Collective Bargaining Education

8/2/2019 Collective Bargaining Education

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Collective BargainingCreated by Nicholas S. Kimble


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Introduction

Collective bargaining occurs when employeerepresentatives and employers formally discuss terms ofemployment such as working conditions, salaries, andfringe benefits.

The Missouri Constitution states, Employees shall havethe right to organize and to bargain collectively throughrepresentatives of their own choosing. Mo. Const. art. I 29.

Surprisingly, Missouri has not applied collectivebargaining to public sector employees, only to privatesector employees. It has been this way ever since theMissouri Constitution was enacted in 1945.


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Introduction

(Cont.)

That changed in the summer of 2007.The Missouri Supreme Court handed downIndependence-NEA v. Independence Sch.

Dist., 223 S.W.3d 131 (Mo. 2007).

The Court in Independencestated that all

employees, not just private, have theright to bargain collectively with theiremployers.


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Why is this Interesting?

To most people, collective bargaining isnot really all that interesting.

However, this is interesting to educationattorneys, or individuals who want tobecome education attorneys, because theywill be encountering collective bargainingfor the first time in the very near future.


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Missouri Case Law

City of Springfield v. Clouse, 206 S.W.2d 539 (Mo.1947). The Court held that only private sector employees would be

allowed to bargain collectively.

The Court further stated that allowing public employees tobargain would be delegating away legislative powers.

Missey v. City of Cabool, 441 S.W.2d 35 (Mo. 1969). This case centered on whether there is a duty for employers to

meet and confer with their employees. The Court held that there is a duty to meet and confer under

the Missouri Constitution.


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Missouri Case Law

(Cont.) Sumpter v. City of Moberly, 645 S.W.2d 359 (Mo. 1982).

This case centered on whether agreed to provisions during ameet and confer negotiation were binding on the employer.

The Court held that employers may reject, modify or adopt theprovisions.

Independence-NEA v. Independence Sch. Dist., 223S.W.3d 131 (Mo. 2007). The Court held that all employees have the right to bargain

collectively. Employers do not have to agree to any provision.However, once they do, the provision will be binding.

Based the opinion on the plain language of Article I 29 of theMissouri Constitution.

Overruled Clouseand Sumpter.


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Missouri v. Illinois

Statutes

The Missouri legislature has yet to giveguidance for how collective bargaining willoperate in Missouri.

Illinois statutes are much more definitivefor collective bargaining and are thereforebeing used to compare and contrast withMissouri statutes.


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Missouri Statutes

As previously stated, there has not been any newguidance on how collective bargaining will operate inMissouri. The discussed statutes will more than likely bemodified. Mo. Rev. Stat. 105.510 States that employees can

collectively bargain, however, it lists that teachers are notallowed to bargain collectively.

Mo. Rev. Stat. 105.520 States that public bodies shall meetand confer with labor organizations.

Mo. Rev. Stat. 105.525 States that certain issues which ariseduring negotiations will go to the Board of Mediation.

Mo. Rev. Stat. 105.530 States there is no right to strike.


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Illinois Statutes

Illinois is a more labor intensive state. The statutesbelow are just a few key statutes that Illinois uses forcollective bargaining. 115 Ill. Comp. Stat. 5/8 Describes the election process for an

exclusive bargaining representative.

115 Ill. Comp. Stat. 5/10 States what issues can be negotiatedin a collective bargaining agreement (e.g., wages, hours, etc.)

115 Ill. Comp. Stat. 5/12 States that if there is an impasse,either party may petition for mediation. If that does not settlethe issue then it go to fact-finding.

115 Ill. Comp. Stat. 5/13 States that there is no right to strike.


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Prospective Bills in Missouri

In the 2008 legislative session, two billswere put forth but neither was enacted.It is unknown why they did not pass.

H.R. 2030 Key provisions in the bill: No right to strike

One exclusive bargaining unit

Impasse procedures start with mediation then

move to what appears to be non-bindingarbitration.

S. 1115 Much the same as H.R. 2030


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Educational Organizations

Missouri State Teachers Association (MSTA) MSTA was against collective bargaining, now they are in favor. MSTA

wants a group of representatives, not just an exclusive representative.(Biggest teacher organization in Missouri)

Missouri National Education Association (MNEA) MNEA is for collective bargaining. They want exclusive representation

and binding arbitration. Missouri American Federation of Teachers (Missouri-AFT)

Missouri-AFT is for collective bargaining. They want exclusiverepresentation and binding arbitration.

Missouri Association of School Administrators (MASA) MASA is against collective bargaining. They would like a process that

does not exclude any teacher organization for negotiations. Missouri School Boards Association (MSBA)

MSBA is opposed to collective bargaining because they believe it istaking away local control. They are against exclusive representationand binding arbitration.


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Conclusion

There is more to come. Obviously,legislation is needed to establishparameters for collective bargaining in

Missouri. More than likely, Missouri willlearn from other states, such as Illinois, onhow to implement collective bargaining.

Documents

Collective Bargaining Education