The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

View Entire Chapter

F.S. 447.307

447.307 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 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 part, 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 subparagraph (4)(f)5. of this section, the commission shall, in the absence of inclusion of a prohibited category of employees or violation of s. 447.501, 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 30 percent of the employees in the proposed unit, indicating that such 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 section may be permitted by the commission to intervene in the proceeding upon motion accompanied by dated statements signed by at least 10 percent of the employees in the proposed unit, indicating that such employees desire to be represented for the purposes of collective bargaining by the moving employee organization. The petitions and dated statements signed by the employees are confidential and exempt from the provisions of s. 119.07(1), except that 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. Such 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 said 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 part.

(b) When 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. Certification is effective upon the issuance of the final order by the commission or, if the final order is appealed, at the time the appeal is exhausted or any stay is vacated by the commission or the court.

(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 proposed or existing appropriate bargaining unit to determine the exclusive bargaining agent within 12 months after the date of a commission order verifying a representation election or, if an employee organization prevails, within 12 months after the date of an effective certification covering any of the employees in the proposed or existing bargaining unit. 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 150 days to 90 days immediately preceding the expiration date of that 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 another administrative authority or to a legislative body, with respect to matters of employment upon which the employee desires 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 classifications are determined.

3. The interdependence of jobs and interchange of employees.

4. The 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) Such other factors and policies as the commission may deem appropriate.

However, 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 such unit.

History.—s. 3, ch. 74-100; s. 12, ch. 77-343; s. 2, ch. 79-100; s. 16, ch. 91-269; s. 1, ch. 92-17; s. 300, ch. 96-406.

F.S. 447.307 on Google Scholar

F.S. 447.307 on Casetext

Amendments to 447.307

Arrestable Offenses / Crimes under Fla. Stat. 447.307

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.307.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF MARATHON, v. PROFESSIONAL FIREFIGHTERS OF MARATHON, INC. LOCAL INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,, 946 So. 2d 1187 (Fla. Dist. Ct. App. 2006)

. . . In support of the petition, and in accordance with section 447.307(2), Florida Statutes (2005), Local . . . See § 447.307(3)(b), Fla. . . . See § 447.307, Fla. Stat. (2005). . . . . § 447.307(3), Fla. Stat. (2005). . . . . § 447.307(2), Fla. Stat. (2005). . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, AFL- CIO, v. JACKSONVILLE EMPLOYEES TOGETHER,, 738 So. 2d 489 (Fla. Dist. Ct. App. 1999)

. . . JET is seeking authorization under section 447.307, Florida Statutes (1997), to represent employees of . . .

CITY OF SAFETY HARBOR, v. COMMUNICATIONS WORKERS OF AMERICA, 715 So. 2d 265 (Fla. Dist. Ct. App. 1998)

. . . .” § 447.307(4)(h), Fla. Stat. (1995). I. . . . I concur in remanding with directions that another election be conducted in conformity with section 447.307 . . .

FLORIDA ASSOCIATION OF STATE TROOPERS, v. STATE, 681 So. 2d 920 (Fla. Dist. Ct. App. 1996)

. . . See § 447.307(4), Fla. Stat. (1993); Fla. Admin. Code Rule 38D-17.022. . . .

FORT LAUDERDALE POLICE LODGE NO. FRATERNAL ORDER OF POLICE, v. CITY OF FORT LAUDERDALE, AFSCME,, 639 So. 2d 181 (Fla. Dist. Ct. App. 1994)

. . . The hearing officer also applied section 447.307(4)(f), Florida Statutes. . . . Under section 447.307(4)(f), community of interest factors include the manner in which wages and benefits . . . The same criteria set forth in section 447.307(4)(f) showed a lengthy bargaining history and less of . . . In discussing whether FOP’s petition was "contract barred” under section 447.307(d), Florida Statutes . . .

