A new proposal from Florida lawmakers that would make it harder for most public employees to form or retain a union poses several constitutionality concerns, according to a staff analysis from the Florida Senate. Namely, the analysis warns the bill ( SB 1296 ) could infringe on Florida workers' collective bargaining rights, which are enshrined in the state Constitution. It could also run afoul of the U.S. Constitution's equal protection clause and free speech rights.
Florida is unique in that it is one of only six states in the U.S. that has collective bargaining rights enshrined in the state Constitution, despite its reputation as being hostile territory for labor unions. While unions do represent hundreds of thousands of workers in Florida's tourism industry, local and state governments, and the construction and building trades, for example, approximately 94 percent of Florida workers do not have union representation, according to U.S. Bureau of Labor Statistics data.
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