A MESSAGE FROM THE PEN EXECUTIVE DIRECTOR

It has come to my attention that the union is sending out misinformation regarding the process that would occur if the union does not reach 60 percent of the membership. Every educator deserves transparency and truth when it comes to their teaching career.

I would like to start with some facts about Florida that you probably already know but are essential to this issue. Florida is a right-to-work state. The contract is negotiated for everyone who is in the bargaining unit. Florida is a collective bargaining state, and that is in the Florida Constitution. That means that educators have a right to bargain a contract collectively.

The State cannot just take over and make you work under a contract you have not bargained for or ratified.

I have two sources for the information below regarding what happens if the union reaches less than 60 percent membership:

The Florida Public Employees Relations Commission (PERC). PERC is the state agency that implements policy and governance over unions.

The other source on the next section is the actual analysis of the bill taken from
https://flsenate.gov/Session/Bill/2023/256. Click on analysis at the bottom of the page.

Both sources state that union will not be decertified instantly if they do not reach the 60 percent proposed in the legislation. If they do not reach 60 percent, this will only require the union to file a Registration Acknowledgement or a Representation Certification Petition by October 1, 2023. They will continue to be the bargaining agent, and an election will be held among the members of the bargaining unit. The union will only have to get a majority of those who are voting. If the union wins the majority of votes, it will remain the bargaining agent. Remember that they only have to win a majority of those voting—not the entire bargaining unit and not 60 percent. It is very likely that the union would continue as the bargaining agent.

The union also omits the fact that teachers will always retain the rights afforded to them in State Statutes, which comprise most of your rights.

Please feel free to email membership@penfl.org if you have any questions. Thanks so much for your membership and for asking the right questions.

Please read on to the next section for the actual Florida Senate analysis taken from the Senate website.
Thanks,
Cathy

SB 256, Section 3

Below is section 3 of the analysis of Senate Bill 256, which will require 60 percent membership.
This is taken directly from the bill analysis given on MyFloridaSenate.gov. As you can see from the highlighted text, the union will have to report its membership, and if they fall below 60 percent, this triggers an election, NOT Decertification. If the union receives a majority vote of those voting, they will remain the collective bargaining agent. The union has misled you by saying they will be decertified if they don’t reach 60 percent. That only triggers an election, and the winner must only have a majority of those voting. We do not know of another group that is going to challenge the union to be the agent, so it is likely that the union will remain as the collective bargaining.

The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Fiscal Policy BILL: CS/CS/SB 256 INTRODUCER: Fiscal Policy Committee; Governmental Oversight and Accountability Committee; and Senator
Ingoglia SUBJECT: Employee Organizations Representing Public Employees

Section 3 amends s. 447.305, F.S., to expand the information that must be submitted to PERC by an employee organization at the time of registration and renewal of registration. The current annual financial statement of the employee organization must be “audited” by an independent certified public accountant. Section 3 also requires an employee organization, at the time of its renewal of registration, to submit information regarding its membership and whether employees are eligible for representation and pay dues to the employee organization. If this information shows that less than 60 percent of the employees were eligible for representation and paid dues to the employee organization certified as the bargaining agent during its last registration period, the employee organization must petition PERC for recertification as the bargaining agent. This means the employee organization and the employer will share the cost of conducting an election. If the majority of the employees voting in this election choose to be represented by the employee organization, the employee organization retains its certification as the exclusive bargaining agent.