PERC Impasse Frequently Asked Questions

Below are some of the Impasse Division's Frequently Asked Questions:

Q: How do you declare an impasse?
A: In Florida, public sector employers and unions can declare an impasse in negotiations after a reasonable period of negotiations has transpired. The parties do not need to be hopelessly deadlocked.

Q: What happens when an impasse is declared?
A: The coordinator will provide a panel of Special Magistrates for the parties to jointly select from or select by striking names. If a Notice of Negotiations (PERC Form 14) has been filed, the Coordinator will also provide contact information for the Federal Mediation and Conciliation Services, which provides well qualified mediators free of charge. Alternative, the parties may jointly decide to bypass the Special Magistrate process and pursue resolution directly by the Legislative Body.

Q: What obligations are the parties under if the Special Magistrate process is waived?
A: The insulated period begins when the parties sign the document waiving the Special Magistrate process. This means that the employer’s negotiators may no longer converse with members of the Legislative Body. This is because the Legislative Body commences to serve in a quasi judicial fashion to resolve the impasse in a public meeting.

Q: What happens if the Special Magistrate process is pursued?
A: The Special Magistrate will conduct a hearing taking evidence on the impasse issues as described in Sections 447.403, .405, .407, and .409, Florida Statutes. This process is more completely detailed in Florida Administrative Code Chapter 60CC-3, Negotiations and Impasse Resolution.

Q: What happens after the hearing?
A: The Special Magistrate issues a recommended decision. If neither party rejects in writing to any recommendation, then the recommendations become binding. If a rejection is made, then the disputed issue proceeds to a public quasi-judicial hearing before the Legislative Body, which takes into consideration the positions of the parties and the interest of the public. The insulated period commences when a rejection is made. The determination of the Legislative Body is set down in a document along with the tentatively agreed upon items and submitted to ratification by each party. If both votes are favorable, that document effectively serves as an agreement. If one or both sides reject it, the decision of the Legislative Body resolves the issues before it until the end of the first full fiscal year of negotiations. The tentatively agreed upon items fall by the wayside.

Q: What happens if the negotiations take longer than the first full year of negotiations?
A: The determination of the Legislative Body establishes the status quo that is binding on the employees.