Florida Statute 447.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.09

447.09 Right of franchise preserved; penalties.—It shall be unlawful for any person:

(1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make complaint, file charges, give information or testimony concerning the violations of this chapter, or the petitioning to the union regarding any grievance he or she may have concerning membership or employment, or the making known facts concerning such grievance or violations of law to any public officials, and the right of free petition, lawful assemblage and free speech.

(2) To prohibit or prevent any election of the officers of any labor organization.

(3) To participate in any strike, walkout, or cessation of work or continuation thereof without the same being authorized by a majority vote of the employees to be governed thereby; provided, that this shall not prohibit any person from terminating his or her employment of his or her own volition.

(4) To conduct any election referred to in subsection (3) of this section without a secret ballot.

(5) To charge, receive, or retain any dues, assessments or other charges in excess of, or not authorized by, the constitution or bylaws of any labor organization.

(6) To solicit membership for or to act as a representative of an existing labor organization without authority of such labor organization to do so.

(7) To seize or occupy property unlawfully during the existence of a labor dispute.

(8) To cause any cessation of work or interference with the progress of work by reason of any jurisdictional dispute, grievance or disagreement between or within labor organizations.

(9) To coerce or intimidate any employee in the enjoyment of legal rights, including those guaranteed in s. 447.03; to coerce or intimidate any elected or appointed public official; or to intimidate the family, picket the domicile, or injure the person or property of such employee or public official, or his or her family.

(10) To picket beyond the area of the industry or employment within which a labor dispute arises.

(11) To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress to and from any premises, or to picket other than in a reasonable and peaceable manner.

(12) To solicit advertising in the name of a labor organization without the written permission of such organization.

(13) To undertake through the medium of a card, circular, pamphlet, newspaper or any other medium whatsoever, or by any holding out to the public as officially representing a labor organization without the written authority or contract with such labor organization. Any publication claiming endorsement by a labor organization shall list in such publication the name and address of the organization or organizations endorsing same.

History.—s. 9, ch. 21968, 1943; s. 1, ch. 65-355; s. 2, ch. 77-343; s. 150, ch. 97-103; s. 9, ch. 2020-160.

Note.—Former s. 481.09.

F.S. 447.09 on Google Scholar

F.S. 447.09 on Casetext

Amendments to 447.09

Arrestable Offenses / Crimes under Fla. Stat. 447.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

S447.09 1 - CIVIL RIGHTS - PREVENT UNION MEMBER FROM RIGHT OF FRANCHISE - M: S

S447.09 2 - PUBLIC ORDER CRIMES - PREVENT ELECTION LABOR UNION OFFICERS - M: S

S447.09 3 - PUBLIC ORDER CRIMES - STRIKE WALKOUT STOP WORK WITHOUT MAJORITY VOTE - M: S

S447.09 4 - PUBLIC ORDER CRIMES - CONDUCT ELECTION WITHOUT SECRET BALLOT - M: S

S447.09 5 - EMBEZZLE - CHARGE UNAUTHORIZED LABOR UNION DUES - M: S

S447.09 6 - FRAUD-IMPERSON - REMOVED - M: S

S447.09 7 - FRAUD-IMPERSON - SOLICIT UNION MEMBERSHIP OR REPRESENT WO AUTH - M: S

S447.09 8 - FRAUD-FALSE STATEMENT - REMOVED - M: S

S447.09 9 - PUBLIC ORDER CRIMES - SEIZE OCCUPY PROPERTY DURING LABOR DISPUTE - M: S

S447.09 10 - PUBLIC ORDER CRIMES - STOP WORK RE UNION DISPUTE GRIEVANCE DISAGREE - M: S

S447.09 11 - INTIMIDATION - EMPLOYEE REGARDING RIGHT NOT TO ORGANIZE - M: S

S447.09 12 - ASSEMBLY-UNLAWFUL - PICKET BEYOND LABOR DISPUTE AREA - M: S

S447.09 13 - ASSEMBLY-UNLAWFUL - PICKET PREVENT INGRESS AND EGRESS OF PREMISE - M: S

S447.09 14 - FRAUD - SOLICIT AD IN NAME OF LBR UNION WO PERMISSION - M: S

S447.09 15 - FRAUD - PUBLICATION REPRESENT LABOR UNION WO CONTRACT - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 447.09

Total Results: 17

Reynolds v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-11-28T00:00:00-08:00

Citation: 460 So. 2d 447, 9 Fla. L. Weekly 2480, 1984 Fla. App. LEXIS 16388

Snippet: Shivers, Wentworth 28 November 1984 460 So. 2d 447, 9 Fla. L. Weekly 2480, 1984 Fla. App. LEXIS 16388

Ocean Cove Condominium Ass'n v. Kann

Court: Fla. Dist. Ct. App. | Date Filed: 1984-11-21T00:00:00-08:00

Citation: 459 So. 2d 447, 9 Fla. L. Weekly 2476, 1984 Fla. App. LEXIS 16353

Snippet: wife Anstead, Hersey 21 November 1984 459 So. 2d 447, 9 Fla. L. Weekly 2476, 1984 Fla. App. LEXIS 16353

DeMarco v. Publix Super Markets, Inc.

