§ 35.036. EMPLOYEE ORGANIZATION; REGISTRATION AND CERTIFICATION.

(A)

Registration of Employee Organization.

(1)

Every employee organization seeking to become a certified bargaining agent for public employees shall Register with the Public Employees Labor Commission pursuant to the procedures set forth in F.S. Section 120.60 prior to requesting recognition by a public employer, and prior to submitting a petition to the Commission requesting certification as an exclusive bargaining agent. Further, if the employee organization is not Registered, it may not participate in a representation hearing, participate in a representation election, or be certified as an exclusive bargaining agent. The application for registration required by this Section shall be under oath and in a form as the Public Employees Relations Commission may prescribe and shall include:

(a)

The name and address of the organization and of any parent organization or organization with which it is affiliated;

(b)

The names and addresses of the principal officers and all representatives of the organization;

(c)

The amount of the initiation fee and of the monthly dues which members must pay;

(d)

The current annual financial statement of the organization;

(e)

The name of its business agent, if any; if different from the business agent, the name of its local agent for service of process; and the addresses where that person can be reached;

(f)

A pledge, in a form prescribed by the Commission, that the employee organization will conform to the laws of the City and State and that it will accept members without regard to age, race, sex, religion or national origin; and

(g)

A copy of the current constitution and bylaws of the employee organization.

(h)

A copy of the current constitution and bylaws of the State and national groups with which the employee organization is affiliated or associated. In lieu of this provision, and upon adoption of a rule by the Commission, a State or national affiliate or parent organization of any Registering labor organization may annually submit a copy of its current constitution and bylaws.

(2)

A registration granted to an employee organization pursuant to the provisions of this Section shall run for one year from the date of issuance. A registration shall be renewed annually by filing application for renewal under oath with the Commission, which application shall reflect any changes in the information provided to the Commission in conjunction with the employee organization's preceding application for registration or previous renewal, whichever is applicable. Each application for renewal of registration shall include a current annual financial report signed by its President and Treasurer or corresponding principal officers containing the following information in detail as may be necessary accurately to disclose its financial condition and operation for its preceding fiscal year:

(a)

Assets and liabilities at the beginning and end of the fiscal year;

(b)

Receipts of any kind and the sources thereof;

(c)

Salary, allowances, and other direct or indirect disbursements (including reimbursed expenses) to each officer and also to each employee who, during that fiscal year, received more than ten thousand dollars ($10,000.00) in the aggregate from the employee organization and any other employee organization affiliated with it or with which it is affiliated, or which is affiliated with the same national or international employee organization;

(d)

Direct and indirect loans made to any officer, employee or member, which aggregated more than two hundred fifty dollars ($250.00) during the fiscal year, together with a statement of the purpose, security, if any, and arrangement for repayment; and

(e)

Direct and indirect loans to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment; all in those categories as the Commission may prescribe.

(3)

A registration fee shall accompany each application. The amount charged for an application for registration or renewal of registration shall not exceed fifteen dollars ($15.00). All money collected by the Commission shall be deposited in the General Revenue Fund.

(4)

Notification of registrations and renewals of registration shall be furnished at regular intervals by the Commission to the Division of Labor, Employment and Training of the Department of Labor and Employment Security.

(5)

Every employee organization shall keep accurate accounts of its income and expenses, which accounts shall be open for inspection by any member of the organization or by the Commission at all reasonable times.

(6)

(a)

If an employee organization is properly Registered with the State Public Employees Relations Commission and the employee organization furnishes to the City Public Employees Relations Commission proof of proper Registration, either through:

(1)

Certified copies of the registration material filed with the State Public Employees Relations Commission; or

(2)

(a)

Copies of the registration material supplied to the State Public Employees Relations Commission; and

(b)

A statement from the State Public Employees Relations Commission that the employee organization is properly Registered with the State Public Employees Relations Commission.

(b)

The City Public Employees Relations Commission then will accept proof of proper registration with the State Public Employees Relations Commission in lieu of the other registration requirements provided in this subchapter. In the event that an employee organization has not begun the registration process with the State Public Employees Relations Commission or has not completed the registration process within the time required by law, then the employee organization shall properly Register with the City Public Employees Relations Commission in the manner provided for in this subchapter.

(B)

Certification of Employee Organization.

(1)

(a)

Any employee organization which is designated or selected by a majority of public employees in an appropriate unit as their representative for purposes of collective bargaining shall request recognition by the public employer. The public employer shall, if satisfied as to the majority status of the employee organization and the appropriateness of the proposed unit, recognize the employee organization as the collective bargaining representative of employees in the designated unit. Upon recognition by a public employer, the employee organization shall immediately petition the Public Employees Relations Commission for certification. The Commission shall review only the appropriateness of the unit proposed by the employee organization. If the unit is appropriate according to the criteria used in this subchapter, the Commission shall immediately certify the employee organization as the exclusive representative of all employees in the unit. If the unit is inappropriate according to the criteria used in this part, the Commission may dismiss the petition.

(b)

Whenever a public employer recognizes an employee organization on the basis of majority status and on the basis of appropriateness in accordance with division (B)(4)(f)(5) of this Section, the Commission shall, in the absence of inclusion of a prohibited category of employees or violation of Section 35.043, certify the proposed unit.