STATE CHILES, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 630 So. 2d 1093 (Fla. 1994)

. . . 23, 1993, the State Employees Attorneys Guild (SEAG) filed a petition with PERC, pursuant to section 447.307 . . . Under section 447.307, Florida Statutes (1991), PERC is required to process the representation-certification . . .

CITY OF ORLANDO, v. CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION,, 595 So. 2d 1087 (Fla. Dist. Ct. App. 1992)

. . . Section 447.307(3)(d), Fla.Stat. (1989). . . . The second way is through the statutorily authorized method contained in section 447.307. . . . Orlando argues that the time limitations of section 447.307(3)(d), provide important safeguards to the . . . be filed and section 447.307(3)(a) sets forth PERC authority upon the filing of such a petition. . . . Section 447.307(3)(d) provides limited time periods when a representation certification petition may . . . It refused to hold the redocketing was time-barred by section 447.307(3)(d). . . . petition, can be amended or redocketed and given a relation-back effect to avoid the time bar of section 447.307 . . .

CITY OF BOYNTON BEACH, v. STATE PUBLIC EMPLOYEES RELATIONS COMMISSION,, 543 So. 2d 403 (Fla. Dist. Ct. App. 1989)

. . . . § 447.307, Fla. . . .

AMALGAMATED TRANSIT UNION, LOCAL AFL- CIO- CLC, v. INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL, 497 So. 2d 665 (Fla. Dist. Ct. App. 1986)

. . . ATU filed exceptions to the proposed order, arguing that the “contract bar rule” of section 447.307(3 . . . PERC concluded that a literal reading of section 447.307(3)(d) is untenable in the instant situation . . . That view is bolstered by other statutory provisions, such as 447.307(2), which provides: If the public . . . Considering the provisions of sections 447.-207(6) and 447.307(2), as well as other provisions of chapter . . . 447, PERC acted within its powers in resolving all of the issues which arose from the section 447.307 . . .

LEON COUNTY POLICE BENEVOLENT ASSOC. INC. v. CITY OF TALLAHASSEE, 491 So. 2d 589 (Fla. Dist. Ct. App. 1986)

. . . In receding from that recent precedent, PERC noted that section 447.307(4), Florida Statutes, lists various . . . Section 447.307(4), Florida Statutes, lists various criteria for PERC’s consideration in defining proposed . . . Characterizing this factor as “only one of several,” PERC noted that section 447.307(4) requires consideration . . . of other factors, particularly the “community of interest” criteria contained in section 447.307(4)( . . . Section 447.307(4), Florida Statutes, provides that: In defining a proposed bargaining unit, the Commission . . .

SOUTHEAST VOLUSIA HOSPITAL DISTRICT, d b a v. NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, RWDSU, AFL- CIO,, 429 So. 2d 1232 (Fla. Dist. Ct. App. 1983)

. . . The issue in this case is whether section 447.307 of the Public Employees Relations Act permits simultaneous . . . Section 447.307(4), Florida Statutes (1981). . . . The Hospital contends that PERC misinterpreted section 447.307, Florida Statutes (1981), by requiring . . . The provisions of this section pertinent to the issue are as follows: 447.307(3)(a) [I]f the commission . . . defining a proposed unit when the employer refuses to recognize the organization. §§ 447.-307(l)(a); 447.307 . . .

A. GALBREATH, v. SCHOOL BOARD OF BROWARD COUNTY,, 424 So. 2d 837 (Fla. Dist. Ct. App. 1982)

. . . both cases turned upon the well-established principal of exclusive representation embodied in Section 447.307 . . .

CITY OF ORLANDO, v. ORLANDO PROFESSIONAL FIRE FIGHTERS, LOCAL IAFF, CITY OF ORLANDO, v. ORLANDO PROFESSIONAL FIRE FIGHTERS, LOCAL IAFF,, 412 So. 2d 406 (Fla. Dist. Ct. App. 1982)

. . . See § 447.307(3)(d), Fla.Stat. (1979). . . .

