§ 94-111. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bargaining agent means 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 94-119, or its representative.

Bargaining unit means 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 employers that are not departments or divisions of a public employer as defined in this section.

Chief executive officer for a constitutional officer means the constitutional officer himself.

Chief executive officer for a special district means the elected or appointed official or officials responsible for conducting the affairs of such district.

Chief executive officer for the board of county commissioners means the county administrator.

Civil service means any career, civil merit or unified personnel system used by any public employer.

Collective bargaining means 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 article.

Commission means the public employees relations commission created by section 94-113 of this article.

Confidential employees means persons who act in a confidential capacity to assist or aid managerial employees as defined in this section.

Constitutional officers means the clerk of the circuit court, the property appraiser, the sheriff, the supervisor of elections, and the county tax collector, or any of them.

Employee organization or organization means 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 means, but is not limited to, 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. Such term 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 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 section 94-136(c).

(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 means the board of county commissioners unless the commission determines that a unit or subdivision of an employer, as defined herein, having authority to appropriate funds and/or establish policy governing the terms and conditions of employment, is the appropriate legislative body for the bargaining unit.

Managerial employees means those employees who:

(1)

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

a.

Formulate or assist in formulating policies which are applicable to bargaining unit employees;

b.

May reasonably be required on behalf of the employer to assist in the preparation for and conduct of collective bargaining negotiations;

c.

Have a role in the administration of agreements resulting from collective bargaining negotiations;

d.

Have a significant role in personnel administration;

e.

Have a significant role in employee relations;

f.

Are included in the definition of administrative personnel contained in F.S. § 228.041(10);

g.

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

(2)

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. § 943.10(1), and firefighters, as defined in F.S. § 633.30(1), may be determined by the commission to be managerial employees of such departments. In making such determinations, the commission shall consider, in addition to the criteria established in subsection (1) of this definition, the paramilitary organizational structure of the department involved.

Provided, however, that in determining whether an individual is a managerial employee pursuant to either subsection (1) or (2) of this definition, the commission may consider historic relationships of the employee to the public employer and to coemployees.

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

Professional employee means:

(1)

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

a.

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

b.

Work involving the consistent exercise of discretion and judgment in its performance;

c.

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

d.

Work 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 subsection (1)d of this definition; and

b.

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

Public employee means any person employed by the board of county commissioners, the constitutional officers or a special district or any subdivision or agency thereof except:

(1)

Those persons appointed by the governor or elected by the people, agency heads, and members of boards and commissions;

(2)

Those persons holding positions by appointment or employment in the organized militia;

(3)

Individuals acting as negotiating representatives for employer authorities;

(4)

Persons who are designated by the commission as managerial or confidential employers pursuant to the criteria contained in this article;

(5)

Individuals holding positions of employment with the state legislature;

(6)

Those persons who have been convicted of a crime and are inmates confined to institutions within the state;

(7)

Those persons appointed to inspection positions in federal or state fruit and vegetable inspection service whose conditions of appointment are affected by federal license requirement, federal autonomy regarding investigation and discipline of appointees, or frequent transfers due to harvesting conditions; and

(8)

Those persons employed by the state public employees relations commission or the county public employees relations commission.

Public employer or employer means the board of county commissioners, the constitutional officers, or a special district of the county or any subdivision or agency thereof which the commission determines has sufficient legal distinctiveness to properly carry out the functions of a public employer.

Special district means any public employer, other than a municipality or town, that is located entirely within the boundaries of this county and is not already included under this article as an agency of the board of county commissioners or one of the constitutional officers. This definition shall include, but is not limited to, the county industry council, the license board for children's centers and family day care centers, the county planning council, Central Pinellas Transit Authority, and special fire, lighting, taxing or other districts as defined in the state statutes.

Strike means the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; 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 of employees 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 are 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.

(Ord. No. 76-20, § 1.002, 9-28-76; Ord. No. 80-9, § 2, 3-18-80; Ord. No. 80-25, § 1, 7-8-80; Ord. No. 89-20, § 1, 5-9-89)

State law reference

Similar provisions, F.S. § 447.203.

Cross reference

Definitions generally, § 1-2.