Florida Teachers Union Fails to Upend Law on Dues and Recertification Requirements for Public-Sector Unions

Quick Hits

• A federal district court rejected challenges to a Florida law that makes it more difficult for public-sector teachers unions to collect dues and recertify.
• The court held that the Florida Legislature’s changes did not impair the validity, construction, or enforcement of collective bargaining contracts.
• The court left remaining for a jury trial the unions’ challenge regarding the prohibition on direct payroll dues deductions and assessments.

Last year, following enactment of SB 256, the unions filed suit seeking federal court intervention to enjoin the law from taking effect. However, the federal court twice declined to do so.

In his eighty-plus-page order, Judge Walker ruled the unions’ challenge to the recertification requirements failed because the Florida Legislature’s changes did not in and of themselves impair collective bargaining agreements’ validity, construction, or enforcement.

Also dismissed was the unions’ challenge to SB 256’s membership authorization form requirement because, as the court concluded, the Florida Legislature could establish a rational basis for including this requirement.

In 2023, the legislature amended several portions of Florida’s Public Employees Relations Act (SB 256) making it tougher for non–public-safety unions to collect dues and recertify. Public-sector unions then filed federal and state actions to stop the law from going into effect, focusing especially on these aspects:

• a prohibition on direct payroll dues deductions and assessments by the public employer;
• a requirement that certain unions be recertified as the bargaining agent if the number of employees paying dues during the last registration period fell below 60 percent of the number of eligible employees; and
• a requirement that certain unions provide additional information about the number and percentage of dues-paying members in each bargaining unit and disclose information about their finances.

What remains for trial in federal court is the challenge regarding the prohibition on direct payroll dues deductions and assessments by the public employer because the court concluded a jury must decide whether the Florida Legislature’s reasoning for making this change was for a significant and legitimate purpose.

Given the ruling, the court will set a new trial date.

The public-sector unions’ challenges to the law have had limited success so far. It appears that at least the new recertification thresholds and membership authorization forms have withstood scrutiny. All that remains will be a jury’s determination as to whether the direct deduction for dues will be upheld.

In other public-sector news, on March 22, 2024, Governor Ron DeSantis signed into law SB 1746, a law that exempts emergency medical technicians (EMTs), 911 operators, and mass transit workers from the 2023 changes. The law took effect immediately.

Key Takeaways

Public-sector employers will want to continue to follow SB 256 for non–public-safety unions regarding dues deduction and membership authorizations.

Public-sector employers are required to implement the 2024 changes imposed by SB 1746 exempting EMTs and paramedics, 911 operators, and mass transit workers.

Ogletree Deakins’ Tampa and Miami offices will continue to monitor developments and will provide updates on the Florida blog as additional information becomes available.

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