This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0471 - Revises collective bargaining law for public employees
SB 471 - Fiscal Note

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2147-04

BILL NO. SCS for SB 471

SUBJECT: Collective Bargaining

TYPE: #Revised

DATE: April 1, 1998

#Revised due to change in policy by Oversight Subcommittee on March 30, 1998 regarding Article X, Section 21.


FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED FY 1999 FY 2000 FY 2001
General Revenue ($2,741,209) ($3,438,684) ($3,050,905)
Road Fund ($66,774) ($68,319) ($70,052)
Conservation Commission Fund ($102,175) ($116,729) ($119,914)
Insurance Dedicated Fund ($71,079) ($69,428) ($71,194)
Partial Estimated

Net Effect on All

State Funds#

($2,981,237) ($3,693,160) ($3,312,065)

*Unknown costs related to collective bargaining agreements are not included.

ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED FY 1999 FY 2000 FY 2001
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0

ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED FY 1999 FY 2000 FY 2001
Local Government# ($23,823,333) ($59,246,900) ($64,396,671)

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 15 pages.

FISCAL ANALYSIS

ASSUMPTION

The following agencies do not expect to be fiscally impacted: Missouri Consolidated Health Care Plan (HCP), House of Representatives (MHR),Office of Prosecution Services (OPS), State Auditor (SAU), Tax Commission (TAX), Veterans Commission (VET), Office of the Governor (GOV), Department of Revenue (DOR), Lottery Commission (LOT), Gaming Commission (GAM), State Public Defender (SPD), Office of Lt. Governor (MLG), Secretary of the Senate (SEN), Attorney General's Office (AGO), and State Treasurer's Office (STO).

The Coordinating Board for Higher Education (CBH) assumes that the fiscal impact would be unknown. CBH is a small agency with approximately 56 employees so it is conceivable that even if the employees unionized, labor costs may not increase as a result of a collective bargaining agreement. CBH did not indicate the need for any additional staff to deal with collective bargaining negotiations.

The Secretary of State (SOS) assumes that the fiscal impact would be unknown. The SOS would be responsible for the publication of the "Public Employee Relation Board's" regulations in the Missouri Register and the Code of State Regulations, as well as the cost of distribution of these regulations to the various subscribers. While the proposal alone would not require the SOS to hire additional staff, the cumulative effect of additional Register and Code publishing duties may at some point require additional staff or equipment. Oversight assumes that additional costs generated as a result in increased publication and distribution would be passed onto the consumer through fees and therefore could be absorbed.

The Office of State Courts Administrator (CTS) assumes that it would be doubtful for administrative costs to exceed $100,000 per year as a result of this proposal. Currently, employees of the judicial branch are not unionized and it is not known whether or not unionization would occur as a result of this proposal. If unionization occurs, administrative costs would increase depending upon the facts in any year, with arbitration needs and costs varying. Additionally, some training of administrative staff would be necessary, as well as the potential for additional management staff to deal with collective bargaining. Oversight assumes that if costs are less than $100,000 per year, the costs could be absorbed.





ASSUMPTION (continued)

The Department of Labor & Industrial Relations (DOL), State Board of Mediation expects to need a total of 21 FTE (i.e., 1- Research Analyst II, 1 - Labor Relations Specialist, 4 - Hearing Officers, 4 - Investigator II's, 6 - Clerk Stenographer III's, 4 - Clerk Typist II's, and 1 Budget Analyst) in order to implement collective bargaining for public employees. The Research Analyst would be responsible for collecting data and conducting studies relating to unionization trends in the public sector in Missouri as well as making comparisons with other states. This FTE would also compile and maintain the list of mediators and arbitrators and collect the pay and benefit data required. The Labor Relations Specialist would assist in establishing labor-management cooperative programs; evaluating the progress of the programs; researching available grants and grant writing; identifying problem areas; and developing recommendations to the present board. The Hearing Officers would hear disputed issues of fact in representation proceedings, take evidence and make recommendations to the Board. The Investigators would conduct investigations of alleged unfair labor practices; attempt to resolve disputes; and present findings to the board. The Budget Analyst would develop the agency budget, estimate the fiscal impact of proposed legislation, track budgetary expenditures and reconcile appropriated and actual expenditures. Currently, the Board has four members and a chairperson. This proposal would create the "Public Employee Relations Board" and provide for the functions, duties, powers and responsibilities of the State Board of Mediation to be transferred to it. Based on an Oversight Subcommittee decision, Oversight has allowed 12 FTE and corresponding expense and equipment.

