§ 94-114. Same—Powers and duties.

(a)

The commission shall, in accordance with F.S. ch. 120, adopt, promulgate, amend or rescind such rules and regulations as it deems necessary and administratively feasible to carry out the provisions of this article.

(b)

To accomplish the objectives and carry out the duties prescribed by this article, the commission may preserve and enforce order during any proceeding; issue subpoenas for, administer oaths or affirmations to, and compel the attendance and testimony of witnesses; or issue subpoenas for and compel the production of books, papers, records, documents, and other evidence. However, in the absence of extraordinary circumstances, no subpoena shall issue which commands the attendance or testimony of any commissioner or any commission employee at a commission proceeding with respect to the performance of official or assigned duties, or the production of books, papers, records, or documents of the commission which have been prepared during the performance of such duties.

(c)

If any person misbehaves during a proceeding or so near the place thereof as to obstruct such proceeding, or neglects to produce, after having been ordered to do so, any pertinent book, paper, record, or document, or refuses or fails to appear after having been subpoenaed, or, upon appearing, refuses to take oath or affirmation as a witness, or after having taken the oath, refuses to be examined according to law, the commission shall certify the facts to the circuit court having jurisdiction in the county where the proceeding is taking place, which shall thereupon in a summary manner hear the evidence as to the acts complained of and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process or order of, or in the presence of, the court.

(d)

Any subpoena, notice of hearing, or other process or notice of the commission issued under the provisions of this article shall be served personally or by certified mail. A return made and verified by the individual making such service and setting forth the manner of such service is proof of service, and a returned post office receipt, when certified mail is used, is proof of service. All process of any court to which application may be made under the provisions of this article shall be served in the county wherein the persons required to be served reside or may be found.

(e)

The commission shall adopt rules as to the qualifications of persons who may serve as mediators and special masters, and shall maintain lists of such qualified persons who are not employees of the commission. The commission may initiate dispute resolution procedures by special masters, pursuant to the provisions of this article.

(f)

Pursuant to its established procedures, the commission shall resolve questions and controversies concerning claims for recognition as the bargaining agent for a bargaining unit, determine or approve units appropriate for purposes of collective bargaining, expeditiously process charges of unfair labor practices and violations of section 94-131 by public employees, and resolve such other questions and controversies as it may be authorized in this article to undertake. The petitioner, charging party, respondent, and any intervenors shall be the adversary parties before the commission in any adjudicatory proceedings conducted pursuant to this article. Any commission statement of general applicability that implements, interprets, or prescribes law or policy, made in the course of adjudicating a case pursuant to section 94-119 or section 94-128 shall not constitute a rule within the meaning of F.S. § 120.52(16).

(g)

The commission shall provide by rule a procedure for the filing and prompt disposition of petitions for a declaratory statement as to the applicability of any statutory provision or any rule or order of the commission. Such rule or rules shall provide for, but not be limited to, an expeditious disposition of petitions posing questions relating to potential unfair labor practices. Commission disposition of petitions shall be final agency action and shall not constitute a rule as defined in F.S. § 120.52(16).

(Ord. No. 76-20, § 1.004, 9-28-76; Ord. No. 80-9, § 4, 3-18-80; Ord. No. 80-25, § 3, 7-8-80; Ord. No. 89-20, § 2, 5-9-89)

State law reference

Similar provisions, F.S. § 447.207.