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This story was initially printed by Actual Clear Wire
By Brent Urbanik
actual clear wire
In a frantic effort to keep up their monopoly over Miami-Dade County Public Faculties, legal professionals for the union at present representing the district's greater than 24,000 academics and assist workers are counting on a technique that has the potential to backfire and It has the potential to go away its members with out office illustration. Utterly.
On March 18, the United Academics of Dade (UTD), utilizing an argument that may invalidate its personal petition, requested a listening to officer of the Florida Public Worker Relations Fee (PERC) to run within the upcoming election. Requested to reject the bid of a competing union. Bargaining consultant for the academics of South Florida.
The election is the results of a regulation handed by the state legislature final Might that requires a recertification vote for presidency worker unions whose paid membership is lower than 60 p.c of the whole bargaining unit.
The regulation stripped dozens of Florida's smaller unions of their certification within the coming months, and now UTD — one of many nation's largest academics unions — faces the identical destiny after an unbiased audit in December , which discovered that solely 56 p.c of the outlined bargaining unit had been paying. Arrears.
The recertification vote has not but been scheduled, however within the meantime a startup union known as the Miami-Dade Schooling Coalition (MDEC) has requested to have its title seem on the identical poll. On March 11, MDEC arrived at PERC's headquarters in Tallahassee with 2,564 interest-expressing playing cards – excess of was required underneath company guidelines to make sure the brand new union a spot on the poll.
Nevertheless, UTD filed a response by which its attorneys argue that state regulation solely permits MDECs to take part within the certification election, not once more-Authentication election.
The union is completely incorrect about this.
UTD's authorized argument is essentially flawed. Fla. Based on the state. § 447.305(6), supplies tips for certification within the State of Florida. § 447.307(2) and (3) additionally apply to recertification efforts, and subsequently enable one other worker group to intervene within the illustration election course of.
Regardless of this readability, UTD legal professionals insist that no matter MDEC compliance with relevant legal guidelines, MDEC is ineligible to take part within the recertification election.
Much more puzzling is that UTD is already utilizing the certification procedures set forth in § 447.307(2) and (3) in its petition. recertification, But it calls on PERC to selectively enable UTD using the certification course of, whereas denying MDEC using the identical course of for its intervention proposal.
This creates the potential of two outcomes:
- PERC disagrees with UTD and each unions seem on the identical election poll; Or,
- PERC agrees with UTD and has no selection however to impose the identical requirements on each unions.
To place it mildly, that is an extremely irresponsible transfer by UTD as a result of it places PERC within the place of figuring out whether or not Florida regulation applies or not. Each Petitions or neither.
If this is applicable to each, MDEC is entitled to take part within the upcoming elections in the identical method as UTD. If not, PERC lacks any framework to behave on UTD's “re-certification” petition, and the union's certification will probably be revoked.
You heard it proper. The union will formally finish by itself. Its leaders might not have given MDEC the prospect to intervene however destroyed their very own union within the course of.
As an skilled trainer in Miami, I discover myself not stunned by the union's predictable response to the dilemma it posed straight. This incident provides to the intensive observe file of ineptitude demonstrated by this affiliation all through its historical past.
Repeatedly faltered whereas representing the UTD bargaining unit, from failing to protest the college district's choice to impose raises to refusing to adequately tackle problematic working situations.
Because of this, a gaggle of like-minded academics based MDEC – the aim of which is to deal with points associated to salaries, advantages and dealing situations of Miami-Dade academics and workers.
Beneath our administration, membership charges will probably be a lot decrease as a result of MDEC could have no affiliation with the Nationwide Schooling Affiliation or the American Federation of Academics. Thus, tens of millions of {dollars} is not going to be given to nationwide headquarters, nor will MDEC use members' hard-earned cash to finance political candidates and causes with which these members might not agree.
Merely put, MDEC embodies the true imaginative and prescient that UTD was initially speculated to have, however by no means lived as much as. Your complete objective of the brand new recertification requirement is to make public sector unions extra accountable. By its actions, UTD is exhibiting precisely why this was vital.
As an alternative of attacking its accusers, UTD ought to come clear about its actions. It should take accountability for the corruption and incompetence that has led to the lack of virtually half its paid membership.
Its lack of ability or unwillingness to take action clearly highlights why UTD's incompetent governance should finish. Miami-Dade academics ought to take the chance to vote for a union that embodies the unique objective of unions: prioritizing wages, advantages and dealing situations.
Brent Urbanik is a trainer within the Miami-Dade College District and president of the Miami Dade Schooling Coalition.
This text was initially printed by RealClearFlorida and made obtainable by means of RealClearWire.