Florida Senate - 2021 CS for SB 1014 By the Committee on Governmental Oversight and Accountability; and Senator Baxley 585-02994-21 20211014c1 1 A bill to be entitled 2 An act relating to employee organizations; amending s. 3 1012.2315, F.S.; revising the information that 4 employee organizations that have been certified as the 5 bargaining agent for a unit of instructional personnel 6 must report in applications for renewal of 7 registration; requiring certain employee organizations 8 to petition the Public Employees Relations Commission 9 for recertification; authorizing the commission to 10 conduct an investigation to confirm the validity of 11 certain information; authorizing the commission to 12 require an employee organization to submit certain 13 information as part of such investigation; providing 14 for the revocation of an employee organization’s 15 certification if it fails to meet certain 16 requirements; requiring the commission to adopt rules; 17 prohibiting an employee organization from having its 18 dues and uniform assessments deducted and collected by 19 a district school board; requiring certain 20 instructional personnel to sign and submit a specified 21 form to the employee organization by a certain date 22 and annually thereafter before the employee 23 organization may collect dues or uniform assessments 24 for the upcoming school year; creating s. 1012.8552, 25 F.S.; requiring an employee organization certified as 26 the bargaining agent for a unit of Florida College 27 System institution instructional personnel to include 28 specified information and documentation in an 29 application for registration renewal; providing that 30 certain applications are incomplete; providing 31 procedures for incomplete applications; requiring 32 certain employee organizations to petition the 33 commission for recertification; authorizing a Florida 34 College System institution to challenge an employee 35 organization’s application; requiring the commission 36 to review a challenged application and revoke an 37 employee organization’s registration and certification 38 in certain circumstances; creating s. 1012.916, F.S.; 39 requiring an employee organization certified as the 40 bargaining agent for a unit of State University System 41 institution instructional personnel to include 42 specified information and documentation in an 43 application for registration renewal; providing that 44 certain applications are incomplete; providing 45 procedures for incomplete applications; requiring 46 certain employee organizations to petition the 47 commission for recertification; authorizing a State 48 University System institution to challenge an employee 49 organization’s application; requiring the commission 50 to review a challenged application and revoke an 51 employee organization’s registration and certification 52 in certain circumstances; providing an effective date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1. Paragraph (c) of subsection (4) of section 57 1012.2315, Florida Statutes, is amended, and paragraphs (d) and 58 (e) are added to that subsection, to read: 59 1012.2315 Assignment of teachers.— 60 (4) COLLECTIVE BARGAINING.— 61 (c)1. In addition to the provisions under s. 447.305(2), an 62 employee organization that has been certified as the bargaining 63 agent for a unit of instructional personnel as defined in s. 64 1012.01(2) must include for each such certified bargaining unit 65 the following information in its application for renewal of 66 registration: 67 a. The number of employees in the bargaining unit who are 68 eligible for representation by the employee organization as of 69 December 31 of that renewal period. 70 b. The number of employees who are represented by the 71 employee organization as of December 31 of that renewal period, 72 specifying the number of members who pay dues and the number of 73 members who do not pay dues. 74 2. Notwithstanding the provisions of chapter 447 relating 75 to collective bargaining, an employee organization whose dues 76 payingdues payingmembership as of December 31 of that renewal 77 period is less than 50 percent of the employees eligible for 78 representation in the unit, as identified in subparagraph 1., 79 must petition the Public Employees Relations Commission pursuant 80 to s. 447.307(2) and (3) for recertification as the exclusive 81 representative of all employees in the unit within 1 month after 82 the date on which the organization applies for renewal of 83 registration pursuant to s. 447.305(2). The certification of an 84 employee organization that does not comply with this paragraph 85 is revoked. 86 3. The commission may conduct an investigation to confirm 87 the validity of any information submitted pursuant to this 88 paragraph. 89 a. If the commission has reason to believe a registered 90 employee organization has reported inaccurate figures pursuant 91 to this paragraph, it can require the employee organization to 92 submit its membership roll in order to verify the accuracy of 93 the reported figures. If the employee organization fails to 94 submit its membership roll within 30 days of receiving a written 95 request from the commission, the employee organization’s 96 certification will be revoked. 97 b. If a registered employee organization does not submit or 98 intentionally misstates the information required in this 99 paragraph for a certified bargaining unit it represents, the 100 employee organization’s certification for that unit will be 101 revoked. 102 4. The commission shall adopt rules to carry out this 103 paragraph. 104 (d) Notwithstanding the provisions of s. 447.303 relating 105 to dues deduction and collection, an employee organization that 106 has been certified as the bargaining agent for instructional 107 personnel may not have its dues and uniform assessments deducted 108 and collected by a district school board from the salaries of 109 instructional personnel. Instructional personnel who are 110 represented by an employee organization must pay their dues and 111 uniform assessments directly to the employee organization that 112 has been certified as their bargaining agent. 