Elizabeth Ford

Summary

In general, Florida Public Employment Relations Commission (PERC) decisions and statute demonstrate a dramatic divergence between police and non-police mandatory subjects of bargaining, particularly in the area of discipline. In addition,

  • Duty to Bargain Discipline More Expansive for Police. The duty to bargain disciplinary rules in the non-police setting is much more expansive in the police setting.
  • Duty to Bargain Work Reassignment More Expansive For Police. The reassignment rules are dramatically different in the police and non-police context.
  • Duty to Bargain Change of Duties Broader for Police. There are few cases about changes of duties, but those that exist are more broadly interpreted in the police setting.
  • Inconsistency of Decisions. The Commission decisions make no effort to acknowledge or explain the differences between police and non-police cases. In addition, the uses the concept of “impact bargaining” to selectively bring subjects back within the requirement to bargain even while finding the subject is not mandatory.
  • 2023 Statute Imposes Restrictions on All Unions Except Police. A 2023 Florida law requires unions to meet a 60% membership threshold to be certified and removes the longstanding practice of deducing union dues directly from an employee’s paycheck. The law exempts police unions from coverage.

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