Florida Senate - 2022                                    SB 1458
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00956B-22                                          20221458__
    1                        A bill to be entitled                      
    2         An act relating to employee organizations; amending s.
    3         447.301, F.S.; requiring employee organizations to
    4         provide a notice of employees’ rights form to
    5         specified employees; requiring that such form include
    6         a specified statement; requiring an employee
    7         organization to revoke an employee’s membership upon
    8         receipt of the employee’s written request for
    9         revocation; prohibiting an employee organization from
   10         requiring an employee to state a reason for the
   11         revocation; providing nonapplicability with respect to
   12         certain employee organizations; amending s. 447.303,
   13         F.S.; prohibiting certain employee organizations from
   14         having dues and uniform assessments deducted by the
   15         employer from certain employees’ salaries; providing
   16         an exception; authorizing public employees to pay
   17         their dues and uniform assessments directly to the
   18         employee organization; amending s. 447.305, F.S.;
   19         revising requirements for applications for renewal of
   20         registration of an employee organization; specifying
   21         that an incomplete application is not eligible for
   22         consideration by the Public Employees Relations
   23         Commission; providing requirements and procedures for
   24         incomplete applications; requiring certain employee
   25         organizations to petition the commission for
   26         recertification as a bargaining agent; authorizing a
   27         public employer or a bargaining unit employee to
   28         challenge an employee organization’s application for
   29         renewal of registration; requiring the commission or
   30         its designated agent to review the application;
   31         requiring the commission to revoke the registration
   32         and certification under certain circumstances;
   33         providing nonapplicability with respect to certain
   34         employee organizations; amending s. 1012.2315, F.S.;
   35         revising requirements for applications for renewals of
   36         registration for employee organizations certified as
   37         bargaining agents for units of instructional
   38         personnel; requiring the commission to conduct
   39         investigations and hold hearings under certain
   40         circumstances; authorizing certain representatives to
   41         participate in the commission’s hearings; requiring
   42         the commission to immediately revoke an employee
   43         organization’s certification as a bargaining agent if
   44         a specified determination is made; authorizing the
   45         commission to adopt rules; reenacting s. 110.114(3),
   46         F.S., relating to employee wage deductions, to
   47         incorporate the amendment made to s. 447.303, F.S., in
   48         a reference thereto; providing severability; providing
   49         applicability; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsection (1) of section 447.301, Florida
   54  Statutes, is amended to read:
   55         447.301 Public employees’ rights; organization and
   56  representation.—
   57         (1)(a) Public employees shall have the right to form, join,
   58  and participate in, or to refrain from forming, joining, or
   59  participating in, any employee organization of their own
   60  choosing.
   61         (b)1.By August 1 of each year, an employee organization
   62  must provide a notice of employees’ rights form directly to the
   63  employees of the public employer who are members of the
   64  organization. Such form must contain the following statement in
   65  bold letters and in at least a 14-point type:
   66  
   67         The State of Florida is a right-to-work state and
   68         union membership is not required as a condition of
   69         employment. You have the right to refrain from joining
   70         and paying dues to an employee organization (union) or
   71         to join and pay dues to an employee organization.
   72         Union membership and payment of union dues and
   73         assessments is voluntary, and you may not be
   74         discriminated against in any manner if you refuse to
   75         join or financially support a union or if you join and
   76         financially support a union.
   77  
   78         2.An employee organization must revoke an employee’s
   79  membership within 30 days after receiving his or her written
   80  request for revocation and no further debt to the employee
   81  organization from the employee accrues after such revocation. An
   82  employee organization may not require a reason for the
   83  employee’s decision to revoke his or her membership in a request
   84  for revocation of membership.
   85         3.This paragraph does not apply to members of an employee
   86  organization that has been certified as a bargaining agent to
   87  represent law enforcement officers, correctional officers, or
   88  correctional probation officers as those terms are defined in s.
   89  943.10(1), (2), and (3), respectively, or firefighters as
   90  defined in s. 633.102.
   91         Section 2. Section 447.303, Florida Statutes, is amended to
   92  read:
   93         447.303 Dues; deduction and collection.—
   94         (1)Except as authorized in subsection (2), an employee
   95  organization that has been certified as a bargaining agent may
   96  not have its dues and uniform assessments deducted by the
   97  employer from the salaries of those employees in the unit.
