Title
Public Safety Employer - Employee Cooperation Act of 2009 (B)
Explanation
Congress is currently considering passage of legislation that will substantially impact the public safety employee collective bargaining process. The Public Safety Employer - Employee Cooperation Act of 2009 mandates that all municipalities, counties and states are required to collectively bargain with public safety employee labor unions over wages, benefits and working conditions, under one-size fits all federal government rules to be developed later. The legislation was recently added in the House of Representatives to the larger Supplemental Appropriations Bill that provides funding for ongoing operations in Iraq and Afghanistan, among other things. The Senate is expected to take up the bill in July. Generally, this specific provision would accomplish the following:
Grant every police officer, firefighter and emergency medical technician at the state or local level the right to form and join a labor union;
Direct local governments to recognize the employees' labor union;
Require cities and towns to collectively bargain over hours, wages, and the terms and conditions of employment other than pensions;
Require states and municipal governments to establish an impasse resolution process;
Require that state courts enforce the rights established by this mandatory collective bargaining bill; and
Direct every state - even if it currently recognizes employee collective bargaining rights - to conform to the federal regulations around mandatory collective bargaining within two years of the bill's effective date and without regard to state or local laws.
There are two main impacts to the City of Gainesville if this legislation is enacted. First the federal legislation may preempt Florida State Statute which currently governs the public safety employee collectively bargaining process. The second impact, as a result if the state law is preempted, is that the portion of the new federal regulation dealing with impasse resolution does not make it clear if the city will be able to continue to operate as it does under state law. At this time the City Commission is involved in the impasse resolution process. The new legislation does not clarify if this would still be an option or if another entity such as an arbitrator would be involved in lieu of the City Commission.
On July 15, 2010 the City Commission directed staff to draft a statement regarding the Public Safety Employer - Employee Cooperation Act of 2009 to be decided on by the City Commission at their July 20, 2010 meeting. Staff recommends the following statement be transmitted to the City's federal delegation as well as the sponsors of the legislation and Congressional leadership:
As you consider the Supplemental Appropriations Act, 2010, the City of Gainesville asks that you review the following statement regarding the Public Safety Employer - Employee Cooperation Act of 2009 which the House of Representatives amended to the Supplemental Appropriations Act.
The City of Gainesville generally supports the collective bargaining rights of employees, including those employed in public safety. Currently there are five organized labor unions that bargain with the City of Gainesville and the City has entered into seven labor agreements with these unions. It is the City's belief that the state law governing this process is fair and equitable for public employees, as well as the City and the citizens it serves. Chapter 447, Florida State Statutes, regulates the collective bargaining process with labor unions in the State of Florida. In the event the Public Safety Employer - Employee Cooperation Act of 2009 is passed, it would require an audit of Chapter 447 to determine if the State of Florida "substantially provides" for the collective bargaining "rights and responsibilities" contained in the new federal law. The City of Gainesville believes that Chapter 447 substantially provides for most of the "rights and responsibilities" outlined in the federal legislation; however, the City is concerned that Florida law may not provide an adequate "impasse resolution mechanism" under the new federal law. Currently, under Florida law, if the City and the union is unable to come to an agreement over the terms and conditions of employment, an impasse may be declared. As part of the impasse process, the parties may involve a mediator and special magistrate to resolve the dispute. Ultimately, however, the impasse is resolved by the legislative body, or, in the City's case, the City Commission. It is unclear whether the federal legislation would require an independent arbitrator or fact finder to resolve a dispute over the terms and conditions of employment, or whether the City Commission would retain this authority. Labor agreements are bargained with the expectation that the end result will fairly benefit the employees represented, the organization as a whole, and the citizens the City serves. An outside entity settling an impasse is troublesome because of their lack of knowledge of important issues such as budget constraints, labor issues, and citizen interests. The City of Gainesville encourages you to consider clarifying the impasse resolution method and include language that allows for the City's legislative body to have the final decision in the impasse resolution process.
Fiscal Note
None at this time.
Recommendation
The City Commission: 1) Approve the statement to the federal delegation and others as drafted; and 2) Direct staff to submit the City Commission's position to the City's federal delegation, sponsors of the legislation, and Congressional leadership.
Alternative Recommendation A
The City Commission: 1) Amend the proposed statement to the federal delegation and others; and 2) Direct staff to submit the City Commission's position to the City's federal delegation, sponsors of the legislation, and Congressional leadership.
Alternative Recommendation B
The City Commission not take a position on the Public Safety Employer - Employee Cooperation Act of 2009.