The Labor & Industrial Relations Commission assumes that the Board will bear the cost of mediation and that mediation may occur in multiple locations on any given day. The assumption is that the Board would employ mediators for 480 days @ $700 per day. Total costs would be $287,000 in FY99; $354,732 in FY00; and $365,374 in FY01. Additionally, the Board assumes that there would be per diem costs for three board members for 130 days at $50 per day. Total costs would be $16,656 in FY99; $20,487 in FY00; and $20,999 in FY01. The per diem costs were not included in the fiscal impact section per the Oversight Subcommittee's decision.

The Department of Health (DOH) estimates costs based on the need for a Labor Relations Specialist and Clerk Typist II. These individuals would be necessary for contract negotiations, implementation, monitoring, grievance and arbitration. Additionally, approximately 200 managers and supervisors would need training with 50 new managers requiring the training annually. The average cost for training would be $100 per person.

Southwest Missouri State University (SMS) assumes that the fiscal impact would be unknown. The University expects that personnel costs would increase as a result of collective bargaining agreements.

ASSUMPTION (continued)

The University of Missouri assumes that the fiscal impact would be unknown. The University expects that personnel costs would increase as a result of collective bargaining agreements.

St. Louis City assumes that the fiscal impact would be unknown. The City expects that personnel costs would increase as a result of collective bargaining agreements. However, since the City currently sets the pay plans it would not expect any new costs to be incurred or the need for additional FTE for collective bargaining.

Divisions (i.e., Fire Safety, Highway Safety, Liquor Control and Highway Patrol) within the Department of Public Safety assume that they would not be impacted by this proposal. The Division of Water Patrol assumes that it would need one Water Patrol Sergeant and a half time Clerk Typist II. Oversight assumes two FTE (i.e., Labor Relations Specialist and Clerk Typist II) and corresponding expense and equipment for the entire department.

The Department of Economic Development (DED) estimates costs based on the need for a Labor Relations Specialist and Clerk Typist II. These individuals would be necessary for contract negotiations, implementation, monitoring, grievance and arbitration. Additionally, approximately 200 managers and supervisors would need training, with costs ranging between $100 and $250 per person per fiscal year. The first year of training is expected to cost more than following years; original training versus refresher training. DED also requested additional office space for the two FTE however, Oversight assumes that these FTE could be absorbed in the current facilities.

The Department of Elementary & Secondary Education (DES) assumes it would need two FTE (i.e., Director and Senior Secretary) as it does not have any labor relations staff. The additional FTE would be needed to handle the negotiations, grievances, arbitration and representation for 2,000 employees including, 38 State Schools for the Severely Handicapped, the School for the Blind in St. Louis, School for the Deaf in Fulton, and 33 district offices for Vocational Rehabilitation and Disability Determination statewide.

DES further assumes that 150 school districts would need to hire consultants/lawyers with expertise in union negotiations. An average cost of $20,000 was estimated, resulting in costs of $3.0 million. DES assumes that the cost would be split between the parties involved. The language of the proposal does not support this assumption; therefore, Oversight has shown the total $3.0 million as a costs to the local school districts. DES estimated arbitration costs at $10,000 for 100 districts or $1.0 million. This cost would be split between the parties involved in arbitration. A 3% inflationary factor was assumed instead of 4.5% as indicated by DES.



ASSUMPTION (continued)

The Department of Transportation (DHT) assumes that this proposal would result in unknown future costs related to court fees, arbitration costs and the consequences of arbitration. For example, there are 1,391 maintenance workers with an average monthly salary of $1,784. If, as a result of arbitration, the classification is raised one pay grade to an average salary of $1,927 the

increased costs for one year would be $2.4 million. Pay increases could impact the Highway, Road, Federal and General Revenue funds.

Additionally, DHT assumes that it would need additional FTE (i.e., Attorney, Legal Support Staff, Labor Relations Specialist, and Human Resources Support Staff) to handle grievances, negotiations and additional paperwork. Oversight allowed 2 FTE (i.e., Labor Relations Specialist, Clerk Typist II) and related expenses based on an Oversight Subcommittee decision.

