Collective bargaining FAQs
| Missouri’s
collective bargaining timeline
| 1945 |
Missouri Constitution, Article
1, Section 29, declares:
In order
to assert our rights, acknowledge our duties,
and proclaim the principles on which our government
is founded, we declare: . . . [t]hat employees
shall have the right to organize and to bargain
collectively through representatives of their
own choosing. |
| 1947 |
Missouri Supreme Court rules in City
of Springfield vs. Clouse that collective
bargaining constitutional guarantee does not
include public employees. |
| 1965 |
Public Employee Labor Law gives certain
public employees the right to “meet
and confer” with employers to discuss
salaries and other conditions of employment.
|
| 1982 |
Missouri Supreme Court rules in Sumpter
vs. City of Moberly that any agreement
reached through the Public Sector Labor Law
meet-and-confer process is not binding upon
the public employer and, therefore, the employer
may unilaterally rescind the agreement at
any time. |
| 2007 |
In Independence NEA vs. Independence
School District, Missouri Supreme Court
overrules in Sumpter vs. City of Moberly
and City of Springfield vs. Clouse
-- giving all public employees, including
teachers, the right to bargain collectively
and reach binding agreements. |
|
Here’s
what you can do:
- Attend this year’s MNEA Summer
Academy, “Purpose, Power, Pride”
(P3). This year MNEA’s summer
training will focus on collective bargaining
and how it can benefit you, other members and
your local associations. Training will cover
preparation for bargaining, how to bargain and
a whole host of related subjects designed to
increase your locals capacity to take advantage
of the opportunities offered by the Supreme
Court decision. Sessions are geared to all different
local sizes, locations and stages of local development.
- Make your voice heard in your local.
Contact your local leaders and building
representatives to learn how the local association
is responding. Let them know what your priorities
are for bargaining an agreement with your school
district.
- Stay informed. Visit the
MNEA Web site for continuous updates on collective
bargaining in Missouri.
- Contact the governor and your legislators.
Let them know that collective bargaining for
Missouri’s education professionals is
a valuable step toward great public schools
for every student. Education employees, the
experts who make Missouri schools work, will
have a real voice at the table.
|
|
Why is this different from what our district is currently
doing?
This decision makes the agreements reached with districts
legally binding.
What affect does the Supreme Court’s decision
have on the current law?
This decision restores to public employees the right given
to them by the Missouri Constitution – the right to
bargain collectively through representatives of their own
choosing. Under current law, certain public employees were
excluded from exercising that right. In addition, the decision
makes clear that agreements made with school employees are
honored as is outlined in current contract law.
We will be able to bargain right away?
Yes.
What types of issues can be bargained?
Generally bargaining can include anything the parties
agree to discuss to improve learning and working conditions,
unless somehow limited by state statute. In many school districts
in states where bargaining occurs, issues such as salary,
benefits, class size, textbooks, teaching assignments, discipline
policies, time for professional development, and adequate
equipment and supplies have been bargained.
Does exclusive representation shut some employees
out of the process?
There’s nothing in this decision that would change Missouri
NEA’s dedication to public school employees. It would
only change the process by which employees can fairly negotiate
with their employers. The exclusive representative (the organization
elected to bargain the contract) has a duty to represent the
employees in the bargaining unit in matters related to the
contract and collective bargaining. All employees in the bargaining
unit have a voice in selecting the organization that will
represent all employees, just as citizens have a voice in
the selection of legislators and members of school boards.
Will collective bargaining cost districts more?
Collective bargaining doesn’t cost school districts.
The intent of collective bargaining is to create an environment
that allows the employees to engage in discussions with school
district administrators as equals to improve learning conditions
for students and working conditions for employees. If school
districts elect to bring in outside attorneys to bargain with
the employees, there could be extra costs. Collective bargaining
works best when the local employees and school district administrators
work together to resolve issues related to their schools.
In those instances where the local parties are unable to resolve
issues mutually, the parties may employ an independent arbitrator
to help them resolve issues. In those instances, there may
be some additional cost.
Will collective bargaining raise our taxes?
Any decisions about taxes will be made in the way they have
always been made -- by local communities coming together and
deciding what's best for their schools. We don't want to change
that. That's not what this Supreme Court decision is about.
This is about the fairness of public employees, like teachers,
having the same rights as everybody else.
Will teachers now be able to strike?
Missouri has one of the toughest anti strike laws for public
employees in the country. Missouri NEA does not want to change
that. MNEA wants to establish a process where public employees
can negotiate fairly with their employers, and when needed,
disputes would be decided by a neutral third party, not by
strikes.
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