Florida could soon dismantle public sector labor unions

yahoo.com · Feb 27, 2026 · Collected from GDELT

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A controversial proposal in the Florida Senate is drawing sharp opposition from public sector labor unions, which warn it could dramatically weaken, or even dismantle, their ability to operate.The measure (SB 1296) by Sen. Jonathan Martin, R-Fort Myers, would fundamentally change how union certification elections are decided. It's up before the last of only two committee hearings on March 2, after which it will be ready for the floor. It cleared the first panel on a 6–3 vote.Instead of requiring a simple majority of votes cast, the bill would mandate approval from 50% plus one of all workers in a bargaining unit, including those who do not vote.Labor advocates argue the shift creates a uniquely burdensome standard, effectively counting non-votes as “no” votes, making union certification significantly more difficult and potentially jeopardizing existing bargaining units.Critics also point to a staff analysis that raises potential constitutional concerns, adding legal uncertainty to what unions already describe as an existential threat.“This is an election standard that doesn’t exist in any union election, or democratic legislative or executive branch election in the entire country,” said Jordan Scott of the Northwest Florida Federation of Labor.An eight-year push against unionsMartin's tweak to 2023’s SB 256 will deliver what Scott fears could be the knockout blow to labor in what has been an eight-year battle with Republicans over union certification.Public sector workers beat back two attempts to set a threshold of dues-paying members for certification in 2018’s HB 25 and 2021’s SB 78. But then, with the backing of Gov. Ron DeSantis, yet another measure (SB 256) requiring 60% of union members to pay dues to maintain certification was approved and signed into law. It resulted in the decertification of more than 120 local chapters representing more than 70,000 public sector workers, overwhelming the Public Employees Relations Commission (PERC) with recertification elections.It conducted 20 union elections in 2022 before SB 256 became law. That number ballooned to 250 in 2025 and forced an increase in the PERC budget from $3.69 million in 2023 to about $6 million today. DeSantis' budget request for PERC next year is nearly $7 million. Scott said Martin’s proposal will further disrupt unions representing nurses, teachers, maintenance, and office workers. “The change to require 50%-plus-one of the entire bargaining unit to vote yes essentially means that any nonvote becomes a no vote,” he said.Jordan ScottOpinion: Organized labor weighs in on local politics | Jordan ScottAt a previous committee where Martin presented the bill, he drew nearly a full room and 73 signed statements from the public to testify (68 against, 5 for). Scott expects a similar turnout when the next committee meets to decide whether to advance the measure for consideration by the full Senate.'Unconstitutional trainwreck'?During a tense 90-minute intense discussion by the Government Oversight Committee, Democrats focused on the staff analysis that found the measure conflicts with provisions of both the Florida and U.S. constitutions. The analysis flagged collective bargaining, single subject, freedom of speech, and equal protection concerns.Martin told the committee, “Obviously we don’t want any of our bills to be unconstitutional.” But then he conceded that he had yet to speak to any constitutional lawyers about the bill, and no amendments to resolve any constitutional conflicts have been submitted.Opponents complained it is hypocritical for politicians elected on a simple majority of votes cast to mandate a 50%-plus-one requirement of the entire population on labor unions.Sen. Tina Polsky poses questions for Dr. Joseph Ladapo during a confirmation hearing held by the Senate Ethics and Elections CommitteeTuesday, Feb. 8, 2022.In an exchange about the 50%-plus-one requirement for approval, Sen. Tina Polsky, D-Boca Raton, asked Martin what percentage of his district’s residents' vote he had received in 2022 (it was 27%). Chair Debbie Mayfield ruled the question out of order.“In the United States, you have every right not to vote,” Martin said, but when it comes to public sector employee unions, he added, “you can’t be agnostic.” Still, after the discussion, Democratic state Sen. Lavon Bracy Davis called the bill “an unconstitutional trainwreck.”What the bill doesThe measure requires a majority of all workers in a bargaining unit to vote 'yes' in a certification election but exempts police, firefighters, and correctional officers.According to the Senate analysis, this would create “two distinct classes of public employees” and create a potential equal protection violation. Further, the analysis said it may also infringe on workers’ collective bargaining rights under the state Constitution.Martin did not explain why rules for police and firefighters – whose unions often support Republicans – should be different than those for teachers, bus drivers, nurses and maintenance workers.Sen. Jonathan Martin stands for the Pledge of Allegiance during opening day of session Tuesday, Jan. 13, 2026.“There’s a compelling government interest in making sure that our public sector unions are different than public safety unions,” Martin said during a Feb. 11 hearing. “Public safety being the first and foremost responsibility of the state, we want to make sure those public safety unions are represented in a manner that meets the demands and the unique nature of their job.”Eddie Carter, a plumber and former senior project manager for Cape Coral, was among the 73 members of the public who signed up to speak on the measure. “I may not be considered a first responder, but when the water goes out, I’m the one you call to get it back on,” Carter said in opposition.The measure has the backing of free market think tanks such as the James Madison Institute, Freedom Foundation, and Americans for Prosperity.James Call is a member of the USA TODAY NETWORK-Florida Capital Bureau. He can be reached at jcall@tallahassee.com. Follow on him X: @CallTallahassee.This article originally appeared on Tallahassee Democrat: Florida may soon dismantle public sector unions. Here's how