The Department of Insurance (INS) assumes costs related to the need for additional FTE (i.e., Labor Relations Specialist and Clerk Typist II). The Insurance Department is considered a public employer as defined in section 105.200 (12); thus, allowing its employees to organize into certified collective bargaining units. The INS could establish as many as four collective bargaining units (i.e., examiners, clerical, technicians and middle managers). The Labor Relations Specialist would be responsible for the certification process for forming bargaining units; negotiations; arbitration of impasses and grievances; and hearings before the Public Employees Relations Board. Clerical support would be provided by the Clerk Typist II.

The Department of Conservation (MDC) assumes that it would need two additional FTE (i.e., Labor Relations Specialist and Clerk Typist II). The Labor Relations Specialist would be responsible for advising and directing the collective bargaining process including contract negotiations; grievance investigations; related classification problems and pay administration; and contract resolution training. Clerical support would be provided by the Clerk Typist II.

MDC assumes that arbitration / appeal costs will run approximately $4,000 per month over a 12 month period. Travel costs are estimated based on an average of three trips per month for the Labor Relations Specialist.

The Department of Mental Health (DMH) assumes that it would need 18 additional FTE (i.e., 1 - Labor Relations Specialist, 8 - Personnel Analyst II, 1- Clerk Typist III, and 8 - Clerk Typist II). The Labor Relations Specialist would be responsible for advising and directing the collective bargaining process including contract negotiations; grievance investigations; related classification problems and pay administration; and contract resolution training. The Personnel Analyst II's would administer and implement departmental policies and procedures, provide training, dispute resolution, and work with various union leaders. Clerical support would be provided by the Clerk Typist II and III. DMH assumes that arbitration / appeal costs will run

ASSUMPTION (continued)

approximately $10,570 per month over a 12 month period. Oversight assumes two FTE (i.e., Labor Relations Specialist and Clerk Typist II) and corresponding expense and equipment for the entire department.

The Department of Social Services (DOS), Personnel and Labor Relations Section estimated costs for eight additional FTE (i.e., four Personnel Officers I's and four Clerk Typist II's). DOS assumes that the Personnel Officers would be located in Kansas City, Springfield, St. Louis City and St. Louis County with clerical support being provided by the Clerk Typist II's. The Personnel Officers would provide technical support to outstate DOS offices in the areas of labor negotiations, contract administration and interpretation, and grievance administration. Additionally, DOS would need to provide training to 1,000 managers and supervisors at facilities statewide at a cost of $200 per manager for the first year and $100 per manager the second and third year. Training estimates were based on discussions with the Office of Administration and a survey of training providers. Oversight assumes two FTE (i.e., Labor Relations Specialist and Clerk Typist II) and corresponding expense and equipment for the entire department.

Based on a response from a similar proposal, the Department of Natural Resources (DNR) assumes that without established policies, procedures and no previous experience with collective bargaining, it would need three FTE (i.e., Labor Relations Specialist, Personnel Officer I, and Clerk Typist II) to handle the additional workload which would be created as a result of this proposal. Additionally, DNR anticipates providing training and orientation for 450 supervisory and managerial personnel at an estimated cost of $100 per person annually. Oversight assumes that 100 managers/supervisors would be trained in FY00 and FY01 since it would only be new employees who would need the training. DNR assumed costs would not be incurred until FY00.

The Department of Agriculture (AGR) assumes that it would need two additional FTE (i.e., Labor Relations Specialist and Clerk Typist II). The Labor Relations Specialist would be responsible for advising and directing the collective bargaining process including contract negotiations; grievance investigations; related classification problems and pay administration; and contract resolution training. AGR assumes that once the program is up and running there would be three arbitration cases introduced at the first of the year and four cases each year thereafter. Education and training for the Labor Relations Specialist and 16 individuals in pertinent key positions would begin immediately with 88 more managers and supervisors being trained in FY00 and five in FY01. Travel costs are estimated based on an average of three trips per month for the Labor Relations Specialist with two over night stays and an average of 200 miles per trip.



