Orlando Criminal Lawyer
call for a free
consultation

Florida Teachers Unions Sue over Violation of Constitutional Rights

FlagGavel

On July 2nd, a group of Florida teachers and teacher organizations sued over a new union certification law that went into effect, arguing that it deprived them of their collective bargaining rights, as guaranteed in the Florida constitution. According to the teachers, their organizations were unfairly signaled out for these certification measures, while other organizations that rely on collective bargaining for employees were not.

Specifically, the teachers claim that the new law directly interferes with the ability for teachers’ associations to obtain eligible teachers to join, which then leaves the association potentially facing decertification (and thus no longer being able to collectively bargain on behalf of local teachers). They also argued that the labor issue was improperly injected into the bill, even though it had nothing to do with other elements of the measure, which could open it up to a court killing those labor-related aspects of the measure.

Your Rights under the Florida Constitution

The Florida Constitution guarantees equal protection under Article I, Section II. According to the complaint, the legislature has singled out members of certain staffers within the public school boards to be treated differently than all other classes of public employees. As plaintiffs, the teachers are seeking a determination that the new law was enacted in violation of the “single subject” rule of Article III, Section 6 of the Florida Constitution (that portion of the law treats K-12 instructional bargaining units differently than all other classes of public employees in violation of equal protection requirements), and that their right to exercise their collective bargaining rights have been violated.

Florida’s right to bargain collectively is based on Section 6 of the state constitution, which states that the right of persons to work and employees to bargain collectively shall not be denied or abridged on account of membership or non-membership in any labor union. There must be a compelling state interest implemented by the least restrictive means to justify denying or abridging these rights.

In addition, the Florida Constitution also dictates that “every law shall embrace but one subject and matter properly connected.” The teachers thus argue that the new law contains multiple subjects that have little relationship to one another and no relationship whatsoever to the recertification requirement contained in the new law, and there exists no logical or natural connection amongst the various provisions.

Orlando Civil Rights Lawyer

You are afforded certain rights under the Florida and U.S. Constitution, and that includes the right to equal protection and the right to collective bargaining. If your rights have been violated in Florida, contact the Baez Law Firm to find out how we can help ensure that justice is done for you and your family.

Resources:

tampabay.com/florida-politics/buzz/2018/07/02/teachers-unions-sue-perc-commissioners-over-floridas-union-busting-law/

leg.state.fl.us/statutes/index.cfm?submenu=3

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

40 SW 13th St, Suite 901
Miami, FL 33130
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

23 South Osceola Avenue
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

Captcha Image

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2018 Baez Law Firm. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab Contact Form Tab