Senate Bill sb1652

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    Florida Senate - 2003                                  SB 1652

    By Senator Fasano





    11-994-03

  1                      A bill to be entitled

  2         An act relating to the deduction and collection

  3         of a bargaining agent's dues and uniform

  4         assessments; amending s. 447.303, F.S.;

  5         eliminating a right of certain bargaining

  6         agents to have certain dues and assessments

  7         deducted and collected by an employer from

  8         certain employees; providing legislative

  9         findings and intent; providing that the

10         deduction and collection of certain dues and

11         assessments is a proper subject of collective

12         bargaining; providing requirements and

13         limitations; providing for accounting of funds;

14         providing for enforcement; providing an

15         effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Section 447.303, Florida Statutes, is

20  amended to read:

21         447.303  Dues; deduction and collection.--

22         (1)  Any employee organization which has been certified

23  as a bargaining agent, other than a certified bargaining agent

24  for instructional personnel as defined in s. 1012.01, shall

25  have the right to have its dues and uniform assessments

26  deducted and collected by the employer from the salaries of

27  those employees who authorize the deduction of said dues and

28  uniform assessments.  However, such authorization is revocable

29  at the employee's request upon 30 days' written notice to the

30  employer and employee organization.  Said deductions shall

31  commence upon the bargaining agent's written request to the

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    Florida Senate - 2003                                  SB 1652
    11-994-03




  1  employer.  Reasonable costs to the employer of said deductions

  2  shall be a proper subject of collective bargaining.  Such

  3  right to deduction, unless revoked pursuant to s. 447.507,

  4  shall be in force for so long as the employee organization

  5  remains the certified bargaining agent for the employees in

  6  the unit.  The public employer is expressly prohibited from

  7  any involvement in the collection of fines, penalties, or

  8  special assessments.

  9         (2)(a)  The Legislature acknowledges that Florida is a

10  right to work state as guaranteed by s. 6, Art. I of the State

11  Constitution, which provides employees the right to bargain

12  collectively.  However, the State Constitution does not

13  require an employer to deduct and collect a bargaining agent's

14  dues and uniform assessments from an employee's salary.

15  Furthermore, the Legislature, in implementing s. 6, Art. I of

16  the State Constitution, has declared that it is the public

17  policy of this state to neither encourage nor discourage

18  participation in a certified employee organization.  The

19  current statutory right of a collective bargaining agent to

20  have its dues and uniform assessments deducted from an

21  employee's salary is inconsistent with this policy because it

22  assumes a non-neutral position regarding membership in a

23  certified employee organization. By statutorily requiring an

24  employer to deduct a collective bargaining agent's dues and

25  assessments, the state facilitates the financial support of

26  that organization not only for its collective bargaining

27  functions but for whatever political or social causes that

28  organization chooses to support.  The payroll deduction

29  process does not require the identification of how the money

30  deducted will be used.  Other voluntary payroll deductions are

31  clear on their face as to the amount and purpose of the

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    Florida Senate - 2003                                  SB 1652
    11-994-03




  1  deductions. In addition, other payroll deductions are not

  2  encumbered with the legal complexities surrounding collective

  3  bargaining rights and this state's policy of neutrality

  4  regarding membership in a certified employee organization.

  5  Moreover, the First Amendment to the United States

  6  Constitution guarantees a person freedom of association, and

  7  included in that right a person may not be compelled to

  8  financially support a social cause or a political candidate or

  9  cause.  To the extent members of a certified employee

10  organization are uninformed regarding the use of their payroll

11  deducted dues and assessments, unaware of their rights to be

12  refunded any portion of such dues or assessments used for

13  political or social purposes to which they do not agree, or

14  are prevented or inhibited from exercising their associational

15  rights, directly or indirectly, for whatever reason and from

16  whatever source, then the state's participation in their

17  payroll deduction impinges on those employees' First Amendment

18  rights.

19         1.  The Legislature finds that instructional personnel

20  represent the largest collective bargaining unit in this

21  state.  Furthermore, the Legislature recognizes and finds that

22  teacher shortages in this state have reached critical

23  proportions and anticipates that Florida will need an

24  additional 162,000 teachers over the next 10 years to meet the

25  challenges of this state's growing student population.