ASSUMPTION (continued)

The Office of Administration (OA) assumes that it would provide the primary representation for the sixteen agencies (possibly excluding the CTS) under the jurisdiction of the Governor with regard to labor relations activity. This assumption is based on the data obtained from Iowa and Illinois. Each agency would handle their own day-to-day contract administration and grievance arbitration. OA assumes that in order to provide the best representation, it would need to enhance its central labor relations staff since the Division of Personnel would be in a position to handle all labor relations matters before the Board for all state agencies; act as chief spokesperson concerning wages, fringe benefits and those matters which have uniform applicability to state employees; provide presentation during contract negotiations; represent agencies involved in contract arbitration; coordinate training for state supervisors and managers;

and coordinate the labor relations efforts in general for state agencies.

OA assumes that staffing would need to be completed on the effective date of the proposal in order to fully prepare to handle the new issues and cases which could arise. The Division of Personnel would be staffed with professionals to serve as negotiators, case presenters, arbitration representatives, training coordinators and budget specialists. In order to perform these tasks, OA assumes it would need an additional 23 FTE with 9 being located in the Employee/Labor Relations Section. The classifications needed were based on established staffing patterns in Iowa, Michigan and Ohio where the central labor relations functions have been designated for state coordination.

Missouri currently has one Employee Relations Manager dealing full time with the seven unions and eleven agreements in place. These eleven agreements affect over 22,000 employees. These agreements were not collectively bargained, but were the result of meet and confer requirements. Under collective bargaining, approximately 15,000 to 20,000 additional employees could be unionized. Therefore, it was assumed that six new labor relations specialists and three support staff would be working full time with the union representatives and management. The staff attorney and one support staff would be advising on legal matters including, presenting cases before the Boards, contract arbitration and the courts. The attorney would work for the General Counsel and would be doing background work on a year round basis. The budget analyst, two personnel analysts and one support staff would be preparing cost proposals while the other personnel analysts and one support staff would be following up on requests. The six training technicians would train the department trainers and employees. After three years, only three training technicians would be required. Based on an Oversight Subcommittee decision, OA's request was reduced to 9 FTE (i.e., 4 Labor Relations Specialists, 3 Staff Attorneys, 1 Paralegal Assistant, and 1 Clerk Stenographer III).



ASSUMPTION (continued)

Per a request from the Oversight Subcommittee in response to a similar proposal, OA prepared a

response which estimated the fiscal impact collective bargaining would have on local units of government and the effect that binding arbitration would have on state and local personnel cost.

In 1985 and 1986, OA requested information from political subdivisions on the effect of collective bargaining with final and binding arbitration. For purposes of this fiscal note, the same information has been used without any inflationary factor being included.

There are 3,100 governmental units in Missouri as identified by the U.S. Census Bureau. Not all of these units of government would experience the same level of activity during the first year. OA based its assumptions on information obtained from Iowa (1975-1980) and Illinois (1983-1988). Based on this information, it was estimated that there would be over 450 governmental

units with over 1,200 labor contracts to be negotiated in Missouri. It was estimated that 1,330 cases of one kind or another would be processed, ranging from unit hearings to contract negotiations to unfair practice complaints. Administrative, legal and bargaining costs would average $10,000 for each of these actions, for a total of $13,300,000.

Assuming that each bargaining unit would have three grievance arbitration cases per year at an average cost of $10,000, the total cost would be $36,000,000. The average cost of arbitration cases ranges from $3,000 to $20,000.

It can also be expected that all the governmental bodies that had a labor union would seek and/or participate in training programs for their elected officials, managers and supervisors. OA estimated an average of $2,000 would be spent by each governmental unit during the first year for training purposes. There would be on-going training cost of $500 per year for each governmental unit that has a collective bargaining agreement.

Governmental units would also either hire staff or employ consultants or counsel to advise them on a continuing basis. OA identified costs of $3,000 to $50,000 with a $15,000 average annual

cost for the staff and/or consulting, and further assumed that on average, one person would be employed in 250 of the largest units as permanent full-time employees; even though, this would increase overtime.

1,330 cases x $10,000 = $13,300,000 each contract year

$2,000 (training cost) x 450 governmental units = $900,000 first year

$500 (training cost) x 450 governmental units = $225,000 each year after

first year

$15,000 (salary) x 450 governmental units = $6,750,000 each year



ASSUMPTION (continued)

The cost of collective bargaining would be $20,950,000 the first year and would be $20,275,000 each year after, plus inflation. Additionally, with binding grievance arbitration, starting the second year and each year after, there would be additional costs of $36,000,000 to local governments.

