HB 1025

1
A bill to be entitled
2An act relating to collective bargaining; amending s.
3447.03, F.S.; authorizing employees who are members of a
4labor organization to decertify the labor organization or
5its certified bargaining agent; requiring labor
6organizations to provide specified notice; amending s.
7447.07, F.S.; providing members of a labor organization
8with access to the organization's accounting information;
9requiring labor organizations to provide specified notice;
10creating s. 447.18, F.S.; providing for enforcement;
11providing for the award of damages, injunctive relief, and
12civil penalties; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 447.03, Florida Statutes, is amended to
17read:
18     447.03  Employees' right of self-organization.-
19     (1)  Employees shall have the right to self-organization,
20to form, join, or assist labor unions or labor organizations or
21to refrain from such activity, to bargain collectively through
22representatives of their own choosing, and to engage in
23concerted activities, for the purpose of collective bargaining
24or other mutual aid or protection.
25     (2)  Employees who are members of a labor organization may
26decertify the labor organization or its certified bargaining
27agent certified by the Public Employees Relations Commission as
28representing the employees in a bargaining unit, as provided in
29s. 447.307, at any time. A labor organization shall annually
30provide to its members a written notice explaining the rights of
31a member under state and federal law to decertify, collectively
32with other members, the labor organization or its certified
33bargaining agent. The notice must include an explanation of the
34requirements under state and federal law for filing a petition
35to revoke certification, as well as a sample petition.
36     Section 2.  Section 447.07, Florida Statutes, is amended to
37read:
38     447.07  Records and accounts required to be kept; access to
39records.-
40     (1)  A It shall be the duty of any and all labor
41organization shall organizations in this state to keep accurate
42books of accounts itemizing all receipts from each whatsoever
43source and expenditures for each whatsoever purpose, stating
44such sources and purposes.
45     (2)  A Any member of a such labor organization may, shall
46be entitled at any all reasonable time, times to inspect the
47books, records, and accounts of the such labor organization.
48     (3)  A member of a labor organization may receive an annual
49written account of the records, receipts, expenditures, and
50accounts specified under this section. A labor organization
51shall annually provide to its members a written notice detailing
52the expenditures and receipts of the labor organization for the
53previous 12 months. The notice must include an accurate
54explanation of the manner in which the dues of the members were
55spent on items related, but not limited, to political
56contributions and administrative salaries.
57     Section 3.  Section 447.18, Florida Statutes, is created to
58read:
59     447.18  Enforcement.-Notwithstanding s. 447.14, the
60Attorney General shall enforce the protections of ss. 447.03 and
61447.07 on behalf of any aggrieved member of a labor
62organization. If there is reasonable cause to believe that the
63aggrieved member's rights under ss. 447.03 and 447.07 have been
64violated by a labor organization, the Attorney General shall
65commence a civil or administrative action for damages,
66injunctive relief, and civil penalties or may negotiate a
67settlement with any labor organization on behalf of any member
68of a labor organization aggrieved under this section.
69     Section 4.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.