FAMU faculty union sues state over law making it tougher to certify membership

Florida A&M University's dues-paying union members have fallen short of the state's new certification threshold, which has led the FAMU faculty union to sue the state as it goes through recertification.

As a result of Senate Bill 256 – a law requiring public unions to cross a 60% membership threshold and ending paycheck deductions for union dues – the United Faculty of Florida and its FAMU chapter filed the complaint in Leon County Circuit Civil court against the Public Employees Relations Commission (PERC) last month.

The action came after the FAMU union chapter recorded that 56.6% of the university's faculty paid their dues, which fell short of the state's 60% requirement. Critics have said the intent behind the law is union busting .

In the complaint, the union asks that the Florida law be declared unconstitutional, among other things: "That 56.6% dues-payment rate was a clear majority of eligible employees in the bargaining unit but below the 60% supermajority threshold imposed by SB 256," the complaint says .

Other FAMU news: FAMU business school Dean Friday-Stroud transitions to faculty role; interim is named

The new law that regulates unions was signed by Gov. Ron DeSantis and went into effect in July, and its 60% threshold is compared to the initial 50% requirement. If the new standard is not met, the union is decertified.

In addition, the legislation requires unions to submit an annual registration renewal application that must include an annual audited financial statement.

At Florida State University , UFF-FSU President and music Professor Matthew Lata said in February that the university's union hit the 60% threshold – meaning that at least 1,620 members met the new requirement out of FSU's faculty count of over 2,700.

But out of 505 employees eligible for representation in the FAMU faculty union's unit, 286 employees paid dues to the labor organization while 219 did not pay dues, which led to the 56.5% dues-payment rate, according to a UFF report.

While a lawsuit was recently filed by FSU and the University of Florida's faculty unions against their university Board of Trustees and the Florida Board of Governors to address a post-tenure review law's independent arbitration ban , the FAMU faculty union's case is different as it has to do with complaints about the new union membership requirements.

Circuit Judge Jonathan Sjostrom was assigned to handle the complaint on Aug. 29 and a summons was also issued, followed by other steps for the complaint to move forward such as required payments on Sept. 9, according to court dockets.

Related news: Florida faculty unions sue higher education leaders over new employment arbitration ban

PERC faces opposition from union members

PERC, a Florida state agency, adopts and enforces regulations related to bargaining units. On top of the Florida law's new union regulations and restrictions, it requires union members to sign a PERC membership authorization form .

But union members such as FAMU Professor James Muchovej – a faculty union spokesperson and a plaintiff listed in the complaint along with the UFF and the FAMU chapter of the statewide labor organization – did not sign the form and "does not plan to sign it," according to the complaint, due to objections about the form's language.

Muchovej was not immediately available for comment Tuesday.

The Education Association of Saint Lucie (EASL) – which also experienced a dues-payment rate lower than the Florida law's standard with a 57% rate – is another plaintiff in the complaint, along with Eric Graff, a certificated teacher employed by the School Board of St. Lucie County and a member of the EASL Classroom Teacher bargaining unit who also decided not to sign the required PERC form.

The complaint states that both Muchovej and Graff object to the description of Florida in the PERC form as "a right-to-work state."

"'Right to work' is a slogan created by opponents of labor unions to describe the system by which some employees are permitted to freely ride on the financial support of union members like Muchovej and Graff, who have chosen to financially support their unions," the complaint says.

"Plaintiff Muchovej and Plaintiff Graff also object to the form's statements overall because they are designed to disincentivize people from joining the union."

Faculty union asks for PERC to take 'imminent' steps

UFF submitted a petition to the PERC in April – which was signed by 193 FAMU faculty union members – for recertification of the university's union. But the agency has not taken any action.

"As of the date of this complaint, PERC has not issued an order scheduling a certification election in the UFF-FAMU unit, or otherwise acted on the UFF-FAMU petition filed on or about April 4, 2024," the complaint says. "Issuance of an order scheduling an election among the UFF-FAMU unit is a ministerial task ... and therefore both foreseeable and imminent."

The UFF, FAMU faculty union and the union members, listed as plaintiffs in the complaint, are demanding a jury trial.

Contact Tarah Jean at  tjean@tallahassee.com  or follow her on X:  @tarahjean_ .

This article originally appeared on Tallahassee Democrat: FAMU faculty union sues state over law clamping down on labor groups