Florida Statutes

Fla. Stat. § 447.501 (2025)

Unfair labor practices.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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447.501 Unfair labor practices.—

(1) Public employers or their agents or representatives are prohibited from:

(a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part.

(b) Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, or other conditions of employment.

(c) Refusing to bargain collectively, failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit.

(d) Discharging or discriminating against a public employee because he or she has filed charges or given testimony under this part.

(e) Dominating, interfering with, or assisting in the formation, existence, or administration of, any employee organization or contributing financial support to such an organization.

(f) Refusing to discuss grievances in good faith pursuant to the terms of the collective bargaining agreement with either the certified bargaining agent for the public employee or the employee involved.

(2) A public employee organization or anyone acting in its behalf or its officers, representatives, agents, or members are prohibited from:

(a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part or interfering with, restraining, or coercing managerial employees by reason of their performance of job duties or other activities undertaken in the interests of the public employer.

(b) Causing or attempting to cause a public employer to discriminate against an employee because of the employee’s membership or nonmembership in an employee organization or attempting to cause the public employer to violate any of the provisions of this part.

(d) Discriminating against an employee because he or she has signed or filed an affidavit, petition, or complaint or given any information or testimony in any proceedings provided for in this part.

(e) Participating in a strike against the public employer by instigating or supporting, in any positive manner, a strike. Any violation of this paragraph shall subject the violator to the penalties provided in this part.

(f) Instigating or advocating support, in any positive manner, for an employee organization’s activities from high school or grade school students or students in institutions of higher learning.

(3) Notwithstanding the provisions of subsections (1) and (2), the parties’ rights of free speech shall not be infringed, and the expression of any arguments or opinions shall not constitute, or be evidence of, an unfair employment practice or of any other violation of this part, if such expression contains no promise of benefits or threat of reprisal or force.

History.—s. 3, ch. 74-100; s. 1, ch. 77-174; s. 160, ch. 97-103.

Notes of Decisions

Cited in 124 cases (4 in the last 5 years), 1976–2026 · leading case: Coral Gables v. Stathers Mem'l Lodge 7, 976 So. 2d 57 (Fla. 3d DCA 2008).

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Coral Gables v. Stathers Mem'l Lodge 7, 976 So. 2d 57 (Fla. 3d DCA 2008). · cites it 26× “§ 447.501(1)(a), Fla. Stat. The "rights guaranteed" public employees are enumerated in section 447.”

Pasco Cty. Sch. Bd. v. Florida Pub. Emp. Rel. Comm., 353 So. 2d 108 (Fla. 1st DCA 1977). · cites it 6× “The Pasco County School Board has filed its petition to review an order of the Florida Public Employees Relations Commission (PERC) finding it committed certain unfair labor practices in violation of Section 447.501(1)(a), (b) and (c) of the Public Employees Relations Act (PERA).”

Sheriff of Broward Cnty. v. Stanley, 50 So. 3d 640 (Fla. 1st DCA 2010). · cites it 27× “The Sheriff raises two issues on appeal: (1) whether PERC’s finding that the Sheriff violated section 447.501(1)(a) was error because Stanley was a job applicant, not an employee, when the Sheriff declined to rehire him; and (2) whether PERC erred in finding that the Sheriff…”

Koren v. Sch. Bd. of Miami-Dade Cnty., 97 So. 3d 215 (Fla. 2012). · cites it 12× “Because we find that the actions alleged in Koren’s claim were sufficient to establish a prima facie violation of section 447.501 we conclude that the Third District incorrectly affirmed PERC’s dismissal of Koren’s charges.”

Bd. of Regents v. Pub. EMP. REL. COM'N, 368 So. 2d 641 (Fla. 1st DCA 1979). · cites it 10× “The Board moved to dismiss the petition on grounds that, as a matter of law, students were not under PERC's jurisdiction due to the provisions of § 447.501(2)(f), Fla. Stat. (1977). PERC denied the motion without prejudice to the Board's renewing it at a later date.”

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981). · cites it 9× “[3] Section 447.501(2) provides: A public employee organization or anyone acting in its behalf .”

Browning v. Brody, 796 So. 2d 1191 (Fla. 5th DCA 2001). · cites it 8× “The activities prohibited as being "unfair labor practices" are defined in section 447.501 of the Florida Statutes (1999), with subsection (1) applying to employer activities and subsection (2) applying to union activities.”