(2)

If the public employer refuses to recognize the employee organization, the employee organization may file a petition with the Commission for certification as the bargaining agent for a proposed bargaining unit. The petition shall be accompanied by dated statements signed by at least thirty (30) percent of the employees in the proposed unit indicating that the employees desire to be represented for purposes of collective bargaining by the petitioning employee organization. Once a petition for certification has been filed by an employee organization, any Registered employee organization desiring placement on the ballot in any election to be conducted pursuant to this division may be permitted by the Commission to intervene in the proceeding, upon a motion, accompanied by dated statements signed by at least ten (10) percent of the employees in the proposed unit, indicating that those employees desire to be represented for the purpose of collective bargaining by the moving employee organization. Any employee, employer, or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation, or are otherwise invalid, shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition.

(3)

(a)

The Commission or one of its designated agents shall investigate the petition to determine its sufficiency; if it has reasonable cause to believe that the petition is sufficient, the Commission shall provide for an appropriate hearing upon due notice. A hearing may be conducted by an agent of the Commission. If the Commission finds the petition to be insufficient, it may dismiss the petition. If the Commission finds upon the record of the hearing that the petition is sufficient, it shall immediately:

(1)

Define the proposed bargaining unit and determine which public employees shall be qualified and entitled to vote at any election held by the Commission;

(2)

Identify the public employer or employers for purposes of collective bargaining with the bargaining agent;

(3)

Order an election by secret ballot, the cost of the election and any required runoff election to be borne equally by the parties, except as the Commission may provide by rule. The Commission's order assessing costs of an election may be enforced pursuant to the provisions of this subchapter.

(b)

Where an employee organization is selected by a majority of the employees voting in an election, the Commission shall certify the employee organization as the exclusive collective bargaining representative of all employees in the unit.

(c)

In any election in which none of the choices on the ballot receives the vote of a majority of the employees voting, a runoff election shall be held according to rules promulgated by the Commission.

(d)

No petition may be filed seeking an election in any appropriate bargaining unit to determine the exclusive bargaining agent if a representation election has been conducted within the preceding twelve-month period. Furthermore, if a valid collective bargaining agreement covering any of the employees in a proposed unit is in effect, a petition for certification may be filed with the Commission only during the period extending from one hundred fifty (150) days to ninety (90) days immediately preceding the expiration date of the agreement, or at any time subsequent to its expiration date but prior to the effective date of any new agreement. The effective date of a collective bargaining agreement means the date of ratification by both parties, if the agreement becomes effective immediately or retroactively; or its actual effective date, if the agreement becomes effective after its ratification date.

(4)

In defining a proposed bargaining unit, the Commission shall take into consideration:

(a)

The principles of efficient administration of government;

(b)

The number of employee organizations with which the employer might have to negotiate;

(c)

The compatibility of the unit with the joint responsibilities of the public employer and public employees to represent the public;

(d)

The power of the officials of government at the level of the unit to agree or make effective recommendations to other administrative authority or legislative body with respect to matters of employment upon which the employee desires not to negotiate.

(e)

The organizational structure of the public employer.

(f)

Community of interest among the employees to be included in the unit, considering:

(1)

The manner in which wages and other terms of employment are determined.

(2)

The method by which jobs and salary classification are determined.

(3)

Interdependence of jobs and interchange of employees.

(4)

Desires of the employees.

(5)

The history of employee relations within the organization of the public employer concerning organization and negotiation, and the interest of the employees and the employer in the continuation of a traditional, workable, and accepted negotiation relationship.

(g)

The statutory authority of the public employer to administer a classification and pay plan.

(h)

Any other factors and policies as the Commission may deem appropriate, provided that no unit shall be established or approved for purposes of collective bargaining which includes both professional and nonprofessional employees unless a majority of each group votes for inclusion in that unit.

(5)

(a)

Any employee or group of employees who no longer desires to be represented by the certified bargaining agent may file with the Commission a petition to revoke certification. The petition shall be accompanied by dated statements, signed by at least thirty (30) percent of the employees in the unit, indicating that the employees no longer desire to be represented for purposes of collective bargaining by the certified bargaining agent. The time of filing the petition shall be governed by the provisions of subsection (B)(3)(d) of this Section, relating to petitions for certification. Any employee or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation, or are otherwise invalid, shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition. The Commission or one of its designated agents shall investigate the petition to determine its sufficiency. If the Commission finds the petition to be insufficient it may dismiss the petition. If the Commission finds that the petition is sufficient, it shall immediately:

(1)

Identify the bargaining unit and determine which public employees shall be qualified and entitled to vote in the election held by the Commission;

(2)

Identify the public employer or employers;

(3)

Order an election by secret ballot, the cost of the election to be borne equally by the parties, except as the Commission may provide by rule. The Commission's order assessing costs of an election may be enforced pursuant to the provisions of this subchapter;

(b)

If a majority of the employees voting in the election vote against the continuation of representation by the certified bargaining agent, the certification of the employee organization as the exclusive bargaining agent for the employees in the bargaining unit shall be revoked.

(c)

If a majority of the employees voting in the election do not vote against the continuation of representation by the certified bargaining agent, the certification of the employee organization as the exclusive bargaining agent for the employees in the unit shall be retained by the organization.

(Code 1980, § 20-9; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 70-79, passed 10/8/79; Am. Ord. No. 77-79, passed 12/10/79; Am. Ord. No. 3-89, passed 1/24/89)