Labor and employment law can affect lawyers in any practice area. Issues can arise from client matters or even at the lawyer’s own workplace. These issues can be especially complicated in public employment settings due to additional constitutional and statutory limitations. This article focuses on unfair labor practices in the public sector, providing a basic understanding of the law and common charges. In Florida, the right to work is protected by the state constitution. In 1968, a rule was added to the Florida Constitution about public employees. It took a while and some legal battles, but in 1973, the Florida Legislature passed a law called the Public Employees Relations Act (PERA). This law was meant to make sure that public employees and the government work together well, and to solve any problems that come up. A special group called the Public Employees Relations Commission (PERC) was created to help with this. PERC has three people appointed by the governor, and they help solve any disagreements between public employees and the government. When someone files a complaint against their employer or union for unfair labor practices, the commission has to first review the complaint to see if it has enough evidence to go to a hearing. The complaint has to clearly state what the problem is and provide evidence to support it. In 2012, the Florida Supreme Court made it easier for complaints about retaliation to be considered sufficient for a hearing. This means more complaints are likely to be allowed to go to a hearing. If you think your employer treated you unfairly, you have to file a complaint within six months of when it happened. Your complaint has to be signed and notarized, or have sworn statements from people who know what happened. You can’t use multiple procedures to complain about the same issue. After a group of employees is chosen to represent all the employees, the employer and the employees’ group will talk about their work rules in a written agreement. The law says that when employees and their employer want to talk about things like pay and working conditions, they have to do it in a fair way. If they don’t, they can get in trouble for not negotiating in good faith. If they can’t agree on something, they can call it an impasse and follow a specific process to try to resolve it. If the employer makes changes to pay or working conditions without talking to the employees’ representatives first, they can get in trouble for that, too. And if they’re working on their first agreement, they still have to follow the rules that were in place before they started talking about a new agreement. The commission often deals with charges that a public employer has treated an employee unfairly because the employee exercised their rights under the law. To prove this, the employee must show that their actions were protected and that their actions influenced the employer’s decision. If the employer had a nonpermissible reason for their actions, they must prove that they would have made the same decision regardless. However, many charges don’t pass the first part of the test because the employee was acting for their own benefit, not for the benefit of their fellow employees. Employees who have an official role in the employee organization have a better chance of proving their case. If an employer disciplines an employee who engaged in protected activity, they should be careful and have good reasons for their actions. The law says that public employers and employee organizations have to have a way to solve problems between them, called a grievance procedure. This process must end with a decision made by a neutral person both sides agree on. If an employer refuses to discuss a problem in a fair way, it could be considered breaking the law. When a complaint is made about this, the person complaining has to show that the problem is related to the collective bargaining agreement and that the employer didn’t let them use the grievance process properly. Unfair labor practice charges are common because there is a strong bias towards sending even questionable grievances to arbitration, instead of the commission. Employers may be charged with unfair labor practices if they deny an employee’s right to have a representative present during disciplinary meetings. This right is called the Weingarten right, and it allows employees to have a representative if they believe the meeting could lead to discipline. The commission has expanded the right to representation for employees in a union, even if they’re not members. If an employer doesn’t let an employee have a representative present, they might get in trouble.
Another common charge against a union is not providing fair representation to all employees in the union. This only applies to certain matters that the union has control over, like negotiating an agreement or solving problems through the grievance process. It’s considered a violation if the union acts unfairly, discriminates, or acts in bad faith. If an employee disagrees with how the union handled their problem, it doesn’t necessarily mean the union did something wrong. If someone proves that their employer did something unfair, the commission can make the employer stop and not do it again. The commission can also make the employer put up a notice about the unfair behavior. If the employee was fired or disciplined unfairly, the commission can make the employer take back the discipline and give the employee their job back. The employee might also get paid for the time they missed work. If the employer changed things like wages or hours without talking to the employees, the commission can make them change things back. If either side wasn’t fair in negotiating, the commission can make them start negotiating again. Unfair labor practices in the public sector can lead to disputes between employees and the government. The Florida Public Employees Relations Act provides a way to resolve these disputes, including awarding attorneysâ fees to the winning side. The goal is to balance the rights of public employees to negotiate with the government while making sure that government operations are not disrupted. Resolving these disputes quickly and fairly helps keep a good relationship between the government and its employees. In 1968, the Florida Supreme Court said that public employees have the right to bargain collectively, just like private employees. They said the legislature should make laws about this. In 1972, they warned that if the legislature didn’t act, the court would make their own rules. The laws about this are in the Florida Statutes Chapter 447 (PERA). These laws haven’t changed much. The Public Employees Relations Commission (PERC) enforces these laws, and there have been some court cases about it. If there’s a disagreement during bargaining, the process for resolving it is in the law. The text provides a list of court cases and statutes related to management rights in labor and employment law in Florida. It also includes a disclaimer that the views expressed are the author’s own and not the official position of the commission he works for. The column is submitted on behalf of the Labor and Employment Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/unfair-labor-practices-in-floridas-public-sector-workplaces/
Leave a Reply