§ 35.031. DEFINITIONS.

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Bargaining agent. The employee organization which has been certified by the Public Employees Relations Commission as representing the employees in the bargaining unit as provided in Section 35.036(B), or its representative.

Bargaining unit. Either that unit determined by the Public Employees Relations Commission, or that unit determined by the public employer and the public employee organization and approved by the Commission to be appropriate for the purposes of collective bargaining. However, no bargaining unit shall be defined as appropriate which includes employees of two (2) employers that are not departments or divisions of the City or a subdivision or agency thereof.

Chief executive officer for the public employer. 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 public employer.

Civil Service. Any career, civil, or merit system used by any public employer.

Collective bargaining. The performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this subchapter.

Commission. The Public Employees Relations Commission created by Section 35.032.

Confidential employees. Persons who act in a confidential capacity to assist or aid managerial employees as defined in this Section.

Employee organization or organization. Any labor organization, union, association, fraternal order, occupational or professional society, or group, however organized or constituted, which represents or seeks to represent any public employee or group of public employees concerning any matters relating to their employment relationship with a public employer.

Good faith bargaining. 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 Public Employees Relations 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:

(1)

Failure to meet at reasonable times and places with representatives of the other party for purpose of negotiations.

(2)

Placing unreasonable restrictions on the other party as a prerequisite to meeting.

(3)

Failure to discuss bargainable issues.

(4)

Refusing, upon reasonable written request, to provide public information, excluding work products as defined in F.S. Section 447.605.

(5)

Refusing to negotiate because of an unwanted person on the opposing negotiating team.

(6)

Negotiating directly with employees rather than with their certified bargaining agent.

(7)

Refusing to reduce a total agreement to writing.

Legislative Body. The City Commission, unless the Public Employees Relations Commission determines that a unit or subdivision thereof, having authority to appropriate funds and establish policy governing the terms and conditions of employment, is the appropriate legislative body for the bargaining unit.

Managerial Employees.

(1)

Those employees generally having authority in the interest of the public employer who:

(a)

Perform jobs that are not of a routine, clerical or ministerial nature and require the exercise of independent judgment in the performance of those jobs, and also to whom one or more of the following applies:

(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 and conduct of collective bargaining negotiating;

(3)

Have a role in the administration of agreements resulting therefrom;

(4)

Have a significant role in personnel administration;

(5)

Have a significant role in employee relations; or

(6)

Have a significant role in the preparation or administration of budgets for any public agency or institution or subdivision thereof.

(b)

Serve as police chiefs, fire chiefs, or directors of public safety of any police, fire, or public safety department. Other police officers, as defined in F.S. Section 943.10(1), and firefighters, as defined in F.S. Section 633.30(1), may be determined by the Public Employees Relations Commission to be managerial employees of those departments. In making determinations the Commission shall consider, in addition to the criteria established in division (1) of this definition, the paramilitary organizational structure of the department involved.

(2)

However, in determining whether an individual is a managerial employee pursuant to either division (1)(a) or (b) of this definition, the Commission may consider the historic relationship of the employee to the public employer and to coemployees.

Membership dues deduction. The practice of a public employer of deducting dues and uniform assessments from the salary or wages of a public employee. This term also means the practice of a public employer of transmitting the sums so deducted to the employee organization.

Professional employee.

(1)

Any employee engaged in work in any two (2) or more of the following categories:

(a)

Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

(b)

Involving the consistent exercise of discretion and judgment in its performance;

(c)

Of a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and

(d)

Requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education, an apprenticeship or training in the performance of routine mental or physical processes; or

(2)

Any employee who:

(a)

Has completed the course of specialized intellectual instruction and study described in division (1) of this definition; and

(b)

Is performing related work under supervision of a professional person to qualify himself to become a professional employee as defined in division (1) of this definition.

Public employee. Any person employed by the City and any subdivision or agency thereof except:

(1)

Those persons elected by the people, agency heads, members of boards, and Commissions;

(2)

Individuals acting as negotiating representatives for employer authorities;

(3)

Those persons who are designated by the Public Employees Relations Commission as managerial or confidential employees pursuant to criteria contained herein.

Public employer or employer. The City and any subdivision or agency thereof which the Public Employees Relations Commission determines has sufficient legal distinctiveness to properly carry out the functions of a public employer.

Strike. 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 expiration of a collective bargaining agreement and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities.

Strike funds. 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.

(Code 1980, § 20-2; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 4-78, passed 2/27/78; Am. Ord. No. 70-79, passed 10/8/79)