The constitutionality of a new law enacted by Gov. DeSantis last week is being challenged by the Florida Education Association and three sister unions.
The complaint was filed against Senate Bill 256 on May 9 in the U.S. District Court for the Northern District of Florida, Gainesville Division alleging that it violates educators’ rights to freedom of speech and association under the First Amendment and equal protection of laws under the 14th Amendment of the U.S. Constitution.
“The Act imposes a variety of draconian restrictions on the Governor’s union opponents — including by compelling them to deliver a government drafted script on their union membership cards with which they fundamentally disagree — while leaving unions that supported the Governor free to conduct their affairs in accordance with ordinary labor relations principles of long-standing,” wrote Attorney Martin F. Powell in the complaint on behalf of the unions.
Alachua County Education Association, United Faculty of Florida-University of Florida, United Faculty of Florida, and the FEA want the Court to enjoin the defendants from implementing and enforcing provisions of SB 256 because they allegedly impose significant harms on disfavored unions while exempting favored unions such as law enforcement, corrections, and firefighter employees who have supported Gov. DeSantis.
“Strategically they picked a good district to file in, which certainly wasn't done by accident,” said Rusty Brown, southern director of the Freedom Foundation, a union watchdog. “There's a real good chance they will have a judge that will probably agree with them, at least to start with, but it is unlikely to hold up in the long run.”
SB 256 outlaws requiring the state to deduct union dues, restricts the freedom of educators and other working people to join unions, forces local unions to undergo monitoring, and requires that an arbitrary 60% supermajority of eligible employees pay dues in order for a union to exist.
“Dues will no longer be deducted from their paycheck along with Medicare, Medicaid, Social Security, and taxes,” Brown told the Florida Record. “Union dues don't belong on there anyway. The state should not be collecting money on behalf of private organizations anymore. Unions can just call their members and get their credit card information, their bank account and have it set up as a direct payment that way if they would like to.”
Defendants include Donald J. Rubottom, chair of the Florida Public Employees Relations Commission, Jeff Aaron, commissioner of the Florida Public Employees Relations Commission, and Michael Sasso, commissioner of the Florida Public Employees Relations Commission.
"Without a law, when you vote a union in, they're your union forever, which means your relationship with your employer is now non-existent because you have a middleman in between, like a divorce lawyer so, you're not communicating directly anymore," Brown added. "They legally speak for you or your employer. The employer can't legally recognize you the way they would like to. Your pay and benefits and everything are now determined by your collective bargaining agreement, which is decided on by your union."