   98  Public employees may pay their dues and uniform assessments
   99  directly to the employee organization that has been certified as
  100  their bargaining agent.
  101         (2)(a)An Any employee organization that which has been
  102  certified as a bargaining agent to represent law enforcement
  103  officers, correctional officers, or correctional probation
  104  officers as those terms are defined in s. 943.10(1), (2), and
  105  (3), respectively, or firefighters as defined in s. 633.102 has
  106  shall have the right to have its dues and uniform assessments
  107  deducted and collected by the employer from the salaries of
  108  those employees who authorize the deduction of said dues and
  109  uniform assessments. However, such authorization is revocable at
  110  the employee’s request upon 30 days’ written notice to the
  111  employer and employee organization. Said deductions shall
  112  commence upon the bargaining agent’s written request to the
  113  employer.
  114         (b) Reasonable costs to the employer of said deductions is
  115  shall be a proper subject of collective bargaining.
  116         (c) Such right to deduction, unless revoked under pursuant
  117  to s. 447.507, is shall be in force for so long as the employee
  118  organization remains the certified bargaining agent for the
  119  employees in the unit.
  120         (3) The public employer is expressly prohibited from any
  121  involvement in the collection of fines, penalties, or special
  122  assessments.
  123         Section 3. Present subsections (3) and (4) of section
  124  447.305, Florida Statutes, are redesignated as subsections (8)
  125  and (9), respectively, and new subsections (3) and (4) and
  126  subsections (5), (6), and (7) are added to that section, to
  127  read:
  128         447.305 Registration of employee organization.—
  129         (3)In addition to subsection (2), an employee organization
  130  that has been certified as the bargaining agent for public
  131  employees must include for each such certified bargaining unit
  132  the following information and documentation in its application
  133  for renewal of registration:
  134         (a)The number of employees in the bargaining unit who are
  135  eligible for representation by the employee organization as of
  136  December 31 of that renewal period.
  137         (b)The number of employees who are represented by the
  138  employee organization as of December 31 of that renewal period,
  139  specifying the number of members who pay full membership dues
  140  and the number of members who do not pay full membership dues.
  141  To confirm such membership numbers, the employee organization
  142  must provide a copy of each employee’s dues authorization form,
  143  if applicable, and a copy of each employee’s employees’ rights
  144  form required under s. 447.301(1)(b) signed by the employee
  145  within the previous 12 months.
  146         (c)Documentation provided by the public employer verifying
  147  the information provided in paragraphs (a) and (b).
  148         (d)Documentation provided by the public employer verifying
  149  that it was provided a copy of the employee organization’s
  150  application for renewal of registration.
  151         (4)An application for renewal of registration is
  152  incomplete and is not eligible for consideration by the
  153  commission if it does not include all of the information and
  154  documentation required in subsection (3). The commission shall
  155  notify the employee organization if the application is
  156  incomplete. An incomplete application must be dismissed if the
  157  required information and documentation are not provided within
  158  10 days after the employee organization receives such notice.
  159         (5)Notwithstanding the provisions of this chapter relating
  160  to collective bargaining, an employee organization whose full
  161  dues-paying membership is less than 50 percent of the employees
  162  eligible for representation in the bargaining unit must petition
  163  the commission pursuant to s. 447.307(2) and (3) for
  164  recertification as the exclusive representative of all employees
  165  in the bargaining unit within 1 month after the date on which
  166  the employee organization applies for renewal of registration
  167  pursuant to subsection (2). The certification of an employee
  168  organization that does not comply with this section is revoked.
  169         (6)The public employer or a bargaining unit employee may
  170  challenge an employee organization’s application for renewal of
  171  registration if the public employer or bargaining unit employee
  172  believes that the application is inaccurate. The commission or
  173  one of its designated agents shall review the application to
  174  determine its accuracy and compliance with this section. If the
  175  commission finds that the application is inaccurate or does not
  176  comply with this section, the commission shall revoke the
  177  registration and certification of the employee organization.