Cagle v. St. Johns Cnty. Sch. Dist., 939 So. 2d 1085 (Fla. 5th DCA 2006). · cites it 6× “Cagle also alleged that the School District violated section 447.501(1)(a), which prohibits an employer from interfering with, restraining, or coercing a public employee in the exercise of any rights guaranteed by chapter 447 of the Florida Statutes.”

City of Miami v. FOP Miami Lodge 20, 571 So. 2d 1309 (Fla. 3d DCA 1991). · cites it 6× “[4] Section 447.501 provides: "Unfair labor practices.”

Commc'ns Workers v. Sch. Bd., 888 So. 2d 96 (Fla. 4th DCA 2004). · cites it 3× “Finally, the arbitrator lacks authority to determine whether the School Board's conduct constitutes a violation of Section 447.501(1)(a) and (c), Florida Statutes (1981).”

City of Orlando v. Intern. Ass'n of Ff, Etc., 384 So. 2d 941 (Fla. 5th DCA 1980). · cites it 10× “This is an appeal from an order of the Public Employees Relations Commission (PERC), which order finds appellant, The *943 City of Orlando, in violation of Section 447.501(1)(a), Florida Statutes (1975); that it so say, guilty of an unfair labor practice.”

United Fac. v. Bd. of Regents, Etc., 417 So. 2d 1055 (Fla. 1st DCA 1982). · cites it 5× “PERC ruled that graduate assistants were public employees within the meaning of Chapter 447, and that the prohibition against solicitation of students in Section 447.501(2)(f), Florida Statutes (1975) did not prevent graduate assistants from organizing.”

Show all 124 citing cases →

— 447.501(1) — 14 cases

Commc'ns Workers of Am., Local 3170 v. City of Gainesville, 697 So. 2d 167 (Fla. 1st DCA 1997).

Manatee Educ. Ass'n, FEA, AFT (Local 3821) v. Sch. Bd. of Manatee Cnty., 62 So. 3d 1176 (Fla. 1st DCA 2011).

Laborers' Int'l Union of North Am. v. Greater Orlando Aviation Auth., 869 So. 2d 608 (Fla. 5th DCA 2004).

Sheriff of Palm Beach Cnty. v. Palm Beach Cnty. Police Benevolent Ass'n, 97 So. 3d 933 (Fla. 1st DCA 2012).

NAT. U. OF HOSP v. Se. Volusia Hosp. Dist., 436 So. 2d 294 (Fla. 1st DCA 1983).

— 447.501(1)(a) — 45 cases

Coral Gables v. Stathers Mem'l Lodge 7, 976 So. 2d 57 (Fla. 3d DCA 2008). “§ 447.501(1)(a), Fla. Stat. The "rights guaranteed" public employees are enumerated in section 447.”

City of Orlando v. Intern. Ass'n of Ff, Etc., 384 So. 2d 941 (Fla. 5th DCA 1980). “This is an appeal from an order of the Public Employees Relations Commission (PERC), which order finds appellant, The *943 City of Orlando, in violation of Section 447.501(1)(a), Florida Statutes (1975); that it so say, guilty of an unfair labor practice.”

City of Clearwater (Fire Dept.) v. Lewis, 404 So. 2d 1156 (Fla. 2d DCA 1981).

Pasco Cty. Sch. Bd. v. Florida Pub. Emp. Rel. Comm., 353 So. 2d 108 (Fla. 1st DCA 1977). “The Pasco County School Board has filed its petition to review an order of the Florida Public Employees Relations Commission (PERC) finding it committed certain unfair labor practices in violation of Section 447.501(1)(a), (b) and (c) of the Public Employees Relations Act (PERA).”

Sheriff of Broward Cnty. v. Stanley, 50 So. 3d 640 (Fla. 1st DCA 2010). “The Sheriff raises two issues on appeal: (1) whether PERC’s finding that the Sheriff violated section 447.501(1)(a) was error because Stanley was a job applicant, not an employee, when the Sheriff declined to rehire him; and (2) whether PERC erred in finding that the Sheriff…”

— 447.501(1)(b) — 4 cases

Columbia Cty. Bd., Etc. v. Pub. Emp. Rel. Comm., 353 So. 2d 127 (Fla. 1st DCA 1977).

Lee Cty. Sch. Bd. v. Sch. Bd. Emp. L. 780, 512 So. 2d 238 (Fla. 1st DCA 1987).

