Res 19-77 RESOLUTION NO. 19-77.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, OPPOSING T~ PASSAGE ~
OF PROPOSED HOUSE BILL NO. 380 WHICH WOULD RE- ~
QUIRE ~ON-UNION EMPLOYEES TO PAY A SERVICE FEE
IN THE AMOUNT OF REGULAR UNION DUES TO THE UNION
WHICH REPRESENTS A BARGAINING UNIT WHICH THE
EMPLOYEE MAY BE INCLUDED WITHIN, EVEN THOUGH THE
EMPLOYEE DOES NOT DESIRE UNION REPRESENTATION,
BECAUSE SUCH A SERVICE FEE REQUIREMENT VIOLATES
ARTICLE I, SECTION 6 OF THE FLORIDA CONSTITUTION,
BEING THE FLORIDA RIGHT TO WORK LAW.
WHEREAS, Article I, Section 6 of the Florida Constitution provides
"The right of persons to work shall not be denied or abridged on account
of membership or non-membership in any labor union or labor organization.."
and,
WHEREAS, the Florida Legislature adopted the provisions of Chapter
· 447 of the Florida Statutes to permit public employees to organize 0r re,
frain f~om organizing in labor organizations'or~ unions of their own choos~
ing; and;
WHEREAS, Chapter 447, as does Article I, Section 6 of the Florida
Constitution, permits employees to make a voluntary choice as to membership
or non-membership in a labor union or organization; and,
WHEREAS, the purpose of Article I, Section 6 of the Florida Con-
stitution and the provisions of Chapter 447 of the Florida Statutes was
to permit the exercise of certain rights by public employees without the
infringement or abridgment of the rights of other employees who chose
voluntarily to exercise the rights granted; and,
WHEREAS, the imposition of a service fee upon employees who do not
~esire union membership or representation would constitute an infringement
upon their constitutional and statuatory right to refrain from exercising
the organizational rights granted to other employees; and,
WHEREAS, the service fee would constitute an abridgment of such
persons' ~right to work on account of non-membership in a labor union or
labor organization in direct violation of Article i, Section 6 of the
Florida Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE'CITY OF
DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach
hereby opposes the passage of proposed House Bill No. 380 which would
require non-union employees to pay a service fee in the amount of regular
union dues to the union which represents a bargaining unit which the em-
ployee may be included within, even though the employee does not desire
union representation, because such a service fee requirement violates
Article I, Section 6 of the Florida Constitution, being the Florida Right
to Wark Law.
Section 2. That copies of this resolution shall be sent to
Senators Harry A. Johnston, II., Phillip D. Lewis, Don C. Childers,
George Williamson, Jon Thomas, James Scott and Representatives Donald W.
Hazelton, Reid Moore, Jr., William G. James, Edward Healey, John Consi-
dine and Tom F. Lewis.
PASSED AND ADOPTED in regular session on this the 28th day of
March, 1977.
MAYOR
ATTEST:
Ast~City Clerk
- 2 - Res. No. 19-77