Miami-Dade teachers begin fight to keep union after failing membership audit
United Teachers of Dade, Florida’s largest teachers union, failed to meet the requirements of a new state law that requires at least 60% of union members pay dues — setting in motion a decertification process that could leave about 30,000 Miami-Dade public school educators without representation.
In a statement sent exclusively to the Miami-Herald on Tuesday, UTD confirmed that an audit conducted by an independent auditor showed that the number of eligible employees who were union-paying members fell short of the threshold, despite UTD adding more than eligible 800 new members, “an unprecedented growth in the past five months.”
In the statement, UTD condemned the new requirements, saying “we have not achieved the new 60% membership density mandated by the onerous anti-worker law.”
UTD did not provide the final tally of its membership when asked by the Herald. But on Nov. 10, one week before the district began its review, the number was at 58.4%.
The audit results do not immediately decertify the union. Instead, it sets off a series of steps the union must take to renew its certification with the state. First, the union will have to prove at least 30% of its bargaining unit wants a union. Then, its members will have to vote to move forward with certifying UTD again.
On Tuesday, UTD confirmed it was collecting “showing of interest cards” to meet that initial requirement of 30% -- though union leadership told the Herald that effort had been underway even before they were made aware of the audit’s outcome. UTD did not respond to a question regarding how many cards its collected so far.
According to the statement, UTD submitted its application to renew its union certification to the state’s Public Employees Relations Committee (PERC) on Monday.
If PERC determines the union is eligible to qualify for a certification election — after it has proved at least 30% of its members want representation — the union will hold a vote seeking recertification and top at least 50% support to earn it.
Come next year, though, it will still have to prove it has met the 60% threshold to remain certified — potentially fueling a never-ending cycle.
Nevertheless, the union confirmed with the school district that its “current contract will stay in place while we undergo a mandatory election,” the statement read. It remains unclear when that vote will happen.
The school district also confirmed to the Herald on Tuesday that officials will maintain “the status quo” when dealing with the union and would honor the contract ratified earlier this year until a decision is made regarding its certification. (The union successfully bargained for its members to receive pay raises ranging from 7% to 10% this school year.)
New law targets unions
Tuesday’s news comes months after a new law championed by Gov. Ron DeSantis and Republican lawmakers went into effect. The law, Senate Bill 256, increased the threshold of union-paying members to 60% and blocked unions from pulling dues directly from teachers’ paychecks.
Supporters of the law say the new requirements aim to increase more transparency about unions. Critics of the law, including union leaders and Democrats, argued the move was a “union-busting” effort to silence critics.
Meanwhile, police, firefighters and correction-officers unions are exempt from the law, leading teachers unions to argue the law was political retaliation and a violation of their First Amendment, equal-protection and contract rights.
Teachers unions in particular have been a vocal and consistent critic of the governor and Republicans over education policy changes in recent years that have limited and, in some cases prohibited, what can or cannot be discussed in the classroom. (Karla Hernandez-Mats, UTD president, ran against DeSantis in 2022 as the running mate of Democratic gubernatorial candidate Charlie Crist. She is also the vice president of the American Federation of Teachers.)
Before the law went into effect, Hernandez-Mats called it the “most egregious, most anti-union bill ever proffered.”
On Tuesday, included in the statement, UTD said it “strongly condemn(s) the legislative tactics employed to eradicate our union and, more importantly, adversely impact working-class people, particularly those who helped Florida’s largest school district achieve another A-rating.”
Earlier this month, the Miami-Dade schools earned an A rating for the 2022-23 school year — the fourth time in a row it received the top score.