— 447.501(1)(c) — 13 cases

Commc'ns Workers v. Sch. Bd., 888 So. 2d 96 (Fla. 4th DCA 2004). “Finally, the arbitrator lacks authority to determine whether the School Board's conduct constitutes a violation of Section 447.501(1)(a) and (c), Florida Statutes (1981).”

Miami-Dade Cnty. v. GOV'T SUP'RS ASS'N., 907 So. 2d 591 (Fla. 3d DCA 2005).

Coral Gables v. Stathers Mem'l Lodge 7, 976 So. 2d 57 (Fla. 3d DCA 2008). “§ 447.501(1)(a), Fla. Stat. The "rights guaranteed" public employees are enumerated in section 447.”

Palm Beach Jr. Coll. v. UNITED Fac. ETC., 425 So. 2d 133 (Fla. 1st DCA 1982).

— 447.501(1)(d) — 2 cases

Cagle v. St. Johns Cnty. Sch. Dist., 939 So. 2d 1085 (Fla. 5th DCA 2006). “Cagle also alleged that the School District violated section 447.501(1)(a), which prohibits an employer from interfering with, restraining, or coercing a public employee in the exercise of any rights guaranteed by chapter 447 of the Florida Statutes.”

Coral Gables v. Stathers Mem'l Lodge 7, 976 So. 2d 57 (Fla. 3d DCA 2008). “§ 447.501(1)(a), Fla. Stat. The "rights guaranteed" public employees are enumerated in section 447.”

— 447.501(1)(f) — 2 cases

City of Miami v. Fop, Miami Lodge 20, 511 So. 2d 549 (Fla. 1987).

City of Hollywood v. Edward C. Perrin (Fla. 4th DCA 2020).

— 447.501(2) — 8 cases

Browning v. Brody, 796 So. 2d 1191 (Fla. 5th DCA 2001). “The activities prohibited as being "unfair labor practices" are defined in section 447.501 of the Florida Statutes (1999), with subsection (1) applying to employer activities and subsection (2) applying to union activities.”

Da Costa v. Pub. Employees Relations Comm'n, 443 So. 2d 1036 (Fla. 1st DCA 1983).

Florida Educ. Ass'n v. Wojcicki, 930 So. 2d 812 (Fla. 3d DCA 2006).

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981). “[3] Section 447.501(2) provides: A public employee organization or anyone acting in its behalf .”

North Brevard Cnty. Hosp. Dist., Inc. v. Florida Pub. Employees Relations Comm'n, 392 So. 2d 556 (Fla. 5th DCA 1980).

— 447.501(2)(a) — 12 cases

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981). “[3] Section 447.501(2) provides: A public employee organization or anyone acting in its behalf .”

Sch. BD. OF DADE CTY. v. Dade Teachers Ass'n, 421 So. 2d 645 (Fla. 3d DCA 1982).

Brevard Cmty. Coll. v. FLORIDA PUB. EMP. REL. COM'N, 376 So. 2d 16 (Fla. 5th DCA 1979).

Da Costa v. Pub. Employees Relations Comm'n, 443 So. 2d 1036 (Fla. 1st DCA 1983).

— 447.501(2)(b) — 2 cases

United Teachers of Dade v. Sch. Dist. of Miami-Dade Cnty., 68 So. 3d 1003 (Fla. 3d DCA 2011).

Alachua Cnty. Educ. Ass'n v. Carpenter (N.D. Fla. 2023).

— 447.501(2)(e) — 3 cases

DADE CTY. POL. BEN. ASS'N v. City of Homestead, 444 So. 2d 465 (Fla. 3d DCA 1984).

Broward Cty. Cl. Teach. Ass'n, Inc. v. Pub. Er Com'n, 331 So. 2d 342 (Fla. 1st DCA 1976).

Duval Cnty. Sch. Bd. v. Florida Pub. Employees Relations Comm'n, 363 So. 2d 30 (Fla. 1st DCA 1978).

— 447.501(2)(f) — 3 cases

Bd. of Regents v. Pub. EMP. REL. COM'N, 368 So. 2d 641 (Fla. 1st DCA 1979). “The Board moved to dismiss the petition on grounds that, as a matter of law, students were not under PERC's jurisdiction due to the provisions of § 447.501(2)(f), Fla. Stat. (1977). PERC denied the motion without prejudice to the Board's renewing it at a later date.”

