Resolution of 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 public employer and a bargaining agent, either party may declare an impasse by providing written notification to the other party and to the commission. When an impasse occurs, the public employer or the bargaining agent, or both parties acting jointly, may use, or secure the services of, a mediator to assist in the resolution of the impasse. If the Governor is the public employer or for an impasse declared pursuant to s. 447.4095, a mediator may not be appointed.

(2)(a) If a mediator is not used under subsection (1), or upon the request of either party, the commission must appoint, and submit all unresolved issues to, a special magistrate acceptable to both parties. If the parties are unable to agree on the appointment of a special magistrate, the commission must appoint, in its discretion, a qualified special magistrate. However, if the parties agree in writing to waive the appointment of a special magistrate, the parties may proceed directly to resolution of the impasse by the legislative body pursuant to paragraph (4)(d). Nothing in this section precludes the parties from using the services of a mediator at any time during the conduct of collective bargaining.

(b) If the Governor is the public employer, a special magistrate may not be appointed. The parties must proceed directly to the Legislature for resolution of the impasse pursuant to paragraph (4)(d).

(c) For an impasse declared pursuant to s. 447.4095(2), the parties must agree on a special magistrate and submit the agreed-upon name to the commission within 5 calendar days after the declaration of impasse. Within 2 business days after the submission of the special magistrate’s name, the commission must appoint the agreed-upon special magistrate. If the parties do not submit the name of an agreed-upon special magistrate to the commission within 5 calendar days after the declaration of impasse, the commission must appoint a special magistrate of its choosing within 5 calendar days after the parties’ deadline to submit the name of the agreed-upon special magistrate. Within 5 calendar days after the special magistrate is appointed, each party must submit a list of issues at impasse to the special magistrate and serve a copy of the list on the other party at the same time.

(3) The special magistrate shall hold a hearing in order to define 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. The hearing must be held at a time, date, and place to be established by the special magistrate in accordance with rules adopted by the commission. For an impasse declared pursuant to s. 447.4095(2), a hearing must be held within 20 calendar days after the parties submit the list of issues at impasse to the special magistrate. The special magistrate may administer oaths and issue subpoenas on behalf of the parties to the dispute or on his or her own behalf. Within 15 calendar days after the close of the hearing, or 7 calendar days after the close of the hearing for an impasse declared pursuant to s. 447.4095(2), the special magistrate shall submit his or her recommended decision to the commission and to the representatives of both parties by any method of service agreed to by the parties which establishes proof of delivery. Such recommended decision must be discussed by the parties, and each recommendation of the special magistrate is deemed approved by both parties unless specifically rejected by either party by written notice filed with the commission within 20 calendar days, or 10 calendar days for an impasse declared pursuant to s. 447.4095(2), after the date the party received the special magistrate’s recommended decision. The written notice must include a statement of the cause for each rejection and be served upon the other party at the same time as it is filed with the commission.

(4) If either the public employer or the bargaining agent does not accept, in whole or in part, the recommended decision of the special magistrate, all of the following procedures apply:

(a) The chief executive officer of the governmental entity involved must, within 10 calendar days after rejection of a recommendation of the special magistrate, submit to the legislative body of the governmental entity involved a copy of the findings of fact and recommended decision of the special magistrate, together with the chief executive officer’s recommendations for settling the disputed impasse issues. The chief executive officer must also submit his or her recommendations to the bargaining agent at the same time as the recommendations are submitted to the legislative body.

(b) Within 10 calendar days after rejection of a recommendation of the special magistrate, the bargaining agent must submit its recommendations for settling the disputed impasse issues to such legislative body and to the chief executive officer.

(c) The legislative body or its duly authorized committee must conduct a public hearing at which the parties must explain their positions with respect to the rejected recommendations of the special magistrate. For an impasse declared pursuant to s. 447.4095(2), the legislative body must conduct the public hearing within 20 calendar days after the parties submit their recommendations to the legislative body.

(d) Thereafter, the legislative body must 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. For an impasse declared pursuant to s. 447.4095(2), the legislative body must take action within 10 calendar days after the close of the public hearing.

(e)1. Following the resolution of the disputed impasse issues by the legislative body, the parties must reduce to writing an agreement which includes those issues agreed to by the parties and those disputed impasse issues resolved by the legislative body’s action taken pursuant to paragraph (d). For an impasse declared pursuant to s. 447.4095(2), the parties must reduce the agreement to writing within 10 calendar days after the resolution of the disputed impasse issues by the legislative body.

2. The agreement must be signed by the chief executive officer and the bargaining agent and be submitted to the public employer and the public employees in the bargaining unit for ratification. For an impasse declared pursuant to s. 447.4095(2), the chief executive officer and the bargaining agent must sign the agreement within 7 calendar days after the agreement is reduced to writing and must submit the agreement to the public employer and the bargaining unit for ratification within 10 calendar days after the agreement is signed. For an impasse declared pursuant to s. 447.4095(2), the agreement must be signed, submitted, and ratified separately from other bargainable issues.

3. If the agreement is not ratified by all parties, pursuant to s. 447.309, the legislative body’s action taken pursuant to paragraph (d) shall take effect as of the date of such legislative body’s action for the remainder of the first fiscal year which was the subject of negotiations; however, the legislative body’s action may not take effect with respect to those disputed impasse issues that establish the language of contractual provisions that could have no effect in the absence of a ratified agreement, including, but not limited to, preambles, recognition clauses, and duration clauses.

(5)(a) By the first day of the regular session of the Legislature, each party shall notify the President of the Senate and the Speaker of the House of Representatives as to all unresolved issues. Upon receipt of the notification, the presiding officers shall appoint a committee to review the position of the parties relating to all issues at impasse. No later than the 14th day of the regular session of the Legislature, the committee shall conduct a public hearing to take testimony regarding the issues at impasse. During the legislative session, the Legislature shall take action in accordance with this section.

(b) Any actions taken by the Legislature shall bind the parties in accordance with paragraph (4)(c).