|SB 0550||Collective Bargaining For Public Employees|
|LR Number:||S2370.01I||Fiscal Note:||2370-01|
|Committee:||Labor and Industrial Relations|
|Last Action:||01/04/96 - Referred S Labor & Industrial Relations Committee|
|Effective Date:||January 1, 1997|
SB 550 - This act provides for bargaining in good faith for public employees.
BARGAINING AGREEMENTS - This act defines certain terms as they relate to collective bargaining. Employees, except the Missouri National Guard and teachers in colleges and universities, shall have the right to form and join labor unions. A public body, as defined in the act, is required to bargain collectively in good faith when presented with a proposal dealing with terms and conditions of employment.
The State Board of Mediation shall determine the bargaining unit by referring to federal guidelines. The Board shall also conduct a secret ballot election, if at least thirty percent of a unit's public employees so petition, to determine if employees of that unit want an exclusive bargaining representative. Any bargaining representative chosen must file copies of its constitution and bylaws with the Board. The Board may invalidate a secret ballot election in certain instances.
The act allows for coordinated bargaining by two or more units where the focus of the bargaining impacts both units in the same way. A unit of public employees may also decertify a representative by petition. This act requires the Board to investigate any allegations made in a petition and to notify interested public employees of the receipt of such petition. This act shall not affect any collective bargaining agreement entered into prior to the effective date of this act.
The Board of Mediation shall adopt rules and regulations pertaining to various procedures. None of these rules shall become effective until approved by the Joint Committee on Administrative Rules. Even if a rule is adopted, it may later be suspended by the General Assembly.
The act allows public employees to refuse to participate in an employee organization's activities, except that these employees must pay certain fees necessitated by agreements between the public body and employee organization.
PROHIBITIONS AGAINST STRIKES - It shall be unlawful for public employees to strike. If a strike occurs, the public body or any citizen within the public body's jurisdiction may seek injunctive relief. It shall also be unlawful for a public body or its officials to authorize, consent to or condone an illegal strike. Failure to comply with a court injunction shall constitute contempt. If an employee organization or any of its officers are held in contempt, the employee organization shall immediately be decertified as the exclusive bargaining representative. The court may suspend or modify such a penalty. Any public employee who strikes shall be guilty of a Class A misdemeanor.
NEGOTIATIONS - This act defines certain terms as they relate to negotiation of disputes between a public body and an exclusive bargaining representative. A representative must request negotiations in writing by September 1 for collective bargaining agreements that take effect on July 1 of the next year. If no agreement is reached by January 1, either party may request mediation. The parties shall mutually agree to a mediator or a mediator shall be selected by the State Board of Mediation. If no agreement or a partial agreement is reached by January 21, either party shall submit the unresolved issues to arbitration. In arbitration, each party shall submit final offers on each item in dispute. For each item, the arbitrator will choose between the public body's final offer and the representative's final offer and incorporate these into the final agreement. In making his determinations, the arbitrator shall consider various factors. All final agreements shall contain a procedure to resolve grievances arising under the agreement.
If any provision of a collective bargaining agreement conflicts with the state personnel law, the terms of the agreement will prevail. The agreement shall remain in effect until superseded by a new agreement. Any portion of an agreement that requires public funds or is in conflict with a local ordinance will only take effect upon approval by the public body.
PUBLIC EMPLOYEES EXCLUDED FROM ACT - Certain public employees shall be excluded from the provisions of this act including elected officials, public officers and legislative personnel, students working part-time, temporary employees, judges, and inmates employed by the state.
POWERS OF PUBLIC BODY IN ABSENCE OF COLLECTIVE BARGAINING AGREEMENT - If not limited by the provisions of a collective bargaining agreement, a public body may:
1) Direct, hire and fire public employees; 2) Determine qualifications for employment; and 3) Take any actions necessary in emergencies to carry out that body's mission.
POWERS OF PUBLIC EMPLOYEES - Public employees may:
1) Organize, form, or assist any exclusive bargaining representative; 2) Negotiate collectively; 3) Engage in any other activities for bargaining or other protection not in violation of this act or any other law.
PUBLIC BODY PROHIBITED FROM REFUSING TO BARGAIN IN GOOD FAITH - Public bodies may not:
1) Interfere with or restrain public employees from exercising their rights under this act; 2) Interfere in the work of any representative; 3) Encourage or discourage membership in any employee organization through discrimination; 4) Refuse to collectively negotiate; and 5) Refuse to reduce a collective bargaining agreement to writing.
EXCLUSIVE BARGAINING REPRESENTATIVE- PROHIBITED PRACTICES - Exclusive bargaining representatives may not:
1) Interfere with any public employee with respect to any of his rights under this act; and 2) Refuse to bargain collectively with the public body.
A complaint alleging any of the above violations shall be filed with the Board of Mediation within six months of the alleged violation. The Board may investigate the charge and conduct a hearing. If the Board finds that the accused party has committed a prohibited practice, the Board may order that party to cease and desist such practice and may order affirmative relief. All Board decisions are subject to judicial review. Such review will go directly to the appellate court. Any order or decision of the Board may be modified, reversed or set aside if:
1) The Board acts without or in excess of its authority; 2) The order was procured by fraud; 3) The facts found by the Board do not support the order; or 4) The order is not supported by substantial evidence on the record.
CERTAIN ITEMS EXCLUDED FROM CATEGORY OF PUBLIC RECORD - The following are not within the definition of public records:
1) Discussions between executive officers and the legislative body of the public body related to collected bargaining; 2) Certain collective bargaining negotiations; and 3) All work products developed by the public body in preparing for negotiations and during negotiations.
STANDING TO SUE - Any employee organization and public body may sue or be sued under this act. Any notice required under this act shall be in writing.
SEVERABILITY OF ACT - The provisions of this act shall be severable if any are declared unconstitutional.
The act has an effective date of January 1, 1997.