Title: Employee Organizations

Summary: Revises provisions related to employee organizations including organizations for public employees, forms, dues & uniform assessments, applications for renewal of registration, recertification, & revocation of registration & certification.

Full Text:
An act relating to employee organizations; amending s. 447.301, F.S.; requiring that a public employee who desires to join an employee organization sign a membership authorization form; requiring that such form include a specified acknowledgement; requirin gan employee organization to revoke an employee's membership upon receipt of a written request for revocation; providing a requirement for a form to request revocation; providing nonapplicability with respect to certain employee organizations; amending s. 447.303, F.S.; prohibiting certain employee organizations from having their dues and uniform assessments deducted by the employer from salaries; authorizing public employees to pay their dues and uniform assessments directly to the employee organization; authorizing certain employee organizations to have their dues and uniform assessments deducted and collected by the employer from salaries; amending s. 447.305, F.S.; revising requirements for applications for renewal of registration of an employee organiz ation; providing procedures for incomplete applications; requiring certain employee organizations to petition the Public Employees Relations Commission for recertification as CS for CS/CS/HB & HB 2021 bargaining agents; authorizing a public employer or a bargaining unit employee to challenge an employee organization's application for renewal of registration; requiring the commission or its designated agent to review the application; requiring the commission to revoke the registration and certification in certain instances; providing nonapplicability with respect to certain employee organizations; amending s. 1012.2315, F.S.; removing duplicate provisions; reenacting s. 110.114(3), F.S., relating to employee wage deductions, to incorporate the amendment made to s. 447.303, F.S., in a reference thereto; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (1) of section 447.301, Florida Statutes, is amended to read: 447.301 Public employees' rights; organization and representation.-(1)(a) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing. (b)1. An employee who desires to join an employee CS for CS/CS/HB & HB 2021 organization must sign a membership authorization form with the bargaining agent. The membership authorization form must contain the following acknowledgment in bold letters and in at least a 14-point type: I acknowledge and understand that Florida is a ri ght-to-work state and that union membership is not required as a condition of employment. I understand that union membership and payment of union dues and assessments is voluntary and that I may not be discriminated against in any manner if I refuse to join or financially support a union. 2. An employee organization must revoke an employee's membership upon receipt of his or her written request for revocation. If an employee must complete a form to request revocation of membership from the employee organ ization, the form may not require a reason for the employee's decision to revoke his or her membership. 3. This paragraph does not apply to members of an employee organization that has been certified as a bargaining agent to represent law enforcement off icers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively, or firefighters as defined in s. 633.102. CS for CS/CS/HB & HB 2021 Section 2. Section 447.303, Florida Statutes, is amended to read: 447.303 Dues; deduction and collection.-(1) Except as authorized in subsection (2), an employee organization that has been certified as a bargaining agent may not have its dues and uniform assessments deducted by the employer from the salaries of those employ ees in the unit. Public employees may pay their dues and uniform assessments directly to the employee organization that has been certified as their bargaining agent. (2)(a) An Any employee organization that which has been certified as a bargaining agent to represent law enforcement officers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively, or firefighters as defined in s. 633.102 has shall have the right to have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of said dues and uniform assessments. However, such authorization is revocable at the employee's request upon days' written notice to the employer and employee organization. Said deductions shall commence upon the bargaining agent's written request to the employer. (b) Reasonable costs to the employer of said deductions is shall be a proper subject of collective bargaining. CS for CS/CS/HB & HB 2021 (c) Such right to deduction, unless revoked under pursuant to s. 447.507, is shall be in force for so long as the employee organization remains the certified bargaining agent for the employees in the unit. (3) The public employer is expressly prohibited fr om any involvement in the collection of fines, penalties, or special assessments. Section 3. Subsections (3) and (4) of section 447.305, Florida Statutes, are renumbered as subsections (8) and (9), respectively, and new subsections (3) through (7) are added to that section to read: 447.305 Registration of employee organization.-(3) In addition to subsection (2), an employee organization that has been certified as the bargaining agent for public employees must include for each such certified bargain ing unit the following information and documentation in its application for renewal of registration: (a) The number of employees in the bargaining unit who are eligible for representation by the employee organization as of December of that renewal per iod. (b) The number of employees who are represented by the employee organization as of December of that renewal period, specifying the number of members who pay dues and the number of members who do not pay dues. (c) Documentation provided by the public employer CS for CS/CS/HB & HB 2021 verifying the information provided in paragraphs (a) and (b). (d) Documentation provided by the public employer verifying that it was provided a copy of the employee organization's application for renewal of registration. (4) An applicat ion for renewal of registration is incomplete and is not eligible for consideration by the commission if it does not include all of the information and documentation required in subsection (3). The commission shall notify the employee organization if the a pplication is incomplete. An incomplete application must be dismissed if the required information and documentation are not provided within days after the employee organization receives such notice. (5) Notwithstanding the provisions of this chapter relating to collective bargaining, an employee organization whose dues-paying membership is less than percent of the employees eligible for representation in the bargaining unit must petition the commission pursuant to s. 447.307(2) and (3) for recertifi cation as the exclusive representative of all employees in the bargaining unit within month after the date on which the employee organization applies for renewal of registration pursuant to subsection (2). The certification of an employee organization th at does not comply with this section is revoked. (6) The public employer or a bargaining unit employee may challenge an employee organization's application for renewal of CS for CS/CS/HB & HB 2021 registration if the public employer or bargaining unit employee believes that the a pplication is inaccurate. The commission or one of its designated agents shall review the application to determine its accuracy and compliance with this section. If the commission finds that the application is inaccurate or does not comply with this sectio n, the commission shall revoke the registration and certification of the employee organization. (7) Subsections (3)-(6) do not apply to an employee organization that has been certified as the bargaining agent representing law enforcement officers, correc tional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively, or firefighters as defined in s. 633.102. Section 4. Paragraph (c) of subsection (4) of section 1012.2315, Florida Statutes, is a mended to read: 1012.2315 Assignment of teachers.-(4) COLLECTIVE BARGAINING.-(c)1. In addition to the provisions under s. 447.305(2), an employee organization that has been certified as the bargaining agent for a unit of instructional personnel as defined in s. 1012.01(2) must include for each such certified bargaining unit the following information in its application for renewal of registration: a. The number of employees in the bargaining unit who are eligible for representation by the employee organization. CS for CS/CS/HB & HB 2021 b. The number of employees who are represented by the employee organization, specifying the number of members who pay dues and the number of members who do not pay dues. 2. Notwithstanding the provisions of chapter relating to collect ive bargaining, an employee organization whose dues paying membership is less than percent of the employees eligible for representation in the unit, as identified in subparagraph 1., must petition the Public Employees Relations Commission pursuant to s. 447.307(2) and (3) for recertification as the exclusive representative of all employees in the unit within month after the date on which the organization applies for renewal of registration pursuant to s. 447.305(2). The certification of an employee org anization that does not comply with this paragraph is revoked. Section 5. For the purpose of incorporating the amendment made by this act to section 447.303, Florida Statutes, in a reference thereto, subsection (3) of section 110.114, Florida Statutes, is reenacted to read: 110.114 Employee wage deductions.-(3) Notwithstanding the provisions of subsections (1) and (2), the deduction of an employee's membership dues deductions as defined in s. 447.203(15) for an employee organization as defined in s. 447.203(11) shall be authorized or permitted only for an organization that has been certified as the exclusive bargaining agent pursuant to chapter for a unit of state CS for CS/CS/HB & HB 2021 employees in which the employee is included. Such deductions shall be subject to the provisions of s. 447.303. Section 6. This act shall take effect July 1, 2021.