county charters shall have all powers of local self-government not inconsistent with general law....”). Here, based on our conclusion that section 447.403 does not permit the chief executive officer to have any role in the legislative body’s resolution of the impasse beyond his or her role as an advocate, it follows that the Charter is in conflict with, and superseded by, the statute...

...January 5 Resolution because, under PERC precedent, a legislative body cannot resolve the same impasse more than once 2 and it must seek to avoid any appearance of impropriety in its actions. 3 We do not read PERC precedent — or, more importantly, section 447.403 — to categorically prohibit a legislative body from reconsidering its resolution of a disputed impasse issue on its own initiative pursuant to its rules of procedure, and we see no inconsistency between section 447.403 and the County Commission’s procedural rules authorizing reconsideration of prior actions at the next regular Commission meeting....

...Accordingly, it follows that until the vote taken by legislative body to resolve the impasse is not subject to reconsideration under the legislative body’s procedural rules, the legislative body has not yet “take[n] ... action” to resolve the impasse as required by section 447.403(4)(d)....

...The Florida State Lodge, Fraternal Order of Police ("FOP") is a union representing two bargaining units within the office of the Sheriff of Pasco County. The parties engaged in initial collective bargaining, reaching tentative agreement on some issues and impasse on others. Upon FOP's request and pursuant to section 447.403(2), Florida Statutes, PERC assigned a special magistrate to assist in resolving the impasse issues. Ultimately, the parties rejected the special magistrate's recommendations, *1074 necessitating submission of the impasse issues to the relevant legislative body as provided by section 447.403(4), Florida Statutes....

...Although the impasse resolution procedure is described by statute, it is plainly placed within PERC’s jurisdiction. PERC is given the authority by statute to prescribe the rules by which the hearings before the special master are to be conducted. § 447.403(3)....

...demand that it also consider motions to lift a stay for good cause. In light of PERC’s clarifying order, that is the appropriate remedy for Citrus County to pursue. PETITION DENIED. DAUKSCH and PETERSON, JJ., concur. . Fla.R.App.P. 9.130(a)(1). . § 447.403, Fla.Stat....

...Workers Union of Am., 35 So.3d at 1025 ; Sarasota Cnty. Sch. Dist. v. Sarasota Classified/Teachers Ass’n, 614 So.2d 1143, 1147 (Fla. 2d DCA 1993). . If a dispute between the PEA and the School District were to arise, then the parties could seek a resolution of the impasse pursuant to section 447.403.

...rs 1976-1977 and 1977-1978. The parties were unable to agree on several items, one of which was the duration of the agreement. A bargaining impasse was declared which was ultimately resolved by “legislative action” under applicable procedures of section 447.403, Florida Statutes (1977)....

...ely bargain, denies the right to strike to public employees. 1 Part II of *654 chapter 447, Florida Statutes, was designed to implement section 6 of Article I, Florida Constitution. 2 It is PERC’s position that despite the final action taken under section 447.403 by the City Commission, the Union had a right to reject the resolution of the impasse reached under section 447.403 and demand bargaining de novo for a new contract....

...��terms and conditions of. employment” would include the “period or duration” of a collective bargaining agreement. Both the Union and PERC concede that the contract period was a subject of impasse. If an item is the subject of lawful impasse, section 447.403 defines the manner of resolution....

...ons are limited to the previously negotiated provision. There is no obligation on either party to bargain with regard to the provision mandated by the legislative body. (Emphasis added.) No contention has been made that the City, in proceeding under section 447.403 with legislative action, did not act in good faith in what it deemed to be in the public interest including the interest of the public employees; therefore, there was no obligation on either party to bargain further....

...�� resolves an impasse against the interest of the Union. The contention can always be made that the public employer, as a party to the bargaining process, is unlikely to reverse itself where it sits as a “legislative body” when the procedure of section 447.403, Florida Statutes, is triggered....

...s. The Union accepted all of the magistrate’s recommendations, but HART rejected the recommended resolutions on three articles. HART scheduled a legislative body 2 hearing in September 2011 to resolve the three issues that remained at impasse. See § 447.403(4)(a)....

...The hearing went forward and the legislative body resolved the disputed issues in HART’s favor. HART then sent the Union a proposed agreement to ratify. When the Union refused to conduct a ratification vote, HART imposed the articles resolved by the legislative body. See § 447.403(4)(e)....

...When deciding the parties’ respective unfair labor practice charges in Sarasota County, PERC declared that, by proceeding to a legislative body hearing after the union membership rejected the second tentative agreement, the parties had misapplied the impasse resolution procedure set forth in section 447.403....

...essary to accomplish the legislative goal. Id. at 362 . PERC grounded its ruling in this case on City of Hollywood v. Hollywood Municipal Employees AFSCME Local 2432, 468 So.2d 1036 (Fla. 1st DCA 1985). See 39 F.P.E.R. 175. That decision interpreted section 447.403(4)(e), which addresses the steps to be taken “[fjollowing the resolution of the disputed impasse issues by the legislative body.” The City of Hollywood court remarked that “[s]ection 447.403(4)(e), Florida Statutes, was designed to bring collective bargaining to an end at a point certain.” 468 So.2d at 1040 ....

...As Local 1842 correctly claims, the Commission decided the exact legal question before this panel in, e.g., City of Cocoa and Nassau Teachers’ Ass’n. The Commission stated in the former that absent waiver, exigent circumstances that require immediate action, or a legislative resolution of an impasse pursuant to section 447.403, Florida Statutes, a public employer cannot unilaterally alter individual performance increases....

PER CURIAM: In this case we affirm the district court’s determination that section 447.403 is constitutional and that the city of Hialeah, Florida’s reduction of sick leave and vacation benefits did not constitute a substantive due process violation or unconstitutionally impair the obligation of contract....

...ed in collective bargaining negotiations with the City of Hialeah, Florida (City), pursuant to the provisions of Chapter 447, Part II, Florida Statutes. After lengthy negotiations, the parties reached an “impasse” as defined in Florida Statutes, section 447.403, and proceeded through the process set forth in that statutory provision for the resolution of an impasse. Following a hearing before a Special Master, as required by section 447.403, both the FOP and the City rejected certain *633 findings made by the Special Master, thereby bringing the matter for final resolution to the Hialeah City Council....

...Vacation and sick leave accruals are governed by the provisions of rule XIII, sections 2 and 3 of the Hialeah Civil Service Rules and Regulations, an ordinance of the City of Hialeah, Florida. The City Council proceeded to impose terms of a collective bargaining agreement pursuant to Florida Statutes, section 447.403(4)(d)....

...otiation is unconstitutional because it provides for the legislative body which has been bargaining as a party to the contract to become a neutral body and decide what the final disposition of the collective bargaining process will be. See Fla.Stat. § 447.403(4)(a)-(e). The consequence of this procedure, FOP alleges, is a denial of a ‘meaningful opportunity to be heard’ — thus, a denial of due process. Second, FOP alleges that the City, pursuant to Fla.Stat. § 447.403(4)(d), retroactively reduced its sick leave and vacation benefits....