(1) Any employee or group of employees which no longer desires to be represented by the certified bargaining agent may file with the commission a petition to revoke certification. The petition shall be accompanied by dated statements signed by at least 30 percent of the employees in the unit, indicating that such employees no longer desire to be represented for purposes of collective bargaining by the certified bargaining agent. The time of filing said petition shall be governed by the provisions of s. 447.307(3)(d) relating to petitions for certification. Any employee or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation or are otherwise invalid shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition. The commission or one of its designated agents shall investigate the petition to determine its sufficiency. If the commission finds the petition to be insufficient, it may dismiss the petition. If the commission finds that the petition is sufficient, it shall immediately:
(a) Identify the bargaining unit and determine which public employees shall be qualified and entitled to vote in the election held by the commission.
(b) Identify the public employer or employers.
(c) Order an election by secret ballot, the cost of said election to be borne equally by the parties, except as the commission may provide by rule. The commission’s order assessing costs of an election may be enforced pursuant to the provisions of this part.
(2) If a majority of the employees voting in such election vote against the continuation of representation by the certified bargaining agent, the certification of the employee organization as the exclusive bargaining agent for the employees in the bargaining unit shall be revoked.
(3) If a majority of the employees voting in such election do not vote against the continuation of representation by the certified bargaining agent, the certification of the employee organization as the exclusive bargaining agent for the employees in the unit shall be retained by the organization.
History.—s. 2, ch. 79-100.
Structure Florida Statutes
Chapter 447 - Labor Organizations
Part II - Public Employees (Ss. 447.201-447.609)
447.201 - Statement of policy.
447.205 - Public Employees Relations Commission.
447.207 - Commission; powers and duties.
447.208 - Procedure with respect to certain appeals under s. 447.207.
447.2085 - Commission rules concerning appeals under s. 447.207.
447.209 - Public employer’s rights.
447.301 - Public employees’ rights; organization and representation.
447.303 - Dues; deduction and collection.
447.305 - Registration of employee organization.
447.307 - Certification of employee organization.
447.3075 - Law enforcement bargaining units; separate units required; establishment.
447.308 - Revocation of certification of employee organization.
447.309 - Collective bargaining; approval or rejection.
447.401 - Grievance procedures.
447.403 - Resolution of impasses.
447.405 - Factors to be considered by the special magistrate.
447.407 - Compensation of mediator and special magistrate; expenses.
447.501 - Unfair labor practices.
447.503 - Charges of unfair labor practices.
447.5035 - Enforcement of commission orders.
447.507 - Violation of strike prohibition; penalties.
447.509 - Other unlawful acts.
447.51 - Violations not a ground for municipal recall.
447.601 - Merit or civil service system; applicability.
447.605 - Public meetings and records law; exemptions and compliance.
447.607 - Commission rules; powers retained by the Legislature.