Educators Cannot Strike in Florida

Watching the daily attacks on teachers and their unions unfold in Wisconsin and other states should motivate most activists to take action. But in Florida, the activist options for teachers and education staff professionals are somewhat limited.

Walking off the job or reporting to work late is not an appropriate action and it comes with harsh consequences. It is important for all FEA members to follow the law.

The state prohibits strikes and work slowdowns or stoppages. The definition of "strike" in Florida law is quite broad and contemplates ‘a concerted act or omission by employees.’ The definition includes “the concerted failure of employees to report for duty’ and ‘the concerted absence of employees from their positions.” The penalties placed on teachers and ESPs could be severe.

The prohibition against public sector employee strikes is established both in the Florida constitution and in Chapter 447.505, Florida Statutes. The Law applies the prohibition to: "public employee organizations or anyone acting in its behalf", including organizational "officers, representatives and agents". The law also prohibits instigating or supporting a strike.

The definition of "strike" states:
"Strike" means the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities.

PERC has applied the term "strike" to certain concerted activities even in the absence of withholding of service. In one instance, the unusually high number of requests for bus repairs was announced effective on the date of layoffs. PERC ruled that such action might be a concerted activity, and thus a strike, if intended to affect the terms and conditions of employment. PERC ordered an investigation to determine if this was the case.

Certain other activity, such as sick outs, may also be construed to be a strike if concerted and intended to affect terms and conditions of employment.

The law provides for severe sanctions against the employees and the union participating in a strike. PERC and/or the employer can file an injunction to stop the strike in circuit court. These types of cases are given priority as emergency cases.

In summary, the organization, even if it publicly takes a stand against a strike, can still have sanctions imposed against it for up to $20,000 per calendar day or in some instances more if it is determined that the approximate cost to the public is in excess of $20,000. Unions would have to publicly ensure that no serving union official participated in the strike.
Perhaps more importantly, employees that participate can be terminated, may only be reemployed on a probationary basis, have their salaries frozen for a year and most drastically, lose their retirement if found to have violated any state law against strikes.

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