State governments and large city governments that have collective bargaining that end with binding arbitration and/or the right to strike, as a rule, settle their agreements, 1% to 1.1% higher than would be settled in non-collective bargaining states like Missouri. For purposes of this fiscal note, the costs has been shown as unknown.

For purposes of this fiscal note, Oversight adjusted the agency responses received to reflect the decision of the Oversight Subcommittee on a similar proposal. The agency's which responded were allowed two FTE (i.e., Labor Relations Specialist and Clerk Typist II) except for the OA and the DOL which were allowed nine and twelve FTE, respectively. The fiscal impact related to the non-responding agencies was not included in the fiscal impact section. This fiscal note represents a partial fiscal estimate of the effect of collective bargaining with binding arbitration on the state of Missouri.

FISCAL IMPACT - State Government FY 1999 FY 2000 FY 2001
GENERAL REVENUE
Costs - All State Agencies
Increased Personnel Costs Resulting
from Collective Bargaining Agreement (Unknown) (Unknown) (Unknown)
Costs-Economic Development (DED)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($88,173) ($50,921) ($52,449)
Total Costs-DED ($139,845) ($114,502) ($117,620)
Costs-Department of Labor &
Industrial Relations (DOL)
Personal Service (12 FTE) ($242,265) ($298,105) ($305,558)
Fringe Benefits ($67,907) ($83,559) ($85,648)
Expense and Equipment ($455,072) ($472,542) ($486,718)
Total Costs-DOL ($765,244) ($854,206) ($877,924)
FISCAL IMPACT - State Government FY 1999 FY 2000 FY 2001
(Continued)
Costs-Department of Public Safety (DPS)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($35,473) ($30,921) ($31,849)
Total Costs-DPS ($87,145) ($94,502) ($97,020)
Costs-Department of Elementary &
Secondary Education (DES)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($16,730) ($7,931) ($8,169)
Total Costs-DES ($68,402) ($71,512) ($73,340)
Costs-Department of Agriculture (AGR)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($16,440) ($20,146) ($2,222)
Total Costs-AGR ($68,112) ($83,727) ($67,393)
Costs-Department of Mental Health (DMH)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($35,473) ($30,921) ($31,849)
Total Costs-DMH ($87,145) ($94,502) ($97,020)
Costs-Department of Social Services (DOS)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($231,332) ($122,364) ($52,449)
Total Costs-DOS ($283,004) ($185,945) ($117,620)
Costs-Department of Health (DOH)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($39,549) ($20,394) ($21,008)
Total Costs-DOH ($91,221) ($83,975) ($86,179)
FISCAL IMPACT - State Government FY 1999 FY 2000 FY 2001
(Continued)
Costs-Department of Natural Resources (DNR)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($59,657) ($16,126) ($16,310)
Total Costs-DNR ($111,329) ($79,707) ($81,481)
Costs-Office of Administration (OA)
Personal Service (9 FTE) ($232,975) ($286,674) ($293,841)
Fringe Benefits ($65,303) ($80,355) ($82,364)
Expense and Equipment ($191,830) ($135,284) ($112,842)
Total Costs-OA ($490,108) ($502,313) ($489,047)
Cost-State Public Colleges/Universities
Personal Service (20 FTE) ($ 279,585) ($ 573,149) ($ 587,478)
Fringe Benefits (89,944) (176,186) (180,591)
Equipment and Expense (60,125) (124,458) (128,192)
Arbitration Costs (100,000) (100,000) (50,000)
Consultation/Training Costs (20,000) (20,000) 0
Initial Contact Negotiations
(4-year institutions) 0 (280,000) 0
Total Costs ($549,654) ($1,273,793) ($946,261)
* State Public Colleges/Universities figures are from a 1992 response on collective bargaining.

