What Is Impasse?
An impasse happens when the school district and the union cannot reach agreement on contract terms after negotiating in good faith. Either side may formally declare impasse under Florida Statute 447.403.
What Happens After Impasse Is Declared?
1. Mediation (Optional)
- A neutral mediator may be hired to facilitate negotiations.
- The parties split the cost of mediation.
- Both sides attempt to reach a voluntary agreement.
- Mediation only happens when BOTH parties agree to it.
- If mediation results in agreement, it moves to ratification.
2. Special Magistrate Review (Automatic Step Unless BOTH Parties Agree to Skip)
- A list of special magistrates is offered by the Public Employees Relations Commission.
- The parties narrow the list by taking turns striking names until a magistrate is selected.
- The timeline for a hearing can be prolonged based on the availability of the magistrate.
- The parties split the cost of the special magistrate.
- Each side presents evidence and arguments in a public hearing.
- The magistrate issues a non‑binding recommendation within 15 days.
- If the parties agree with the recommendation, it moves to ratification.
- If the parties reject the recommendation of the special magistrate, an insulated period begins, prohibiting both parties from lobbying the school board on issues at impasse. The union cannot direct employees to lobby the school board members during the insulated period.
3. School Board Hearing (Required Unless the Parties Reach Agreement First)
- If agreement is not reached, or if the parties agree to waive the special magistrate, the school board serves as the legislative body and holds a public hearing.
- The timeline for the school board hearing is determined by the School Board.
- Both sides present their positions according to the parameters set by the school board.
- The board may accept, modify, or reject the magistrate’s recommendations.
- The terms decided by the school board, along with any other previously reached tentative agreements, move to ratification.
4. Final Action
- Following the School Board Hearing, if the unit votes down the school board’s terms, the school board may unilaterally impose contract terms for the items disputed in impasse
- Any agreements reached prior to the impasse and not previously ratified cannot be imposed (they go away)
- Imposed economic agreements can only be retroactive to the date of the legislative hearing
What Stays the Same During Impasse?
- The parties may continue to negotiate throughout the impasse process right up to the start of the School Board Hearing; if settlement is reached, all agreements move to ratification.
- Teachers continue working under the existing contract.
- Florida law prohibits strikes, so work continues as normal.
- As always, teachers are NOT to engage students in conversations regarding labor-management disputes.
- The contract remains enforceable and the union remains the exclusive bargaining agent.
How Long Does the Impasse Process Take?
- Most impasses take 6-12 weeks, depending upon which steps of the process the parties agree to take.
- The impasse timeline can be delayed by scheduling difficulties or complexity of the disputed issues.
- Attend any scheduled bargaining sessions.
- Attend school board meetings, especially the impasse hearing.
- Read union updates and summaries of proposals.
- Ask building reps for clarification on specific issues.
- Take action as called for by the union.
- Share accurate information with colleagues and friends.
How Can Teachers Stay Informed and Involved?
- Attend any scheduled bargaining sessions.
- Attend school board meetings, especially the impasse hearing.
- Read union updates and summaries of proposals.
- Ask building reps for clarification on specific issues.
- Take action as called for by the union.
- Share accurate information with colleagues and friends.