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  paying dues paying membership 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         1012.8552Collective 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         1012.916Collective 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.