Title XXXI, Labor

The scope of the area to be covered by the Rural Workforce Services Program will include all counties of the state not classified as standard metropolitan statistical areas (SMSA) by the United States Department of Labor Manpower Administration. Florida’s designated SMSA labor ar…

It shall be the direct responsibility of the Rural Workforce Services Program to promote and deliver employment and workforce services and resources to the rural undeveloped and underdeveloped counties of the state in an effort to:(1) Slow down out-migration of untrained rural re…

(1)(a) The Florida Concrete Masonry Education Council, Inc., is created as a nonprofit corporation organized under the laws of this state and operating as a direct-support organization of the Department of Commerce.(b) The council shall operate under a written contract with the d…

(1) A student 18 years of age or younger who is in a paid work-based learning opportunity must be covered by the workers’ compensation insurance of his or her employer in accordance with chapter 440. For purposes of chapter 440, a school district or Florida College System institu…

(1) The Department of Commerce, in cooperation with the state board as defined in s. 445.002, shall establish the Everglades Restoration Agricultural Community Employment Training Program within the Department of Commerce. The Department of Commerce shall use funds appropriated t…

(1) Because of the activities of labor unions affecting the economic conditions of the country and the state, entering as they do into practically every business and industrial enterprise, it is the sense of the Legislature that such organizations affect the public interest and a…

The following terms, when used in this chapter, shall have the meanings ascribed to them in this section:(1) The term “labor organization” means any organization of employees or local or subdivision thereof, having within its membership residents of the state, whether incorporate…

Employees shall have the right to self-organization, to form, join, or assist labor unions or labor organizations or to refrain from such activity, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of col…

Labor unions or labor organizations shall not charge an initiation fee in excess of the sum of $15; provided, that initiation fees in effect on January 1, 1940, may be continued.History.—s. 5, ch. 21968, 1943.Note.—Former s. 481.05.

It shall be the duty of any and all labor organizations in this state to keep accurate books of accounts itemizing all receipts from whatsoever source and expenditures for whatsoever purpose, stating such sources and purposes. Any member of such labor organization shall be entitl…

Any employee who is a member of any labor organization who, because of services with the Armed Forces of the United States, during time of war or national emergency, has been unable to pay any dues, assessments or sums levied by any labor organization, shall not hereafter be requ…

It shall be unlawful for any person:(1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make complaint, file charges, give information or testimony concerning the violation…

Any labor organization may maintain any action or suit in its commonly used name and shall be subject to any suit or action in its commonly used name in the same manner and to the same extent as any corporation authorized to do business in this state. All process, pleadings and o…

Except as specifically provided in this chapter, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this chapter be so construed as to invade unlawfully the rig…

Any person or labor organization who shall violate any of the provisions of this part shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 14, ch. 21968, 1943; s. 373, ch. 71-136; s. 3, ch. 77-343; s. 81, ch. 91-224…

All railway labor organizations and members thereof shall be exempt from all of the provisions of this chapter as long as they are regulated by Act of Congress.History.—s. 15, ch. 21968, 1943.Note.—Former s. 481.15.

(1) Any person who may be denied employment or discriminated against in his or her employment on account of membership or nonmembership in any labor union or labor organization shall be entitled to recover from the discriminating employer, other person, firm, corporation, labor u…

The public policy of this state, and the purpose of this part, is to provide statutory implementation of s. 6, Art. I of the State Constitution, with respect to public employees; to promote harmonious and cooperative relationships between government and its employees, both collec…

As used in this part:(1) “Bargaining agent” means the employee organization that has been certified by the commission as representing the employees in the bargaining unit, as provided in s. 447.307, or its representative.(2) “Bargaining unit” means either that unit determined by …

(1) The Public Employees Relations Commission, hereinafter referred to as the “commission,” shall be composed of a chair and two part-time members to be appointed by the Governor, subject to confirmation by the Senate, from persons representative of the public and known for their…

(1) The commission shall, in accordance with chapter 120, adopt, promulgate, amend, or rescind such rules and regulations as it deems necessary and administratively feasible to carry out the provisions of this part.(2) To accomplish the objectives and carry out the duties prescri…

(1) Any person filing an appeal pursuant to subsection (9) of s. 447.207 shall be entitled to a hearing pursuant to subsections (4) and (5) of s. 447.503 and in accordance with chapter 120; however, the hearing shall be conducted within 30 days of the filing of an appeal with the…

The Public Employees Relations Commission shall promulgate rules concerning the receipt, processing, and resolution of appeals filed under subsections (8) and (9) of s. 447.207.History.—s. 86, ch. 86-163.

