SB 1014 — Employee Organizations

Florida Senate - 2021 CS for SB 1014 By Senatorthe BaxleyCommittee 12-00705A-21on 20211014__Governmental AOversight billand toAccountability; be entitled An act relating to employee organizations;

and Senator Baxley 585-02994-21 20211014c1 A bill to be entitled An act relating to employee organizations;

requiringrevising the information that employee organizations that have been certified as the bargaining agent for educationala supportunit employeesof toinstructional includepersonnel specifiedmust informationreport in applications for renewal of registration;

revisingrequiring thecertain information that employee organizations certifiedto aspetition the bargainingPublic agentEmployees forRelations aCommission unit of instructional personnel or educational support employees must report in applications for renewalrecertification; of registration;

requiring that an employee organization whose full dues-paying membership as of a specified date is less than 50 percent of eligible employees to petition the Public Employees Relations Commission for recertification;

authorizing the commission to require an employee organization to submit certain information as part of such investigation;

providing for the revocation of an employee organization’s certification if it fails to meet certain requirements;

requiringprohibiting instructional personnel and educational support employees who are represented by an employee organization andfrom havehaving unionits dues and uniform assessments deducted fromand theircollected salaryby to submit a specifieddistrict form to school districtsboard; by a certain date and biennially thereafter;

requiring certain instructional personnel andto educationalsign supportand employeessubmit whoa firstspecified requestform to havethe unionemployee duesorganization andby uniform assessments deducted from their salary after a certain date toand submitannually athereafter specifiedbefore formthe toemployee schoolorganization districtsmay withincollect adues specifiedor timeframeuniform andassessments bienniallyfor thereafter;the upcoming school year;

providingcreating acknowledgments. language for such form;

prohibiting1012.8552, districtF.S.; school boards from deducting union dues or uniform assessments from the salaries of instructional personnel or educational support employees who fail to timely submit the form;

requiring schoolan districtsemployee toorganization confirmcertified directlyas withthe abargaining formagent signatoryfor thata heunit orof sheFlorida hasCollege authorizedSystem deductionsinstitution forinstructional unionpersonnel duesto andinclude uniformspecified assessmentsinformation fromand hisdocumentation orin heran salaryapplication and to wait for confirmationregistration beforerenewal; making any deduction;

requiringproviding schoolthat districts, subject to certain rules,applications toare adoptincomplete; policies;

providing procedures for incomplete applications;

requiring certain employee organizations to petition the commission for recertification;

authorizing a Florida College System institution to challenge an employee organization’s application;

requiring the commission to review a challenged application and revoke an employee organization’s registration and certification in certain circumstances;

creating s.

1012.916, F.S.;

requiring an employee organization certified as the bargaining agent for a unit of State University System institution instructional personnel to include specified information and documentation in an application for registration renewal;

providing that certain applications are incomplete;

providing procedures for incomplete applications;

requiring certain employee organizations to petition the commission for recertification;

authorizing a State University System institution to challenge an employee organization’s application;

requiring the commission to review a challenged application and revoke an employee organization’s registration and certification in certain circumstances;

4254 Be It Enacted by the Legislature of the State of Florida:

4456 Section 1. Paragraph (c) of subsection (4) of section 1012.2315, Florida Statutes, is amended, and paragraphparagraphs (d) isand (e) are added to that subsection, to read:

1012.01(2) ormust educationalinclude supportfor employeeseach assuch definedcertified bargaining unit the following information in s.its application for renewal of registration:

1012.01(6) must include for each such certified bargaining unit the following information in its application for renewal of registration:

b. The number of employees who are represented by the employee organization as of December 31 of that renewal period, specifying the number of members who pay full dues and the number of members who do not pay full dues.

2. Notwithstanding the provisions of chapter 447 relating to collective bargaining, an employee organization whose fulldues dues-payingpaying dues paying membership as of December 31 of that renewal period is less than 50 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.

4. Thea. If the commission shallhas adoptreason rulesto believe a registered employee organization has reported inaccurate figures pursuant to carrythis outparagraph, it can require the provisionsemployee organization to submit its membership roll in order to verify the accuracy of thisthe paragraph.reported figures.

(d)1. ByIf Augustthe 1, 2021, and on a biennial basis thereafter, instructional personnel and educational support employees who are represented by an employee organization andfails haveto unionsubmit duesits andmembership uniformroll assessmentswithin deducted30 fromdays theirof salaryreceiving musta signwritten andrequest submitfrom athe formcommission, to the schoolemployee districtorganization’s acknowledgingcertification thatwill Floridabe isrevoked. a right-to-work state.

Instructionalb. If personnela andregistered educational support employees represented by an employee organization whodoes firstnot requestsubmit toor haveintentionally unionmisstates duesthe andinformation uniformrequired assessmentsin deductedthis fromparagraph theirfor salariesa aftercertified Augustbargaining 1,unit 2021,it mustrepresents, sign and submit the formemployee toorganization’s thecertification schoolfor districtthat withinunit 30will daysbe afterrevoked. making such request and on a biennial basis thereafter.

The4. The formcommission mustshall containadopt therules followingto acknowledgmentcarry inout atthis leastparagraph. 14-point boldfaced type:

94(d) Notwithstanding Ithe ACKNOWLEDGEprovisions ANDof UNDERSTANDs. THAT FLORIDA IS A RIGHT-TO-WORK STATE AND UNION MEMBERSHIP IS NOT REQUIRED AS A CONDITION OF EMPLOYMENT.

I447.303 UNDERSTANDrelating THATto UNIONdues MEMBERSHIPdeduction ANDand PAYMENTcollection, OFan UNIONemployee DUESorganization ANDthat UNIFORMhas ASSESSMENTSbeen AREcertified VOLUNTARYas ANDthe THATbargaining Iagent MAYfor NOTinstructional BEpersonnel DISCRIMINATEDmay AGAINSTnot INhave ANYits MANNERdues IFand Iuniform REFUSEassessments TOdeducted JOINand ORcollected FINANCIALLYby SUPPORTa Adistrict UNION.school board from the salaries of instructional personnel.

101Instructional 2. A district school board may not deduct any union dues or uniform assessments from the salary of any instructional personnel or educational support employees who are represented by an employee organization must pay their dues and whouniform haveassessments notdirectly timelyto signedthe andemployee submittedorganization athat formhas pursuantbeen tocertified thisas paragraph.their bargaining agent.

3. A(e) Beginning schoolAugust district1, shall2021, confirmand directlyeach withAugust a1 signatorythereafter, ofbefore the formemployee requiredorganization bycan thiscollect paragraphdues thator heuniform orassessments shefrom hasany authorizedinstructional deductionspersonnel for unionthe duesupcoming orschool uniformyear, assessmentsthe fromemployee hismust orsign herand salarysubmit anda shallform waitto forthe confirmationemployee beforeorganization makingacknowledging anyFlorida deduction.is a right-to-work state.

4. SubjectThe toform themust rulescontain of the Statefollowing Boardacknowledgement ofin Education,bold eachletters schooland districtin shallat adoptleast policies14-point totype: carry out this paragraph.