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At the Capitol

Collective bargaining in plain English

“Employees shall have the right to organize and to bargain collectively
through representatives of their own choosing.”

This language is found in Article I, Section 29 of the Missouri Constitution. The meaning of this language is clear. However, despite this provision of the Missouri Constitution, public employees in Missouri are not allowed to exercise their rights to bargain collectively. The reason is a 1947 Missouri Supreme Court decision that interpreted this language as not applying to public employees.

The Missouri Constitution, which contains this provision, was adopted in 1945. During the debates leading up to the drafting of the Constitution, there was extensive discussion of this provision. Several amendments were offered, with the purpose of trying to limit its scope in relation to public employees; however, each of those amendments was defeated. Clearly, the drafters of the Constitution did not intend to restrict this provision to private-sector employees.

Two years after the adoption of the Constitution, the Missouri Supreme Court was presented a case involving labor unions representing employees of the City of Springfield. The Court decided that Article I, Section 29, of the Missouri Constitution did not apply to public employees. Although all people, including public employees, have the right “to peaceably assemble and organize for any proper purpose, to speak freely and to present their views to any public officer or legislative body” under the First Amendment to the United States Constitution, the Missouri Supreme Court decided that this right is separate from the right to bargain collectively. Therefore, public employees in Missouri, according to the Clouse decision, have the right to join associations and to present their views to public officers and public bodies. However, they do not have the right to engage in negotiations with these public officers and public bodies for the purpose of arriving at a binding labor contract. City of Springfield v. Clouse, 206 S.W.2d 539 (Mo. banc 1947).

Missouri NEA believes the plain language of the Missouri Constitution guarantees all employees, including public employees, the right to engage in collective bargaining. Missouri is one of only 15 states that prohibit public employee collective bargaining. There is nothing inherent in the nature of public employment that conflicts with the process of collective bargaining.

MNEA is currently involved in a lawsuit that arose out of the Independence School District wherein it is challenging the Clouse decision. MNEA will ask the Missouri Supreme Court to overturn that decision and allow the plain language of the Constitution be the law of the land. The trial of that case will be held in June 2006. If MNEA is successful, Missouri will join the ranks of the majority of states providing collective bargaining to public school employees.

Stay tuned for more information on this case, and rest assured that MNEA, as always, is fighting for the rights of its members and the integrity of public education.

by Jacquie Shipma
MNEA manager of legal services

Collective bargaining fast facts

The Missouri Constitution grants all Missouri employees, public and private, the right to bargain with their employer.

A Supreme Court case in 1947 and subsequent state statutes have taken away public employees’ constitutional rights to bargain.

Current law (RSMo 105.500) grants support staff the right to elect a representative to meet and confer with the district. Teachers are excluded from this right. Many teacher groups are allowed by the district to meet and confer, but this can change at the whim of the district.

Current law (RSMo 105.500) does not require meet and confer agreements to be reached by the parties.

In 2000, MNEA supported House Bill 1500, the most recent collective bargaining bill considered by the Missouri legislature that would have established strong penalties if teachers chose to strike. Those penalties included the following: the employee would be guilty of a class B misdemeanor, the employee organization would be decertified, the employee organization shall be fined $1,000 per day, the employee organization or officers can be held in contempt, the employee can be immediately discharged or forfeit seniority or tenure.

Collective bargaining is a process by which the local teachers have input with the local school board on local issues. Collective bargaining levels the playing field between employees and employer and legally protects the employees’ right to play an equal role in decisions that affect their work.

The collective bargaining process costs nothing. There are no automatic costs to a school district that bargains. Costs are incurred only if the parties choose to use an attorney or arbitrator, and the cost of an arbitrator is generally split between the parties.

Even though an exclusive representative is elected, the collective bargaining law as proposed in H.B. 1500 in 2000 does not force anyone to join or pay dues to any organization. Collective bargaining will not alter our constitutional right to freedom of association.

Collective bargaining provides teachers the choice to change the process that is currently used. Collective bargaining by definition is not controversial. It is an open process allowing all stakeholders a seat at the decision-making table. Collective bargaining is a process that works in 34 other states, including the neighboring states of Iowa, Kansas, Nebraska and Illinois.

With collective bargaining, local educators and the local board can choose what issues to bring to the table to bargain. In many school districts in states where bargaining occurs, issues such as textbooks, teaching assignments, discipline policies, time for professional development, class size, adequate equipment and supplies have been bargained.

 


 

 

 

 

 

 

 

 

 

 

 
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