113 (e) Beginning August 1, 2021, and each August 1 thereafter, 114 before the employee organization can collect dues or uniform 115 assessments from any instructional personnel for the upcoming 116 school year, the employee must sign and submit a form to the 117 employee organization acknowledging Florida is a right-to-work 118 state. The form must contain the following acknowledgement in 119 bold letters and in at least 14-point type: 120 121 I acknowledge and understand that Florida is a right-to-work 122 state and that union membership is not required as a condition 123 of employment. I understand that union membership and payment of 124 union dues and uniform assessments is voluntary and that I may 125 not be discriminated against in any manner if I refuse to join 126 or financially support a union. 127 Section 2. Section 1012.8552, Florida Statutes, is created 128 to read: 129 1012.8552 Collective bargaining.— 130 (1) In addition to s. 447.305(2), an employee organization 131 that has been certified as the bargaining agent for a unit of 132 instructional personnel employed by a Florida College System 133 institution must include for each such certified bargaining unit 134 the following information and documentation in its application 135 for renewal of registration: 136 (a) The number of employees in the bargaining unit who are 137 eligible for representation by the employee organization on the 138 date the application is filed. 139 (b) The number of employees who are represented by the 140 employee organization, specifying the number of members who pay 141 dues and the number of members who do not pay dues. 142 (c) Documentation provided by the institution verifying the 143 information provided in paragraphs (a) and (b). 144 (d) Documentation provided by the institution verifying 145 that it was provided a copy of the employee organization’s 146 application for renewal of registration. 147 (2) An application for renewal of registration is 148 incomplete and is not eligible for consideration by the Public 149 Employees Relations Commission if it does not include all of the 150 information and documentation required in subsection (1). The 151 commission shall notify the employee organization if the 152 application is incomplete. Any incomplete application must be 153 dismissed if the required information and documentation are not 154 provided within 10 days after the employee organization receives 155 such notice. 156 (3) Notwithstanding the provisions of chapter 447 relating 157 to collective bargaining, an employee organization whose dues 158 paying membership is less than 50 percent of the employees 159 eligible for representation in the bargaining unit must petition 160 the commission pursuant to s. 447.307(2) and (3) for 161 recertification as the exclusive representative of all employees 162 in the bargaining unit within 1 month after the date on which 163 the employee organization applies for renewal of registration 164 pursuant to s. 447.305(2). The certification of an employee 165 organization that does not comply with this section is revoked. 166 (4) A Florida College System institution may challenge an 167 employee organization’s application for renewal of registration 168 if the institution believes that the application is inaccurate. 169 The commission or one of its designated agents shall review the 170 application to determine its accuracy and compliance with this 171 section. If the commission finds that the application is 172 inaccurate or does not comply with this section, the commission 173 shall revoke the registration and certification of the employee 174 organization. 175 Section 3. Section 1012.916, Florida Statutes, is created 176 to read: 177 1012.916 Collective bargaining.— 178 (1) In addition to s. 447.305(2), an employee organization 179 that has been certified as the bargaining agent for a unit of 180 instructional personnel employed by a State University System 181 institution must include for each such certified bargaining unit 182 the following information and documentation in its application 183 for renewal of registration: 184 (a) The number of employees in the bargaining unit who are 185 eligible for representation by the employee organization on the 186 date the application is filed. 187 (b) The number of employees who are represented by the 188 employee organization, specifying the number of members who pay 189 dues and the number of members who do not pay dues. 190 (c) Documentation provided by the institution verifying the 191 information provided in paragraphs (a) and (b). 192 (d) Documentation provided by the institution verifying 193 that it was provided a copy of the employee organization’s 194 application for renewal of registration. 195 (2) An application for renewal of registration is 196 incomplete and is not eligible for consideration by the Public 197 Employees Relations Commission if it does not include all of the 198 information and documentation required in subsection (1). The 199 commission shall notify the employee organization if the 200 application is incomplete. Any incomplete application must be 201 dismissed if the required information and documentation are not 202 provided within 10 days after the employee organization receives 203 such notice. 204 (3) Notwithstanding the provisions of chapter 447 relating 205 to collective bargaining, an employee organization whose dues 206 paying membership is less than 50 percent of the employees 207 eligible for representation in the bargaining unit must petition 208 the commission pursuant to s. 447.307(2) and (3) for 209 recertification as the exclusive representative of all employees 210 in the bargaining unit within 1 month after the date on which 211 the employee organization applies for renewal of registration 212 pursuant to s. 447.305(2). The certification of an employee 213 organization that does not comply with this section is revoked. 214 (4) A State University System institution may challenge an 215 employee organization’s application for renewal of registration 216 if the institution believes that the application is inaccurate. 217 The commission or one of its designated agents shall review the 218 application to determine its accuracy and compliance with this 219 section. If the commission finds that the application is 220 inaccurate or does not comply with this section, the commission 221 shall revoke the registration and certification of the employee 222 organization. 223 Section 4. This act shall take effect July 1, 2021.