PARTIAL ESTIMATED NET EFFECT

ON GENERAL REVENUE FUND* ($2,741,209) ($3,438,684) ($3,050,905)
*Unknown costs related to collective bargaining agreements not included in total.
FISCAL IMPACT - State Government FY 1999 FY 2000 FY 2001
(continued) (10 Mo.)
INSURANCE DEDICATED FUND
Costs-Department of Insurance (INS)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($19,407) ($5,847) ($6,023)
Total Costs-INS ($71,079) ($69,428) ($71,194)

ESTIMATED NET EFFECT ON

INSURANCE DEDICATED FUND ($71,079) ($69,428) ($71,194)
ROAD FUND
Costs-Department of Transportation (DHT)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($15,102) ($4,738) ($4,881)
Total Costs-DHT ($66,774) ($68,319) ($70,052)

ESTIMATED NET EFFECT

ON ROAD FUND ($66,774) ($68,319) ($70,052)
CONSERVATION COMMISSION FUND
Costs-Department of Conservation (MDC)
Personal Service (2 FTE) ($40,359) ($49,661) ($50,903)
Fringe Benefits ($11,313) ($13,920) ($14,268)
Expense and Equipment ($50,503) ($53,148) ($54,743)
Total Costs-MDC ($102,175) ($116,729) ($119,914)

ESTIMATED NET EFFECT ON

CONSERVATION COMMISSION FUND ($102,175) ($116,729) ($119,914)
FISCAL IMPACT - Local Government FY 1999 FY 2000 FY 2001
(10 Mo.)
LOCAL
Costs-Local Government
Collective Bargaining &
Binding Arbitration ($20,950,000) ($56,275,000) ($61,343,750)
Costs-City of St. Louis
Increased Personnel Costs
Resulting from Collective
Bargaining Agreement (Unknown) (Unknown) (Unknown)
Costs-School Districts
Consultants/Lawyers ($1,500,000) ($1,545,000) ($1,591,350)
Arbitration Costs ($833,333) ($1,030,000) ($1,060,900)
Cost-Community Colleges
Personal Service (12 FTE), Fringe
Benefits, Equipment and Expense ($300,000) ($396,900) ($400,671)
Initial Contract Negotiations ($240,000) $0 $0
Total Costs-Community Colleges ($540,000) ($396,900) ($400,671)
PARTIAL ESTIMATED NET
EFFECT ON LOCAL* ($23,823,333) ($59,246,900) ($64,396,671)
*Unknown costs related to collective bargaining agreements not included in total.



DESCRIPTION

This act relates to good faith employee negotiations. Procedures are detailed for elections, certification and decertification of bargaining representatives. Negotiations and specific impasse procedures are established, which includes a mediation and arbitration process. After reaching a negotiated agreement, the public employer shall request funds from the appropriate legislative body, which must be approved, otherwise those portions of the agreement which require funding do not take effect, however, any remaining provisions which do not require funding and do not conflict with state statute, ordinance or order of the appropriate public body become effective.

DESCRIPTION (continued)

It shall be unlawful for public employees to strike, and penalties are provided, including fines, decertification of the bargaining representative, forfeiture of seniority and tenure rights, and a class A Misdemeanor upon conviction for striking. Current law provides that certain employees shall not have the right to meet and confer. Such employees are: police, deputy sheriffs, highway patrol, National Guard and teachers of all Missouri schools, colleges and universities. This act removes the prohibition to meet and confer from police and school teachers.

The provisions of this act shall not apply to certain other employees, including: elected and certain appointed officials, members of boards and commissions, representatives of a public

employer, "confidential employees" (who work in personnel offices), temporary employees (4 months or less), part-time student teaching, research and service assistants, judges, inmates and patients of institutions, the Highway Patrol and legislative body employees.

The Board of Mediation may adopt rules pertaining to specific matters necessary to implement this act. Any such rule shall be promulgated pursuant to Chapter 536, RSMo, and as detailed in this act.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION

Office of Administration

Department of Agriculture

Department of Conservation

Department of Economic Development

Department of Elementary and Secondary Education

Department of Health

Department of Higher Education

Department of Transportation

Department of Insurance

Department of Labor and Industrial Relations

Department of Mental Health

Department of Natural Resources

Department of Public Safety

Department of Revenue

Department of Social Services

SOURCES OF INFORMATION (continued)

State Courts Administrator

State Lottery Commission

State Tax Commission

Office of Prosecution Services

State Public Defender

Chief Clerk - House of Representatives

Secretary of the Senate

Auditor

Attorney General

Governor

Lieutenant Governor

Secretary of State









Jeanne Jarrett, CPA

Director

April 1, 1998