60CC-4.002. Ratification by Members of Bargaining Unit

(1) The certified bargaining agent shall promptly present the proposed agreement to the members of the bargaining unit for consideration and ratification. The certified bargaining agent shall give notice of any ratification meeting to all members of the bargaining unit. Notice procedures need not and will not be approved by the Commission in advance. The notice shall be communicated sufficiently in advance of the ratification vote to permit the members of the bargaining unit a reasonable opportunity to consider the matters to be voted upon prior to the actual vote. The notice shall be communicated to the members of the bargaining unit by any means which may reasonably be expected to come to the attention of the members of the bargaining unit, including but not limited to the following:

(a) Posting in conspicuous places where notices to members of the bargaining unit are customarily posted, or

(b) Personal delivery to the members of the bargaining unit, or

(c) Mailing to the members of the bargaining unit, or

(d) Advertisement in an employee newsletter distributed to the members of the bargaining unit or in a newspaper of general circulation in the community where the members of the bargaining unit are employed.

(2) The notice shall contain the following information:

(a) The date, time, and place of the meeting;

(b) That the meeting is open to all members of the bargaining unit regardless of membership in the employee organization;

(c) That all members of the bargaining unit are eligible to vote; and

(d) That a copy of the proposed collective bargaining agreement is available for inspection at a specified location.

(3) The vote taken at a ratification meeting shall be by secret ballot of all members of the bargaining unit attending the meeting. The vote shall be publicly counted and the results announced at the conclusion of voting and counting.

(4) Where it is necessary to conduct more than one ratification meeting, each such meeting shall be conducted pursuant to the foregoing requirements, provided that the combined results of voting conducted at the several meetings shall be announced within three (3) days after the final ratification meeting.

(5) In lieu of ratification meeting(s), the certified bargaining agent may use mail ballots for the ratification vote; provided, however, that the tally of ballots shall be conducted at a meeting, and the results of the vote shall be announced at the conclusion of the tally. The certified bargaining agent shall give notice of such ratification vote and meeting prior to the distribution of mail ballots. The notice shall contain the following information:

(a) The date upon which mail ballots will be distributed, and the last date for returning the ballots;

(b) The information required in paragraphs (2)(c) and (d) above;

(c) The date, time, and place of the meeting for the tally of ballots; and

(d) That the meeting for the tally of ballots is open to all members of the bargaining unit regardless of membership in the employee organization.

(6) The majority of all those voting shall prevail.

(7) The certified bargaining agent shall, within five (5) days after the final count of votes, notify the public employer of the results of the ratification vote.

(8) The certified bargaining agent shall maintain a written record of the results of the vote.

Specific Authority 447.207(1), 447.309(4) FS. Law Implemented 447.309(1), (4) FS. History–New 5-6-79, Amended 1-17-80, 12-21-81, 1-25-82, Formerly 38D-20.02, 38D-20.002.