| 1 | A bill to be entitled |
| 2 | An act relating to collective bargaining; amending s. |
| 3 | 447.03, F.S.; authorizing employees who are members of a |
| 4 | labor organization to decertify the labor organization or |
| 5 | its certified bargaining agent; requiring labor |
| 6 | organizations to provide specified notice; amending s. |
| 7 | 447.07, F.S.; providing members of a labor organization |
| 8 | with access to the organization's accounting information; |
| 9 | requiring labor organizations to provide specified notice; |
| 10 | creating s. 447.18, F.S.; providing for enforcement; |
| 11 | providing for the award of damages, injunctive relief, and |
| 12 | civil penalties; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 447.03, Florida Statutes, is amended to |
| 17 | read: |
| 18 | 447.03 Employees' right of self-organization.- |
| 19 | (1) Employees shall have the right to self-organization, |
| 20 | to form, join, or assist labor unions or labor organizations or |
| 21 | to refrain from such activity, to bargain collectively through |
| 22 | representatives of their own choosing, and to engage in |
| 23 | concerted activities, for the purpose of collective bargaining |
| 24 | or other mutual aid or protection. |
| 25 | (2) Employees who are members of a labor organization may |
| 26 | decertify the labor organization or its certified bargaining |
| 27 | agent certified by the Public Employees Relations Commission as |
| 28 | representing the employees in a bargaining unit, as provided in |
| 29 | s. 447.307, at any time. A labor organization shall annually |
| 30 | provide to its members a written notice explaining the rights of |
| 31 | a member under state and federal law to decertify, collectively |
| 32 | with other members, the labor organization or its certified |
| 33 | bargaining agent. The notice must include an explanation of the |
| 34 | requirements under state and federal law for filing a petition |
| 35 | to revoke certification, as well as a sample petition. |
| 36 | Section 2. Section 447.07, Florida Statutes, is amended to |
| 37 | read: |
| 38 | 447.07 Records and accounts required to be kept; access to |
| 39 | records.- |
| 40 | (1) A It shall be the duty of any and all labor |
| 41 | organization shall organizations in this state to keep accurate |
| 42 | books of accounts itemizing all receipts from each whatsoever |
| 43 | source and expenditures for each whatsoever purpose, stating |
| 44 | such sources and purposes. |
| 45 | (2) A Any member of a such labor organization may, shall |
| 46 | be entitled at any all reasonable time, times to inspect the |
| 47 | books, records, and accounts of the such labor organization. |
| 48 | (3) A member of a labor organization may receive an annual |
| 49 | written account of the records, receipts, expenditures, and |
| 50 | accounts specified under this section. A labor organization |
| 51 | shall annually provide to its members a written notice detailing |
| 52 | the expenditures and receipts of the labor organization for the |
| 53 | previous 12 months. The notice must include an accurate |
| 54 | explanation of the manner in which the dues of the members were |
| 55 | spent on items related, but not limited, to political |
| 56 | contributions and administrative salaries. |
| 57 | Section 3. Section 447.18, Florida Statutes, is created to |
| 58 | read: |
| 59 | 447.18 Enforcement.-Notwithstanding s. 447.14, the |
| 60 | Attorney General shall enforce the protections of ss. 447.03 and |
| 61 | 447.07 on behalf of any aggrieved member of a labor |
| 62 | organization. If there is reasonable cause to believe that the |
| 63 | aggrieved member's rights under ss. 447.03 and 447.07 have been |
| 64 | violated by a labor organization, the Attorney General shall |
| 65 | commence a civil or administrative action for damages, |
| 66 | injunctive relief, and civil penalties or may negotiate a |
| 67 | settlement with any labor organization on behalf of any member |
| 68 | of a labor organization aggrieved under this section. |
| 69 | Section 4. This act shall take effect July 1, 2011. |