You may have seen the Notice to Employees from the State of Florida Public Employees Relations Commission posted at all campuses and the center. A percentage of sworn Campus Police members petitioned to establish the Florida Police Benevolent Association (PBA) as a union representing the FSW Campus Police Department.
Your decision on whether or not to support the PBA is an important one. We realize that there may be questions regarding joining a union and whether it is right for you. The college has created this website to house a list of frequently asked questions that you may have regarding general information of unions, the process of negotiaiting and how the election/vote works so that you may make an informed decision.
As we progress through this educational period, if you have any questions or concerns, please do not hesitate to ask any of your leadership team.
Table of Contents
General Information
What does joining a union mean?
Joining a union means a 3rd party will represent union members for labor related issues concerning pay, benefits and working conditions through collective baragaining negotiations. Union members no longer have the ability to deal with management one-on-one on those issues. You may disagree with the union's decisions, but you are bound by them.
What is Collective Bargaining?
Section 447.203(14) of the Florida Statutes, as amended, states:
“Collective bargaining” means the performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith, and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this part.
Is joining the union free?
No. While the PBA may delay charging dues until a contract is ratified, there are union dues that may be $400, or perhaps more, each year out of your pocket. There may also be possible initiation fees, assessments and possible fines for violating union rules.
Under Florida law, the Union has the right to have its dues and uniform assessments deducted and collected by the employer directly from employees’ paychecks. That means the College would have to take money directly out of your paycheck to pay your Union dues, and the Union can negotiate limits on how you can revoke dues checkoff authorization.
Dues help the union pay for officials' salaries and conducting union business. Union members have no say about the amount they pay those officials, how the money is spent, and how it is allocated between the national and local union.
Are unions useful?
Unions are most impactful in agencies with poor working environments (i.e. outdated equipment, no policies or procedures, dilapidated fleet, no computers, no leadership, no training). We will be providing more details, but at the College, we have made substantial improvement in these areas in recent months, all without having a union.
What’s the average PBA President’s Salary?
While the PBA President salary was not disclosed in 2018 reported executive compensation was $724,712.
Do my dues pay for the union salaries?
Yes.
Is a union difficult to vote out?
Yes. If a contract is reached, a decertification petition can only be filed during a certain, limited time frame or only after the contract expires without a new contract taking its place. Despite that, in Florida, police officers have decertified the PBA many times after learning that PBA representation has not been in their best interests. Indeed, in the last 10 years alone, the Florida PBA has lost decertification votes 12 times.
The Process of Negotiations
Who will determine your contract proposals?
A group of “union officials” from the Florida PBA or from the PBA’s state headquarters.
Does joining a union mean I get more pay or benefits?
Not necessarily - joining a union only means you have a 3rd party represent you in negotiating with the college on pay, benefits and working conditions through collective bargaining. At the end of negotiations, you could end up with more, with less or just stay the same.
In fact, collective bargaining negotiations can sometimes take weeks, months, and sometimes years in order for a union and the College to reach a contract. Until an agreement is reached or a contract is negotiated, the College is prohibited by law from unilaterally increasing your pay or improving your fringe benefit plans, although individuals not represented by the union can receive this benefit.
Can I lose benefits?
The Union cannot guarantee all of your benefits will continue.
If the Union becomes your bargaining agent, there is no guarantee you will retain all your present benefits. Once collective bargaining begins, all of your present wages, benefits, and conditions of employment are subject to negotiation and change such as existing wages and benefits, including your assigned/take-home cars, non-rotating shifts and non-quarterly campus reassignments.
For example, if the Union demanded a wages increase, the College could propose the employees give up certain benefits, such as paid holidays, or make increased pension contributions, in order to provide the funds for the increased wages.
What happens if an agreement cannot be reached?
If an agreement cannot be reached, an impasse occurs. Florida law (Section 447.403) says a “special magistrate” will hold a hearing and then make a “recommended decision” to the representatives of the parties. Either side can reject the recommended decision, and if either side rejects it, the dispute ends up being decided by the “legislative body” - that is, the Florida Southwestern State College Board of Trustees. So whether an agreement is reached or not, the Board has the final say on wages, hours and terms of employment.