Court: Fla. | Date Filed: 1980-05-01T00:53:00-07:00

Citation: 384 So. 2d 1253

Snippet: the exercise of his statutory right under section 447.09, Florida Statutes (1975), damage to his reputation

DeMarco v. Publix Super Markets, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1978-06-27T00:53:00-07:00

Citation: 360 So. 2d 134

Snippet: 9,[2] Florida Constitution (1968), and Section 447.09, Florida Statutes (1975); (2) damage to his reputation…interference with DeMarco's rights under Section 447.09, Florida Statutes (1975) in that Chapter 447, Florida

School Board of Marion County v. Florida Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1977-01-25T00:00:00-08:00

Citation: 341 So. 2d 819, 94 L.R.R.M. (BNA) 2649, 1977 Fla. App. LEXIS 15150

Snippet: identical to present Section 447.305(1) and Section 2-447.009(2) of the bill provided in part: “(2)(a) Any employee…employee organization . . ..” Fla. H.B. 2028, § 1-447.009 (1973). The legislative history does not, as the

Stevens v. Horne

Court: Fla. Dist. Ct. App. | Date Filed: 1975-12-11T23:53:00-08:00

Citation: 325 So. 2d 459

Snippet: were clearly violative of Florida Statutes Section 447.09, and further that all the testimony presented to…is a clear violation of Florida Statute, Section 447.09(11), which provides: "It shall be unlawful

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-10-03T00:53:00-07:00

Snippet: organizations by the commission is provided for in s. 447.009, F. S., created by Ch. 74-100, supra. Injunctive…, supra, these two provisions (ss. 447.008(6), 447.009, F.S.) take effect on January 1, 1975, "or… and it appears that ss. 447.004, 447.008, and 447.009 will be renumbered as ss. 447.207,447.305, and

CANNERY, C., D., W. & A. EMP. v. Winter Haven Hosp., Inc.

Court: Fla. | Date Filed: 1973-06-06T00:53:00-07:00

Citation: 279 So. 2d 23

Snippet: or other mutual aid or protection." Section 447.09(11) of the Florida Statutes, 1971, F.S.A., provides

Hescom, Inc. v. Stalvey

Court: Fla. Dist. Ct. App. | Date Filed: 1963-06-25T00:00:00-07:00

Citation: 155 So. 2d 3, 53 L.R.R.M. (BNA) 2866, 1963 Fla. App. LEXIS 3363

Snippet: F.S.A. ; F.S. Section 447.03, F.S.A. ; F.S. Section 447.09, F.S.A. ; F.S. Section 447.11, F.S.A. . Local

Schermerhorn v. Local 1625 of Retail Clerks Int. Ass'n

Court: Fla. | Date Filed: 1962-04-24T23:53:00-08:00

Citation: 141 So. 2d 269

Snippet: Rights, § 12, 25 F.S.A. [3] "§§ 447.01 and 447.09, Fla. Stat., F.S.A. [4] "Essential to that

Shelton v. Reeder

Court: Fla. | Date Filed: 1960-06-23T00:53:00-07:00

Citation: 121 So. 2d 145

Snippet: Flowers et ux., Fla. 1949, 43 So.2d 435, 14 A.L.R.2d 447. [9] Anderson v. Board of Public Instruction for Hillsborough

Plager Bros. Brake Services v. Local 320, International Brotherhood of Teamsters

Court: Fla. Dist. Ct. App. | Date Filed: 1960-06-02T00:00:00-07:00

Citation: 121 So. 2d 36, 1960 Fla. App. LEXIS 2574

Snippet: prerequisite to their striking under Florida law, § 447.-09(3), Fla.Stat., F.S.A. No. 60-144 District

Fontainebleau Hotel Corp. v. Hotel Employees Union

Court: Fla. | Date Filed: 1957-01-31T23:53:00-08:00

Citation: 92 So. 2d 415

Snippet: union demands. Sections 447.01(1, 2), 447.03 and 447.09(3, 4, 11), Florida Statutes 1955, F.S.A., are relied…including acts for mutual aid and protection. Section 447.09(3, 4, 11) preserves the right of franchise but …strike were confused. As to the latter, Section 447.09(3), Florida Statutes, F.S.A., requires that strike…good labor relations. Under the statute, Section 447.09(12, 13) and other provisions thereof, picketing

Boca Raton Club v. Hotel Employees Union

Court: Fla. | Date Filed: 1955-10-18T23:53:00-08:00

Citation: 83 So. 2d 11

Snippet: determine the applicability in these cases of Sec. 447.09(3), Florida Statutes, F.S.A., or its constitutionality

HOTEL & RESTAURANT EMPLOYEES, ETC. v. Boca Raton Club

Court: Fla. | Date Filed: 1954-07-06T00:53:00-07:00

Citation: 73 So. 2d 867

Snippet: sit-down strike" in violation of F.S. Sec. 447.09(9), F.S.A., which makes it unlawful "[f]or…employer were coercive measures forbidden by F.S. Sec. 447.09(11), F.S.A., and part of a scheme or pattern whereby…enjoyment of his legal rights * * *." F.S. Sec. 447.09(11) F.S.A. Italics added. But we do not believe

Treasure, Inc. v. Hotel & Restaurant Employees & Bartenders' Union, Local No. 133

Court: Fla. | Date Filed: 1954-05-14T00:00:00-07:00

Citation: 72 So. 2d 670, 1954 Fla. LEXIS 1430, 34 L.R.R.M. (BNA) 2141

Snippet: illegal, then the picketing may be enjoined. F.S. § 447.09, F.S.A., makes it unlawful for any person to coerce

Atlantic Coast Line Railroad v. Coachman

Court: Fla. | Date Filed: 1910-01-15T00:00:00-08:00

Citation: 59 Fla. 130

Snippet: Rep. 243; Grissell v. Housatonic R. Co., 54 Conn. 447, 9 Atl. Rep. 137, 1 Am. St. Rep. 138; Lumbermen’s