Senate Bill sb2706

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    Florida Senate - 2006                                  SB 2706

    By Senator Haridopolos





    26-1346-06

  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 that which has been

23  certified as a bargaining agent, other than a certified

24  bargaining agent for instructional personnel as defined in s.

25  1012.01, has shall have the right to have its dues and uniform

26  assessments deducted and collected by the employer from the

27  salaries of those employees who authorize the deduction of

28  such said dues and uniform assessments. However, such

29  authorization is revocable at the employee's request upon 30

30  days' written notice to the employer and employee

31  organization. Such Said deductions shall commence upon the

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    Florida Senate - 2006                                  SB 2706
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 1  bargaining agent's written request to the employer. Reasonable

 2  costs to the employer of such said deductions shall be a

 3  proper subject of collective bargaining.  Such right to

 4  deduction, unless revoked pursuant to s. 447.507, shall be in

 5  force for so long as the employee organization remains the

 6  certified bargaining agent for the employees in the unit.  The

 7  public employer is expressly prohibited from any involvement

 8  in the collection of fines, penalties, or 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 require

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

14  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 process

29  does not require the identification of how the money deducted

30  will be used. Other voluntary payroll deductions are clear on

31  their face as to the amount and purpose of the deductions. In

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    Florida Senate - 2006                                  SB 2706
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 1  addition, other payroll deductions are not encumbered with the

 2  legal complexities surrounding collective bargaining rights

 3  and this state's policy of neutrality regarding membership in

 4  a certified employee organization. Moreover, the First

 5  Amendment to the United States Constitution guarantees a

 6  person freedom of association, and included in that right a

 7  person may not be compelled to financially support a social

 8  cause or a political candidate or cause. To the extent members

 9  of a certified employee organization are uninformed regarding

10  the use of their payroll deducted dues and assessments,

11  unaware of their rights to be refunded any portion of such

12  dues or assessments used for political or social purposes to

13  which they do not agree, or are prevented or inhibited from

14  exercising their associational rights, directly or indirectly,

15  for whatever reason and from whatever source, then the state's

16  participation in their payroll deduction impinges on those

17  employees' First Amendment rights.

18         1.  The Legislature finds that instructional personnel

19  represent the largest collective bargaining unit in this

20  state. Furthermore, the Legislature recognizes and finds that

21  teacher shortages in this state have reached critical

22  proportions and anticipates that Florida will need in excess

23  of 100,000 teachers over the next 10 years to meet the

24  challenges of this state's growing student population.

25  Attracting new teachers as well as retaining existing teachers

26  is a priority for this Legislature. Furthermore, the

27  Legislature finds that this state has a substantial and

28  compelling interest in protecting the First Amendment rights

29  of instructional personnel and that the state's ability to

30  recruit and retain instructional personnel should be enhanced

31  by empowering instructional personnel to pursue their First

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    Florida Senate - 2006                                  SB 2706
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 1  Amendment rights and to make informed decisions regarding

 2  their political and social participation within the context of

 3  exercising their collective bargaining rights. The Legislature

 4  also finds that, as a result of the recent merger and industry

 5  consolidation of the collective bargaining agents that

 6  represented instructional personnel as defined in s. 1012.01,

 7  a virtual monopoly in such services has been created in this

 8  state, depriving instructional personnel of the benefits of

 9  competition. Accordingly, this state must redouble its efforts

10  to remain neutral and thereby not empower or detract from that

11  collective bargaining agent's representational role, or from

12  the employees' ability to be represented in the collective

13  bargaining process by whomever they so choose.

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

15  finds that the current status of instructional personnel

16  constitutes a set of circumstances distinct and unique from

17  any other area of public employment within this state.

18  Therefore, the Legislature finds that, with regard to

19  instructional personnel, the deduction and collection of the

20  certified bargaining agent's dues and uniform assessments

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

22  permissive subject of collective bargaining, as otherwise

23  restricted by this section. The Legislature further finds that

24  the restrictions imposed by this section do not interfere with

25  the ability of instructional personnel to be a member of a

26  certified labor organization or to contribute directly to that

27  organization in support of its noncollective bargaining

28  activities.

29         (b)  With regard to a certified bargaining agent that

30  represents instructional personnel as defined in s. 1012.01,

31  any deduction and collection by an employer of that certified

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    Florida Senate - 2006                                  SB 2706
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 1  bargaining agent's dues and uniform assessments from an

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

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

 4  and uniform assessments are collectively bargained, the

 5  collectively bargained agreement shall provide that payroll

 6  deduction for dues or uniform assessments shall not exceed an

 7  amount actually used for activities of the certified

 8  bargaining agent necessary to perform the agent's duties

 9  regarding the resolution of labor-management issues that

10  consist of collective bargaining, contract administration, and

11  grievance adjustment. Such amount shall not include any

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

13  to: electoral activities; independent expenditures or

14  contributions to any candidate, political party, political

15  committee, or committee of continuous existence; voter

16  registration campaigns; or any other political or legislative

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

18  Additionally, the collectively bargained agreement must

19  require the written authorization of the employee,

20  commencement of the deductions upon the bargaining agent's

21  written request to the employer, collection of reasonable

22  costs that must include all of the costs incurred by the

23  employer for making such deduction, revocation provisions,

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

25  against the public employer from collecting fines, penalties,

26  special assessments, or for any purpose other than

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

28         (c)  The collectively bargained agreement shall also

29  provide for a reasonable accounting of payroll deductions

30  through either:

31  

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    Florida Senate - 2006                                  SB 2706
    26-1346-06




 1         1.  The perpetual segregation of all funds received

 2  through payroll deductions from any funds used for purposes

 3  not authorized in paragraph (b); or

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

 5  through payroll deductions.

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

 7  enforcement of this subsection in a court of competent

 8  jurisdiction. In addition to injunctive relief prohibiting

 9  violations of a bargaining agreement and this subsection,

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

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

12  any funds received through payroll deduction which were used

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

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

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

16  fully refunded. A refund under this paragraph shall supplement

17  and not preclude a money judgment against the bargaining unit

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

19  from their pay which were used in violation of this

20  subsection.

21         Section 2.  This act shall take effect July 1, 2006.

22  

23            *****************************************

24                          SENATE SUMMARY

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

29  

30  

31  

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