60CC-3.003. Maintenance of Special Master Roster

(1) The Commission shall maintain a roster of special magistrates selected by the Chairman. In selecting members for the roster, the Chairman may consider the applicant’s experience, education, skill in written expression, neutrality, and willingness to undertake continuing training as a special magistrate. The Chairman may also consider past or present memberships on a roster of arbitrators maintained by the Federal Mediation and Conciliation Service, the National Academy of Arbitrators, or the American Arbitration Association. Applicants seeking listing on the roster must complete and submit an application to the Chairman which satisfies the following requirements:

(a) All initial applicants for admission to the roster shall provide the Chairman with written recommendations from three representatives of employee organizations active in Florida, and three representatives of Florida public employers, attesting to the applicant’s experience, expertise, training and ability to serve in a neutral capacity. Recommendations from neutral agencies may be substituted for any of the required recommendations.

(b) All initial applicants shall provide the Chairman with copies of five cases, either interest arbitration or grievance arbitration cases, in which the applicant was a neutral participant as arbitrator, fact-finder, mediator or similar participant within the preceding five years. In lieu of copies of cases an applicant may submit other equivalent evidence of experience. For the purpose of determining qualification for listing on the roster, preference will be given in the following order:

1. Public sector interest arbitration;

2. Public sector grievance arbitration;

3. Private sector arbitration;

4. Service as a hearing officer, mediator, fact finder, member of a collegial body, administrative law judge, or other neutral party;

5. Academic service as an instructor or researcher in the field of labor relations;

6. Experience in the field of labor law or labor relations.

(c) No person who is an advocate as defined herein may be listed on the roster. An advocate is a person who derives a significant portion of his or her earned income by representing employers, labor organizations or individuals as an employee, attorney or consultant, in matters of labor relations, including but not limited to the subjects of union representation and recognition matters, collective bargaining, arbitration, unfair labor practices and other areas generally recognized as constituting labor relations. The definition of advocate also includes persons directly associated with an advocate in a business or professional relationship as, for example, partners or employees of a law firm.

(2) Initial listing on the roster shall be for a period of two years, with subsequent renewals of two years if evidence of continuing satisfaction of these criteria is provided to the Chairman. Additionally, initial applicants and renewal applicants must demonstrate annual participation in continuing education or training programs sponsored by the Commission, The Florida Bar, the American Arbitration Association, Federal Mediation and Conciliation Service, National Academy of Arbitrators, Society of Professionals in Dispute Resolution, Industrial Relations Research Association, or other similar programs relating to labor and employment relations as approved by the Chairman.

(3) An out-of-state special magistrate appointed from the roster may charge the parties for travel expenses and travel time incurred only within the State of Florida, but not for travel necessary to come to Florida.

(4) The active roster shall not list more than forty special magistrates approved by the Chairman.

Specific Authority 447.207(1), (5) FS. Law Implemented 447.207(5), 447.403(2) FS. History–New 5-6-79, Amended 7-14-83, Formerly 38D-19.04, 38D-19.004.