§ 35.047. STRIKES PROHIBITED.

(A)

[Strikes Prohibited.] No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this Section shall subject the violator to the penalties provided for herein and under State law.

State Law reference— Public employees prohibited from striking, State Constitution, Art. I, § 6.

(B)

Violation of Strike Prohibition; Penalties.

(1)

Circuit courts having jurisdiction of the parties are vested with the authority to hear and determine all actions alleging violations of subsection (A) of this Section. Suits to enjoin violations of subsection (A) of this Section will have priority over all matters on the Court's docket except other emergency matters.

(2)

If a public employee, a group of employees, an employee organization, or any officer, agent or representative of any employee organization, engages in a strike in violation of division (A) of this Section, either the Public Employees Relations Commission or any public employer whose employees are involved or whose employees may be affected by the strike, may file suit to enjoin the strike in the Circuit Court having proper jurisdiction and proper venue of those actions under the Florida Rules of Civil Procedure and the State Statutes. The circuit court shall conduct a hearing with notice to the Commission and to all interested parties, at the earliest practicable time. If the plaintiff makes a prima facie showing that a violation of division (A) of this Section is in progress or that there is a clear, real, and present danger that a strike is about to commence, the circuit court shall issue a temporary injunction enjoining the strike. Upon final hearing, the circuit court shall either make the injunction permanent or dissolve it.

(3)

If an injunction issued pursuant to this Section to enjoin a strike is not promptly complied with, on the application of the plaintiff, the Circuit Court shall immediately initiate contempt proceedings against those who appear to be in violation. An employee organization found to be in contempt of Court for violating an injunction against a strike shall be fined an amount deemed appropriate by the Court. In determining the appropriate fine, the Court shall objectively consider the extent of lost services and the particular nature and position of the employee group in violation. In no event shall the fine exceed five thousand dollars ($5,000.00). Each officer, agent, or representative of an employee organization found to be in contempt of court for violating an injunction against a strike shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each calendar day that the violation is in progress.

(4)

An employee organization shall be liable for any damages which might be suffered by a public employer as a result of a violation of the provisions of division (A) of this Section by the employee organization or its representatives, officers, and agents. The circuit court having jurisdiction over those actions is empowered to enforce judgments against employee organizations, as defined in this subchapter, by attachment or garnishment of union initiation fees or dues which are to be deducted or checked off by public employers. No action shall be maintained pursuant to division (B)(4) of this Section until all proceedings which were pending before the Commission at the time of the strike or which were initiated within thirty (30) days of the strike have been finally adjudicated or otherwise disposed of. In determining the amount of damages, if any, to be awarded to the public employer, the trier of fact shall take into consideration any action or inaction by the public employer or its agents that provoked or tended to provoke the strike by the public employees. The trier of fact shall also take into consideration any damages that might have been recovered by the public employer under division (B)(6)(a)(4) of this Section.

(5)

If the Commission, after a hearing on notice conducted according to rules promulgated by the Commission, determines an employee has violated subsection (A) of this Section, it may order the termination of his employment by the public employer. Notwithstanding any other provision of law, a person knowingly violating the provision of subsection (A) of this Section may, subsequent to the violation, be appointed or reappointed, employed or reemployed, as a public employee, but only upon the following conditions:

(a)

That person shall be on probation for a period of six (6) months following his appointment or reappointment, employment or reemployment, during which period he shall serve without tenure. During this period, the person may be discharged only upon a showing of just cause.

(b)

His compensation may in no event exceed that received by him immediately prior to the time of the violation.

(c)

The compensation of the person may not be increased until after the expiration of one year from appointment or reappointment, employment or reemployment.

(6)

(a)

If the Commission determines an employee organization has violated subsection (A) of this Section it may:

(1)

Issue cease-and-desist orders as necessary to insure compliance with its order.

(2)

Suspend or revoke the certification of the employee organization as the bargaining agent of that employee unit.

(3)

Revoke the right of dues deduction and collection previously granted to the employee organization pursuant to Section 35.035.

(4)

Fine the organization up to twenty thousand dollars ($20,000.00) for each calendar day of the violation or determine the approximate cost to the public due to each calendar day of the strike and fine the organization an amount equal to the cost, notwithstanding the fact that the fine may exceed twenty thousand dollars ($20,000.00) for each calendar day. The fines so collected shall immediately accrue to the public employer and shall be used by it to replace those services denied the public as a result of the strike. In determining the amount of damages, if any, to be awarded to the public employer, the Commission shall take into consideration any action or inaction by the public employer or its agents that provoked or tended to provoke the strike by the public employees.

(b)

An organization determined to be in violation of the provisions of subsection (A) of this Section shall not be certified until one year from the date of final payment of any fine against it.

(Code 1980, §§ 20-19, 20-20; 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)

Cross reference

Penalty, § 10.99.