  178         (7)Subsections (3)-(6) do not apply to an employee
  179  organization that has been certified as the bargaining agent
  180  representing law enforcement officers, correctional officers, or
  181  correctional probation officers as those terms are defined in s.
  182  943.10(1), (2), or (3), respectively, firefighters as defined in
  183  s. 633.102, or instructional personnel as defined in s.
  184  1012.01(2).
  185         Section 4. Paragraph (c) of subsection (4) of section
  186  1012.2315, Florida Statutes, is amended to read:
  187         1012.2315 Assignment of teachers.—
  188         (4) COLLECTIVE BARGAINING.—
  189         (c)1. In addition to the provisions under s. 447.305(2), an
  190  employee organization that has been certified as the bargaining
  191  agent for a unit of instructional personnel as defined in s.
  192  1012.01(2) must include for each such certified bargaining unit
  193  the following information in its application for renewal of
  194  registration:
  195         a. The number of employees in the bargaining unit who are
  196  eligible for representation by the employee organization.
  197         b. The number of employees in the bargaining unit who are
  198  full-dues-paying members of represented by the employee
  199  organization as of December 31 of the previous year. To confirm
  200  such membership numbers, the employee organization must provide
  201  a copy of each employee’s dues authorization form, if
  202  applicable, and a copy of each employee’s employees’ rights form
  203  required under s. 447.301(1)(b) signed by the employee within
  204  the previous 12 months., specifying the number of members who
  205  pay dues and the number of members who do not pay dues.
  206         2. Notwithstanding the provisions of chapter 447 relating
  207  to collective bargaining, an employee organization whose full
  208  dues-paying dues paying membership is less than 50 percent of
  209  the employees represented eligible for representation in the
  210  unit, as identified in subparagraph 1., must petition the Public
  211  Employees Relations Commission pursuant to s. 447.307(2) and (3)
  212  for recertification as the exclusive representative of all
  213  employees in the unit within 1 month after the date on which the
  214  organization applies for renewal of registration pursuant to s.
  215  447.305(2). The certification of an employee organization that
  216  does not comply with this paragraph is revoked.
  217         3.Notwithstanding s. 447.305(6), if a petition is filed
  218  with the Public Employees Relations Commission which is
  219  supported by documentary evidence and which contests information
  220  or assertions of an employee organization’s application for
  221  renewal of registration, the commission must conduct an
  222  investigation and hold a hearing to determine the accuracy of
  223  such application. Representatives of the petitioner, employee
  224  organization, and employer may participate in the hearing. If,
  225  by a majority vote of the commissioners, the commission
  226  determines that the percentage of employees in the bargaining
  227  unit who were full-dues-paying members of the employee
  228  organization at the time the application was submitted was less
  229  than 50 percent, the commission must immediately revoke the
  230  employee organization’s certification as a bargaining agent.
  231         4.The Public Employees Relations Commission may adopt
  232  rules to implement this paragraph.
  233         Section 5. For the purpose of incorporating the amendment
  234  made by this act to section 447.303, Florida Statutes, in a
  235  reference thereto, subsection (3) of section 110.114, Florida
  236  Statutes, is reenacted to read:
  237         110.114 Employee wage deductions.—
  238         (3) Notwithstanding the provisions of subsections (1) and
  239  (2), the deduction of an employee’s membership dues deductions
  240  as defined in s. 447.203(15) for an employee organization as
  241  defined in s. 447.203(11) shall be authorized or permitted only
  242  for an organization that has been certified as the exclusive
  243  bargaining agent pursuant to chapter 447 for a unit of state
  244  employees in which the employee is included. Such deductions
  245  shall be subject to the provisions of s. 447.303.
  246         Section 6. If any provision of this act or its application
  247  to any person or circumstance is held invalid, the invalidity
  248  does not affect other provisions or applications of the act
  249  which can be given effect without the invalid provision or
  250  application, and to this end the provisions of this act are
  251  severable.
  252         Section 7. This act applies to collective bargaining
  253  agreements or contracts entered into on or after July 1, 2022,
  254  and to existing collective bargaining agreements or contracts
  255  that are amended, modified, extended, or otherwise changed or
  256  altered in any way on or after July 1, 2022.
  257         Section 8. This act shall take effect July 1, 2022.