SCS/SB 806 - This act requires an election to be conducted every two years to certify the exclusive bargaining representation of a collective bargaining unit. Such election shall be conducted by the State Board of Mediation or any other entity that is designated by the Board. Each election shall be paid for by a filing fee assessed to employee associations seeking to be elected as the exclusive representative. Such fee is assessed based upon the overall membership of the bargaining unit. Elections may be conducted in-person, by mail, by telephone, by internet-based system, or any other means determined by the Board to be fair and reliable. Elections shall last for a period of at least one week.
If an employee association fails to receive votes from a majority of the members of a bargaining unit, the Board shall decertify the representative. If a representative is decertified, the affected employees may not be included in a substantially similar collective bargaining unit for twelve months from the date of decertification.
The act also requires employee associations that represent employees in a meeting concerning a labor agreement and collect money from an employee to file initial and annual reports. Initial reports must contain, among other information, the constitution and bylaws of the association and must be filed within 90 days of the formation of the association, or in the case of current employee associations no later November 27, 2015. Annual reports are required to detail the financial conditions and operations of the association during the preceding fiscal year and shall be filed no later than 90 days following the end of the association's fiscal year.
Any employee association that fails to comply with the reporting requirements of this act shall refund all monies collected from employees during such period, be decertified as exclusive representative, and have all labor agreements between the association and a public body immediately rescinded and invalidated. The Board is given the authority to investigate into whether or not any person has violated any reporting requirements.
All reports filed with the Board shall be considered a public record and also available to each employee that is represented by the employee association. Employee associations are further required to retain all records pertaining to the aforementioned reports for a minimum of five years after the filing of the documents.
The act prohibits any labor agreement from lasting longer than three years.
This act contains a severability clause.
This act is substantially similar to HB 1722 (2016) and similar to SB 549 (2015) and certain provisions contained in SB 126 (2015) and HB 46 (2015).
SCOTT SVAGERA