Must the Board of Trustees agree to any union demands?
The law is clear it does not have to agree to any union demands. In fact, the law states, “the legislative body [Board of Trustees] shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues….” Even if an agreement is reached, the Board can decide it will not ratify the agreement.
Authorization Card
What is a union authorization card?
An authorization card is a document expressing support for the union and requires your signature.
What does it mean if I signed an authorization card?
It means you are choosing the union to act as your representative. A union may submit these cards to PERC, and based on a card check and not an election, become your exclusive representative if it obtains a majority of signed authorization cards. If a union obtains less than a majority but more than 30% of signed authorization cards, there will be an election.
If I signed an authorization card, am I automatically a member of the union?
No. If the union is certified as your bargaining representative, you will have the option of joining the union or being represented by the union.
If I signed an authorization card, do I have to vote in favor of the union if an election takes places?
No. You are not bound to vote for the union on the basis of your signature.
If I signed an authorization card, and would like to revoke it, what should I do?
Under current PERC case law, authorization cards cannot be revoked.
The Election/Vote
How does an election actually take place and what will be my choices on the ballot?
If the union collects more than 30% of the signed authorization cards , PERC will hold an election. You will have two ballot choices:
- “No Representation” - this means you DO NOT WANT unionization
- “Police Benevolent Association (PBA)” - this means YOU DO WANT unionization
Whichever option receives a simple majority (50% plus one) of the votes cast wins. If a majority of those voting select “No Representation” you will continue to participate in the College’s personnel programs for non-represented employees.
If there is an election, is there a minimum number of employees that must vote in order to decide the outcome?
No. A majority of the employees voting determines the outcome. If only 10 people vote, then only 6 need to say yes for the PBA to win the election. They would end up deciding for every other employee in the group. This is why you should make sure to vote.
What happens if I choose not to vote?
Choosing not to vote is almost the same as a “yes” vote to be represented.
Is membership in the union required to vote in an election?
No, if your position is included in the bargaining unit, you may - and should - vote.
How can I express my opinion about whether or not I am represented by a union?
You have several options. You as an individual can make your opinions known whenever and wherever you and your coworkers gather for discussions of this type.
You can make a decision to sign an authorization card if you are in favor of having a union as your exclusive representative. You may also choose not to sign an authorization card if you are not in favor of it.
If there is an election, you can vote for union representation or you can vote against it regardless of whether you signed a union authorization card.
The Decision
Is joining a union right for me?
Ask yourself, what is my motivation for joining a union?
Is it something that the College can correct as opposed to paying a union to hopefully do it for me?
Have I addressed my concerns with the Chief first through the open-door policy?
It is important to know that the college is supportive of you and will make a concerted effort to address your needs.
Once a union is voted in, the union becomes the sole and exclusive employee representative. If a simple majority of employees who vote in the represention election (50% of voters plus one), then the college must recognize the union as the “sole and exclusive” representative for purposes of collective bargaining about wages, hours, and terms of conditions of employment. If you do not vote, the number of votes the PBA needs to represent all of you goes down, so whatever you decide, please VOTE!
Are you ok with allowing the union (and only the union)to speak with the college and negotiate or bargain with the college about your wages, hours and terms, and conditions of employment?
Individual employees represented by a union cannot legally deal directly with the college or bargain for their own wages, hours or working conditions different or better than those bargained for by the union.
If you wish to retain the ability to speak with your supervisors directly regarding wages, hours, schedules, or other working conditions, realize you will not have that ability if a union is voted in to the college.
Does FSW have an opinion about whether or not employees should be unionized?
FSW does not feel it is necessary for its police officers to be represented by the PBA, but FSW supports employees’ rights to determine for themselves whether or not they think unionization is beneficial. The College believes that its role is to make sure that you have an informed choice as you are faced with these important decisions.