TALLAHASSEE — An administrative legislation judge Friday turned down a challenge by law enforcement and firefighter unions to the way the point out is carrying out a new regulation that put extra restrictions on unions representing government workers.
Judge Robert Cohen issued a 33-web page buy dismissing the challenge filed in July by the Florida Law enforcement Benevolent Affiliation and later on joined by the Florida Qualified Firefighters, the Teamsters and the Fraternal Purchase of Law enforcement.
The controversial law, authorised this spring by Gov. Ron DeSantis and the Republican-controlled Legislature, features limitations this sort of as stopping union dues from remaining deducted from community workers’ paychecks. But it exempted unions representing law-enforcement officers, correctional officers and firefighters from the constraints.
The general public safety unions, even so, challenged guidelines that the Florida Community Staff members Relations Fee formulated to have out the regulation. They stated the principles would improperly use the limitations to bargaining units designed up of civilian staff – such as dispatchers and 911 operators – represented by the regulation enforcement and firefighter unions.
The problem contended the exemptions from the restrictions were being intended to use to all personnel represented by general public-security unions – not just regulation-enforcement officers, correctional officers and firefighters.
“In an clear disregard for and in contravention of the basic and unambiguous language of the exemptions … the proposed rules impermissibly limit the scope of the exemptions based mostly on the classification of customers inside of personal ‘bargaining units’ somewhat than implementing the exemptions to the worker group as a full,” the PBA’s lawyers wrote in the problem. “Less than the proposed guidelines, the PBA and the members of the particular person bargaining models comprised only of civilians, would not be exempt.”
But Cohen on Friday backed the General public Staff members Relations Fee, stating it did not overstep its legal authority and that the rules had been not “arbitrary or capricious.”
“It is undisputed that civilian personnel who assist and work intently with law enforcement and firefighters, this kind of as dispatchers, EMTs, paramedics and helicopter pilots are vital to the success of these legislation enforcement and firefighting organizations,” Cohen wrote. “The Florida Legislature could have especially exempted these staff by very clear and unambiguous language but chose not to do so. As critical as these staff are to the efficiency of regulation enforcement and firefighter obligations, the PBA and the intervenors (the other community security unions) would be well served by approaching the Legislature to make clear or amend (the legislation) to include things like these kinds of vital staff in the coming session.”
The case at the state Division of Administrative Hearings was one particular of at least 4 problems filed by unions to the new regulation. The other folks had been filed in condition and federal courts by unions representing educators and municipal employees. So far, none of the problems have resulted in blocking the regulation.
In addition to preventing dues from currently being deducted from workers’ paychecks, the regulation involves union customers to fill out new governing administration-worded membership varieties and will need unions to be recertified as bargaining agents if much less than 60 per cent of eligible staff are customers.
Supporters of the adjustments reported they would bring a lot more transparency for union associates. But opponents accused the Legislature of “union busting.”
GOP lawmakers had been extensively seen as exempting general public basic safety unions from the constraints simply because organizations this kind of as the PBA and the firefighters union have supported DeSantis and other Republicans politically. Meanwhile, for illustration, teachers’ unions have been among DeSantis’ greatest critics.