CITY OF TALLAHASSEE, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 410 So. 2d 487 (Fla. 1981)

. . . .-203(3), 447.209, 447.303, 447.307(3)(b), 447.-401, and 447.509), the City argues that under the district . . .

SCHOOL BOARD OF POLK COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION,, 399 So. 2d 520 (Fla. Dist. Ct. App. 1981)

. . . Compare section 447.307, Florida Statutes (1979), with 29 U.S.C. section 159 (1970). . . .

In CITY OF OCALA, v. MARION COUNTY POLICE BENEVOLENT ASSOCIATION, No., 392 So. 2d 26 (Fla. Dist. Ct. App. 1980)

. . . . § 447.307(l)(a), Florida • Statutes (1975). . . . Beach Junior College, 4 FPER 4069, supra, PERC stated: Under the statutory plan set forth in Section 447.307 . . .

CITY OF OCOEE, v. CENTRAL FLORIDA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL IAFF,, 389 So. 2d 296 (Fla. Dist. Ct. App. 1980)

. . . is not supported by the record because PERC failed to consider seven criteria delineated in section 447.307 . . .

MANATEE COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION AFSCME, AFL- CIO,, 387 So. 2d 446 (Fla. Dist. Ct. App. 1980)

. . . In Orange County P.B.A. and City of Sanford, 4 FPER § 4119 (1978), the Commission held: Section 447.307 . . . The Commission, not the parties, is mandated by Section 447.307(3) to define appropriate bargaining units . . . evidence on the CETA issue was forever foreclosed by PERC’s assertion of paramount right, under Section 447.307 . . . (1), Florida Statutes, and “non-voluntary certification petitions” under Section 447.307(2), et seq., . . . need for evidence on other matters in order for PERC to carry out its responsibilities under Section 447.307 . . .

BOARD OF REGENTS v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 368 So. 2d 641 (Fla. Dist. Ct. App. 1979)

. . . Florida, filed petition for a writ prohibiting PERC from holding an evidentiary hearing pursuant to § 447.307 . . .

JESS PARRISH MEMORIAL HOSPITAL, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION No., 364 So. 2d 777 (Fla. Dist. Ct. App. 1978)

. . . a certification petition was filed by the employee organization with PERC, as authorized by Section 447.307 . . .

CITY OF PANAMA CITY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 363 So. 2d 135 (Fla. Dist. Ct. App. 1978)

. . . Access to authorization cards is limited by Section 447.307(2), and an employer, employee or employee . . .

SCHOOL BOARD OF PINELLAS COUNTY, a v. STATE PUBLIC EMPLOYEES RELATIONS COMMISSION No., 354 So. 2d 909 (Fla. Dist. Ct. App. 1978)

. . . Section 447.307, Florida Statutes (1975). . . .

UNITED FACULTY OF FLORIDA FEA UNITED, AFT- AFL- CIO v. BRANSON BRANSON v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 350 So. 2d 489 (Fla. Dist. Ct. App. 1977)

. . . Section 447.307(2), Florida Statutes (1975). . . . Section 447.307(2). . . . Petitioners’ demand for inspection of signature cards submitted by UFF pursuant to Section 447.307(2) . . . Section 447.307(3). . . . Section 447.307(3)(a). . . .

CITY OF WINTER PARK, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 349 So. 2d 224 (Fla. Dist. Ct. App. 1977)

. . . . § 447.307. . . .

SCHOOL BOARD OF MARION COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION SCHOOL BOARD OF MARION COUNTY, v. DISTRICT COUNCIL INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, 341 So. 2d 819 (Fla. Dist. Ct. App. 1977)

. . . (1), Florida Statutes, nor been refused recognition by the Board as required by Section 447.307(2), Florida . . . We note an apparent inconsistency between Sections 447.305(1) and 447.307(2), Florida Statutes (1975) . . . It contained consistent provisions paralleling Sections 447.305(1) and 447.307(2) of the 1974 legislation . . . A 1973 version of the proposed act provided, as does present Section 447.307(2), Florida Statutes (1975 . . . Therefore we decline to give Section 447.307(2) the literal construction urged by the Board. . . .