26  Attracting new teachers as well as retaining existing teachers

27  is a priority for this Legislature. Furthermore, the

28  Legislature finds that this state has a substantial and

29  compelling interest in protecting the First Amendment rights

30  of instructional personnel, and that the state's ability to

31  recruit and retain instructional personnel should be enhanced

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    Florida Senate - 2003                                  SB 1652
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  1  by empowering instructional personnel to pursue their First

  2  Amendment rights and to make informed decisions regarding

  3  their political and social participation within the context of

  4  exercising their collective bargaining rights.  The

  5  Legislature also finds that, as a result of the recent merger

  6  and industry consolidation of the collective bargaining agents

  7  that represented instructional personnel as defined in s.

  8  1012.01, a virtual monopoly in such services has been created

  9  in this state, depriving instructional personnel of the

10  benefits of competition. Accordingly, this state must redouble

11  its efforts to remain neutral and thereby not empower or

12  detract from that collective bargaining agent's

13  representational role, or from the employees' ability to be

14  represented in the collective bargaining process by whomever

15  they so choose.

16         2.  Because of these facts and trends, the Legislature

17  finds that the current status of instructional personnel

18  constitutes a set of circumstances distinct and unique from

19  any other area of public employment within this state.

20  Therefore, the Legislature finds that with regard to

21  instructional personnel, the deduction and collection of the

22  certified bargaining agent's dues and uniform assessments

23  should not be mandated by the Legislature but should be a

24  permissive subject of collective bargaining, as otherwise

25  restricted by this section.  The Legislature further finds

26  that the restrictions imposed by this section do not interfere

27  with the ability of instructional personnel to be a member of

28  a certified labor organization or to contribute directly to

29  that organization in support of its noncollective bargaining

30  activities.

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    Florida Senate - 2003                                  SB 1652
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  1         (b)  With regard to a certified bargaining agent that

  2  represents instructional personnel as defined in s. 1012.01,

  3  any deduction and collection by an employer of that certified

  4  bargaining agent's dues and uniform assessments from an

  5  employee's salary may be a proper subject of collective

  6  bargaining. If the deduction and collection of an agent's dues

  7  and uniform assessments are collectively bargained, the

  8  collectively bargained agreement shall provide that payroll

  9  deduction for dues or uniform assessments shall not exceed an

10  amount actually used for activities of the certified

11  bargaining agent necessary to perform the agent's duties

12  regarding the resolution of labor-management issues which

13  consist of collective bargaining, contract administration, and

14  grievance adjustment. Such amount shall not include any

15  amounts used for any other purpose, including, but not limited

16  to: electoral activities; independent expenditures or

17  contributions to any candidate, political party, political

18  committee, or committee of continuous existence; voter

19  registration campaigns; or any other political or legislative

20  cause, including, but not limited to, ballot initiatives.

21  Additionally, the collectively bargained agreement must

22  require the written authorization of the employee,

23  commencement of the deductions upon the bargaining agent's

24  written request to the employer, collection of reasonable

25  costs which must include all of the costs incurred by the

26  employer for making such deduction, revocation provisions,

27  including revocation pursuant to s. 447.507, and a prohibition

28  against the public employer from collecting fines, penalties,

29  special assessments, or for any purpose other than

30  labor-management issues, as provided for in this subsection.

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    Florida Senate - 2003                                  SB 1652
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  1         (c)  The collectively bargained agreement shall also

  2  provide for a reasonable accounting of payroll deductions

  3  through either:

  4         1.  The perpetual segregation of all funds received

  5  through payroll deductions from any funds used for purposes

  6  not authorized in paragraph (b); or

  7         2.  An independent audit of the use of funds received

  8  through payroll deductions.

  9         (d)  Any taxpayer or other aggrieved party may seek

10  enforcement of this subsection in a court of competent

11  jurisdiction. In addition to injunctive relief prohibiting

12  violations of a bargaining agreement and this subsection,

13  relief shall include an order for a pro rata refund to

14  bargaining unit members in an amount equal to the amount of

15  any funds received through payroll deduction which were used

16  in violation of this subsection. Such refund shall be enforced

17  by an order reducing payroll deductions up to 50 percent below

18  the agreed amount each pay period until the amount has been

19  fully refunded. A refund under this paragraph shall supplement

20  and not preclude a money judgment against the bargaining unit

21  in favor of one or more individuals who had funds deducted

22  from their pay which were used in violation of this

23  subsection.

24         Section 2.  This act shall take effect July 1, 2003.

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26            *****************************************

27                          SENATE SUMMARY

28    Provides that, based upon legislative findings, the duty
      of an employer to deduct and withhold bargaining agent
29    dues and assessments for the bargaining agent of an
      employee organization composed of instructional personnel
30    should be determined through collective bargaining and
      not be imposed by legislative directive.
31

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