Florida § 447.309 - Collective bargaining; approval or rejection.

§ 447.309. Collective bargaining; approval or rejection.

(1) After an employee organization has been certified as the bargaining agent of a bargaining unit pursuant to this part, the bargaining agent and the chief executive officer of the appropriate public employer or employers, jointly, shall bargain collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit. The chief executive officer or his or her representative and the bargaining agent or its representative shall meet at reasonable times and bargain in good faith. In conducting negotiations with the bargaining agent, the chief executive officer or his or her representative shall consult with, and attempt to represent the views of, the legislative body of the public employer. Any collective bargaining agreement reached by the negotiators must be reduced to writing, and such agreement must be signed by the chief executive officer and the bargaining agent. Any agreement signed by the chief executive officer and the bargaining agent is not binding on the public employer until such agreement has been ratified by the public employer and the public employees in the bargaining unit, subject to subsections (2) and (3). However, with respect to statewide bargaining units, any agreement signed by the Governor and the bargaining agent for such a bargaining unit is not binding until approved by the public employees in the bargaining unit, subject to subsections (2) and (3). (2)(a) Upon execution of the collective bargaining agreement, the chief executive shall, in his or her annual budget request or by other appropriate means, request the legislative body to appropriate such amounts as shall be sufficient to fund the provisions of the collective bargaining agreement. (b) If the state is a party to a collective bargaining agreement in which less than the requested amount is appropriated by the Legislature, the collective bargaining agreement shall be administered on the basis of the amounts appropriated by the Legislature. The failure of the Legislature to appropriate funds sufficient to fund the collective bargaining agreement does not constitute, or be evidence of, any unfair labor practice. All collective bargaining agreements entered into by the state are subject to the appropriations powers of the Legislature, and this section may not conflict with the exclusive authority of the Legislature to appropriate funds. (3) If any provision of a collective bargaining agreement is in conflict with any law, ordinance, rule, or regulation over which the chief executive officer has no amendatory power, the chief executive officer shall submit to the appropriate governmental body having amendatory power a proposed amendment to such law, ordinance, rule, or regulation. Unless and until such amendment is enacted or adopted and becomes effective, the conflicting provision of the collective bargaining agreement may not become effective. (4) If the agreement is not ratified by the public employer or is not approved by a majority of the public employees voting, in accordance with procedures adopted by the commission, the agreement must be returned to the chief executive officer and the bargaining agent for further negotiations. (5) A collective bargaining agreement may not provide for a term of existence of more than 3 years and must contain all of the terms and conditions of employment of the employees in the bargaining unit during such term except those terms and conditions provided for in applicable merit and civil service rules and regulations.