United Fac. v. Bd. of Regents, Etc., 417 So. 2d 1055 (Fla. 1st DCA 1982). “PERC ruled that graduate assistants were public employees within the meaning of Chapter 447, and that the prohibition against solicitation of students in Section 447.501(2)(f), Florida Statutes (1975) did not prevent graduate assistants from organizing.”

United Fac. of Fla. v. Fla. Bd. of Regents, 585 So. 2d 991 (Fla. 1st DCA 1991).

— 447.501(3) — 7 cases

City of Bartow v. PUB. EMP. REL COM'N, 382 So. 2d 311 (Fla. 2d DCA 1979).

Jess Parrish Mem'l Hosp. v. Florida Pub. Employees Relations Comm'n, 364 So. 2d 777 (Fla. 2d DCA 1978).

Da Costa v. Pub. Employees Relations Comm'n, 443 So. 2d 1036 (Fla. 1st DCA 1983).

Jess Parrish Mem. Hosp. v. Fla. Pub. Emp. Relations Comm'n, 364 So. 2d 777 (Fla. 1st DCA 1978).

Duval Cnty. Sch. Bd. v. Florida Pub. Employees Relations Comm'n, 363 So. 2d 30 (Fla. 1st DCA 1978).

— 447.501(a) — 3 cases

City of Umatilla v. Pub. Employees Relations Comm'n, 422 So. 2d 905 (Fla. 5th DCA 1982).

Koren v. Sch. Bd. of Miami-Dade Cnty., 97 So. 3d 215 (Fla. 2012). “Because we find that the actions alleged in Koren’s claim were sufficient to establish a prima facie violation of section 447.501 we conclude that the Third District incorrectly affirmed PERC’s dismissal of Koren’s charges.”

Sch. Dist. of Martin Cnty. v. Pub. Employees Relations Comm'n, 15 So. 3d 42 (Fla. 4th DCA 2009).

— 447.501(a)(1) — 1 case

Teamsters Local Union 444 v. Pasco Cnty. Bd. of Cnty. Commissioners, 505 So. 2d 541 (Fla. 2d DCA 1987).

— 447.501(c) — 1 case

Sch. Dist. of Polk Cnty. v. Polk Educ. Ass'n, 100 So. 3d 11 (Fla. 2d DCA 2011).

— 447.501(f) — 2 cases

Pub. Emp. Rel. Com'n v. Dist. Schppl Bd., 374 So. 2d 1005 (Fla. 2d DCA 1979).

Comm'n v. Dist. Sch. Bd., 374 So. 2d 1005 (Fla. 2d DCA 1979).

— 447.501(l)(a) — 31 cases

Okaloosa-Walton Junior Coll. Bd. of Trs. v. Florida Pub. Employees Relations Comm'n, 372 So. 2d 1378 (Fla. 1st DCA 1979).

Gibbons v. State Pub. Employees Relations Comm'n, 702 So. 2d 536 (Fla. 2d DCA 1997).

Commc'ns Workers of Am. v. City of Gainesville, 65 So. 3d 1070 (Fla. 1st DCA 2011).

— 447.501(l)(b) — 5 cases

Sch. Bd. of Lee Cnty. v. Lee Cnty. Sch. Bd. Employees, Local 780, 512 So. 2d 238 (Fla. 2d DCA 1987).

Columbia Cnty. Bd. of Pub. Instruction v. Pub. Employees Relations Comm'n, 353 So. 2d 127 (Fla. 1st DCA 1977).

St. Petersburg Junior Coll. v. Pub. Employees Relations Comm'n, 358 So. 2d 1103 (Fla. 3d DCA 1978).

Teamsters Local Union 444 v. Pasco Cnty. Bd. of Cnty. Commissioners, 505 So. 2d 541 (Fla. 2d DCA 1987).

— 447.501(l)(c) — 3 cases

Bd. of Cnty. Commissioners of Orange Cnty. v. Cent. Florida Prof'l Fire Fighters Ass'n, Local 2057, 467 So. 2d 1023 (Fla. 5th DCA 1985).

Sch. Bd. v. Pub. Employees Relations Comm'n, 350 So. 2d 819 (Fla. 1st DCA 1977).

Hillsborough Cnty. Aviation Auth. v. Hillsborough Cnty. Governmental Employees Ass'n, 482 So. 2d 505 (Fla. 2d DCA 1986).

— 447.501(l)(d) — 1 case

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