STATE CITY OF BARTOW, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 341 So. 2d 1000 (Fla. Dist. Ct. App. 1976)

. . . Sec. 447.307(2), F.S. 1975; School Board of Marion County v. Public Emp. Rel. . . .

AMALGAMATED TRANSIT UNION, LOCAL v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 344 So. 2d 319 (Fla. Dist. Ct. App. 1976)

. . . Sec. 447.307(2), F.S.1975. . . . in broadly defining the bargaining unit, misapplied the criteria for bargaining units set forth in § 447.307 . . .

LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL v. PUBLIC EMPLOYEES RELATIONS COMMISSION AFSCME, AFL- CIO,, 336 So. 2d 450 (Fla. Dist. Ct. App. 1976)

. . . referred to as AFSCME) sought the conduct of an election within a unit of state employees pursuant to § 447.307 . . .

SCHOOL BOARD OF MARION COUNTY, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 334 So. 2d 582 (Fla. 1976)

. . . cards signed by at least 30% of the employees in the proposed bargaining unit, as required by Section 447.307 . . . The School Board argues that Sections 447.307(2) and 119.01, Florida Statutes (1975), give employers . . . Section 447.307, in contrast, embraces more than a rule of administrative convenience in the scheme of . . . Compare 29 U.S.C. § 159 (1970), with § 447.307(2), Fla.Stat. (1975). . NLRB v. J. I. . . . To this extent Section 447.307 (2) may actually operate as an exemption to Section 119.01, as recognized . . .

SCHOOL BOARD OF SARASOTA COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION,, 333 So. 2d 95 (Fla. Dist. Ct. App. 1976)

. . . Section 447.307(3) (a)(1) (1975) and Section 8H-3.25 of the Commission Rules and Regulations, the Commission . . .

PANAMA CITY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION,, 333 So. 2d 470 (Fla. Dist. Ct. App. 1976)

. . . Secs. 447.307(3) (b), .309(1), F.S.1975. . . . Sec. 447.307(3) (d), F.S.1975. The prayer of the petition for rehearing is denied. . . .

SCHOOL BOARD OF MARION COUNTY, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 330 So. 2d 770 (Fla. Dist. Ct. App. 1976)

. . . organization or not, the Commission’s duty is to evaluate the proposed unit by criteria listed in § 447.307 . . . Thus, although § 447.307(1) protects the integrity of voluntary agreements, the Commission retains power . . . Sec. 447.307(4)(c), (f), F.S. . . . Sec. 447.307(1), F.S: The Board thus impermissibly abrogated the agreement between employer and employee . . . See. 447.307(4) forbids, except by mutual consent, the marriage in a single unit of professional and . . . (F.S. 447.307(2)) PERC has not formulated the equivalent of 8H-2.10 in situations where a petition is . . . filed pursuant to F.S. 447.-307(2), apparently feeling that F.S. 447.307 (3) adequately describes the . . . In unmistakable terms, F.S. 447.307(1) states, “The commission shall review only the appropriateness . . . While there is no express provision in F.S. 447.307(3) stating that its provisions apply exclusively . . . to F.S. 447.307 (2), the sections detailing the method of election of an employee organization clearly . . .

CITY OF TITUSVILLE, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION,, 330 So. 2d 733 (Fla. Dist. Ct. App. 1976)

. . . The petition of PBA for certification was filed with PERC under Subsection (1) of Section 447.307, Florida . . . according to the criteria used in this part” — the criteria are set forth in Subsection (4) of Section 447.307 . . . Subsection (1) of Section 447.307 gives no authority to PERC to do other than to certify the employee . . .