Florida Senate - 2011                                    SB 1720
       
       
       
       By Senator Hays
       
       
       
       
       20-01023A-11                                          20111720__
    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
    4         a labor organization to decertify the labor
    5         organization or its certified bargaining agent;
    6         requiring labor organizations to provide specified
    7         notice; amending s. 447.07, F.S.; providing members of
    8         a labor organization with access to the organization’s
    9         accounting information; requiring labor organizations
   10         to provide specified notice; creating s. 447.18, F.S.;
   11         providing for enforcement; providing for the award of
   12         damages, injunctive relief, and civil penalties;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 447.03, Florida Statutes, is amended to
   18  read:
   19         447.03 Employees’ right of self-organization.—
   20         (1) Employees shall have the right to self-organization, to
   21  form, join, or assist labor unions or labor organizations or to
   22  refrain from such activity, to bargain collectively through
   23  representatives of their own choosing, and to engage in
   24  concerted activities, for the purpose of collective bargaining
   25  or other mutual aid or protection.
   26         (2) Employees who are members of a labor organization may
   27  decertify the labor organization or its certified bargaining
   28  agent certified by the Public Employees Relations Commission as
   29  representing the employees in a bargaining unit, as provided in
   30  s. 447.307, at any time. A labor organization shall annually
   31  provide to its members a written notice explaining the rights of
   32  a member under state and federal law to decertify, collectively
   33  with other members, the labor organization or its certified
   34  bargaining agent. The notice must include an explanation of the
   35  requirements under state and federal law for filing a petition
   36  to revoke certification, as well as a sample petition.
   37         Section 2. Section 447.07, Florida Statutes, is amended to
   38  read:
   39         447.07 Records and accounts required to be kept; access to
   40  records.—
   41         (1) A It shall be the duty of any and all labor
   42  organization shall organizations in this state to keep accurate
   43  books of accounts itemizing all receipts from each whatsoever
   44  source and expenditures for each whatsoever purpose, stating
   45  such sources and purposes.
   46         (2) A Any member of a such labor organization may, shall be
   47  entitled at any all reasonable time, times to inspect the books,
   48  records, and accounts of the such labor organization.
   49         (3) A member of a labor organization may receive an annual
   50  written account of the records, receipts, expenditures, and
   51  accounts specified under this section. A labor organization
   52  shall annually provide to its members a written notice detailing
   53  the expenditures and receipts of the labor organization for the
   54  previous 12 months. The notice must include an accurate
   55  explanation of the manner in which the dues of the members were
   56  spent on items related, but not limited, to political
   57  contributions and administrative salaries.
   58         Section 3. Section 447.18, Florida Statutes, is created to
   59  read:
   60         447.18 Enforcement.—Notwithstanding s. 447.14, the Attorney
   61  General shall enforce the protections of ss. 447.03 and 447.07
   62  on behalf of any aggrieved member of a labor organization. If
   63  there is reasonable cause to believe that the aggrieved member’s
   64  rights under ss. 447.03 and 447.07 have been violated by a labor
   65  organization, the Attorney General shall commence a civil or
   66  administrative action for damages, injunctive relief, and civil
   67  penalties or may negotiate a settlement with any labor
   68  organization on behalf of any member of a labor organization
   69  aggrieved under this section.
   70         Section 4. This act shall take effect July 1, 2011.