It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the public em…

(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. A public employee who desires to be a member of an employee organization must sign and d…

(1) Except as authorized in subsection (2) or subject to a waiver of the prohibition on membership dues deduction granted pursuant to s. 447.207(12), a public employer may not engage in membership dues deduction on behalf of an employee organization. A public employee may pay mem…

(1) Every employee organization seeking to become a bargaining agent for public employees shall register with the commission before submitting a certification, recertification, or unit clarification petition. If an employee organization is not registered, it may not participate i…

(1)(a) An employee organization seeking certification or recertification as a bargaining agent must file a petition with the commission accompanied by a showing of interest from at least 30 percent of the public employees in the proposed or existing bargaining unit. The showing o…

Notwithstanding any other provision of law, administrative rule, or administrative agency decision to the contrary, any state law enforcement agency that has 1,200 or more officers shall be in a bargaining unit that is separate from officers in other state law enforcement agencie…

(1) A petition to clarify the composition of a bargaining unit may be filed with the commission when significant changes in statutory law or case law require clarification of the bargaining unit or when a classification was:(a) Created or substantially changed after the unit was …

(1) A public employee or group of public employees which no longer desires to be represented by a bargaining agent may file with the commission a petition to decertify the bargaining agent. The petition must be accompanied by a showing of interest from at least 30 percent of the …

(1) After an employee organization has been certified as the bargaining agent of a bargaining unit pursuant to this part, the bargaining agent and the chief executive officer of the appropriate public employer or employers, jointly, shall bargain collectively in the determination…

Each public employer and bargaining agent shall negotiate a grievance procedure to be used for the settlement of disputes between a public employer and a public employee, or a group of public employees, involving the interpretation or application of a collective bargaining agreem…

(1) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, either party may declare an impasse by providing written …

The special magistrate shall conduct the hearings and render recommended decisions with the objective of achieving a prompt, peaceful, and just settlement of disputes between the bargaining agents and the public employers. The factors to be given weight by the special magistrate …

The compensation of the mediator and special magistrate, and all stenographic and other expenses, shall be borne equally by the parties.History.—s. 3, ch. 74-100; s. 17, ch. 77-343; s. 83, ch. 2004-11.

All records that are relevant to, or have a bearing upon, any issue or issues raised by the proceedings conducted by the special magistrate shall be made available to the special magistrate by a request in writing to any of the parties to the impasse proceedings. Notice of such r…

(1) In the event of a financial urgency requiring modification of an agreement, the chief executive officer or his or her representative and the bargaining agent or its representative shall meet as soon as possible to negotiate the impact of the financial urgency. If after a reas…

(1) Public employers or their agents or representatives are prohibited from:(a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part.(b) Encouraging or discouraging membership in any employee organization by dis…

It is the intent of the Legislature that the commission act as expeditiously as possible to settle disputes regarding alleged unfair labor practices. To this end, violations of the provisions of s. 447.501 shall be remedied by the commission in accordance with the following proce…

In case of any failure by any employer, employee, or employee organization to comply with any order of the commission, upon application of the commission or, notwithstanding the provisions of s. 120.69(1)(b)1., upon application of any person who is a resident of the state and who…

(1) The district courts of appeal are empowered, upon the filing of appropriate notices of appeal, to review final orders of the commission pursuant to s. 120.68. A copy of the notice of appeal shall be filed with the commission. The record in the proceeding, certified by the com…

No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this part.History.—s. 3, ch. 74-100.

(1) Circuit courts having jurisdiction of the parties are vested with the authority to hear and determine all actions alleging violations of s. 447.505. Suits to enjoin violations of s. 447.505 will have priority over all matters on the court’s docket except other emergency matte…

(1) Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from:(a) Soliciting public employees during working hours of any employee who is involved in the solicitation.(b) Distributing literature during work…

Any violation of this part (Labor Organizations; Public Employees) shall not subject any person to municipal recall and shall not be considered as grounds for municipal recall.History.—s. 2, ch. 77-279.