If increasing transparency and reinforcing voluntarism means more workers choose to leave, then that doesn’t speak well of the unions.
A bill passed by the Florida legislature that Governor Ron DeSantis is expected to sign is being criticized as anti-union.
“Our constituents deserve better than union-busting tactics like these,” said state representative Rita Harris. The Florida Education Association described DeSantis as a “dictator want-to-be.” State representative Anna Eskamani said she would “rather die” than vote for the bill.
The 15-page bill makes a few changes to the way public-sector unions are treated under Florida law.
It ends the practice of automatically deducting union dues from public employees’ paychecks. Currently in Florida, public employees have their dues deducted by the state government. Now, union members will have to make those payments themselves — just like every other worker does for voluntary organizations that they join.
Public employees who wish to be union members will be required to sign a form authorizing the union to deduct dues. The form notifies workers that Florida is a right-to-work state and makes clear that union membership is not required to be employed. The employee will be permitted to revoke his or her membership at any time, and the union must comply. Unions must hold on to these forms and have them ready for inspection by the state government.
That provision helps to clarify public-sector workers’ rights under the Janus v. AFSCME decision from 2018, in which the Supreme Court held that no worker can be forced to subsidize a public-sector union unless he or she “affirmatively consents to pay.” Combined with the abolition of automatic dues deduction, the bill will help Florida to avoid the legal problems Oregon and Washington have faced with dues being taken from workers without their consent.
The bill says public-sector unions must register with the state government and provide an audited financial statement every year. The financial statement must be provided to its members as well. The registration will also include a pledge to obey state law. The union must provide a copy of its constitution and bylaws and data on the number of employees who are eligible to be represented by the union compared to the number who are actually members. If fewer than 60 percent of eligible employees actually pay dues, the union will need to be recertified.
The bill gives the state’s Public Employees Relations Commission the power to issue cease-and-desist orders, suspend or revoke certifications, and fine public-sector unions if they go on strike in violation of Florida law.
“If [employees] wish to join a union, they remain free to do so, but they will have a fuller understanding of their rights and obligations. Employees who do not wish to join a union, meanwhile, will be informed of their constitutional right to refrain from membership,” wrote Stephen Delie in an analysis of the bill for the Mackinac Center for Public Policy.
The bill increases transparency into the unions that represent the workers paid by taxpayers, reinforces that joining the union is voluntary, and reiterates that unions must follow state law. That’s hardly “union-busting.” If increasing transparency and reinforcing voluntarism means more workers choose to leave, then that doesn’t speak well of the unions.