1 | A bill to be entitled |
2 | An act relating to collective bargaining; amending s. |
3 | 447.03, F.S.; authorizing employees who are members of a |
4 | labor organization to decertify the labor organization or |
5 | its certified bargaining agent; requiring labor |
6 | organizations to provide specified notice; amending s. |
7 | 447.07, F.S.; providing members of a labor organization |
8 | with access to the organization's accounting information; |
9 | requiring labor organizations to provide specified notice; |
10 | creating s. 447.18, F.S.; providing for enforcement; |
11 | providing for the award of damages, injunctive relief, and |
12 | civil penalties; providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 447.03, Florida Statutes, is amended to |
17 | read: |
18 | 447.03 Employees' right of self-organization.- |
19 | (1) Employees shall have the right to self-organization, |
20 | to form, join, or assist labor unions or labor organizations or |
21 | to refrain from such activity, to bargain collectively through |
22 | representatives of their own choosing, and to engage in |
23 | concerted activities, for the purpose of collective bargaining |
24 | or other mutual aid or protection. |
25 | (2) Employees who are members of a labor organization may |
26 | decertify the labor organization or its certified bargaining |
27 | agent certified by the Public Employees Relations Commission as |
28 | representing the employees in a bargaining unit, as provided in |
29 | s. 447.307, at any time. A labor organization shall annually |
30 | provide to its members a written notice explaining the rights of |
31 | a member under state and federal law to decertify, collectively |
32 | with other members, the labor organization or its certified |
33 | bargaining agent. The notice must include an explanation of the |
34 | requirements under state and federal law for filing a petition |
35 | to revoke certification, as well as a sample petition. |
36 | Section 2. Section 447.07, Florida Statutes, is amended to |
37 | read: |
38 | 447.07 Records and accounts required to be kept; access to |
39 | records.- |
40 | (1) A It shall be the duty of any and all labor |
41 | organization shall organizations in this state to keep accurate |
42 | books of accounts itemizing all receipts from each whatsoever |
43 | source and expenditures for each whatsoever purpose, stating |
44 | such sources and purposes. |
45 | (2) A Any member of a such labor organization may, shall |
46 | be entitled at any all reasonable time, times to inspect the |
47 | books, records, and accounts of the such labor organization. |
48 | (3) A member of a labor organization may receive an annual |
49 | written account of the records, receipts, expenditures, and |
50 | accounts specified under this section. A labor organization |
51 | shall annually provide to its members a written notice detailing |
52 | the expenditures and receipts of the labor organization for the |
53 | previous 12 months. The notice must include an accurate |
54 | explanation of the manner in which the dues of the members were |
55 | spent on items related, but not limited, to political |
56 | contributions and administrative salaries. |
57 | Section 3. Section 447.18, Florida Statutes, is created to |
58 | read: |
59 | 447.18 Enforcement.-Notwithstanding s. 447.14, the |
60 | Attorney General shall enforce the protections of ss. 447.03 and |
61 | 447.07 on behalf of any aggrieved member of a labor |
62 | organization. If there is reasonable cause to believe that the |
63 | aggrieved member's rights under ss. 447.03 and 447.07 have been |
64 | violated by a labor organization, the Attorney General shall |
65 | commence a civil or administrative action for damages, |
66 | injunctive relief, and civil penalties or may negotiate a |
67 | settlement with any labor organization on behalf of any member |
68 | of a labor organization aggrieved under this section. |
69 | Section 4. This act shall take effect July 1, 2011. |