Educators reclaim bargaining rights
Missouri Supreme Court ruling confirms educators’
right to bargain collectively with their employers.
On May 29, the Missouri Supreme Court confirmed in its ruling
on Independence NEA vs. Independence School District
that public employees, including teachers and education support
professionals, have a constitutional right to bargain collectively
with their employers.
The ruling supports Article 1, Section 29 in the Missouri
Constitution, which provides “That employees shall have
the right to organize and bargain collectively through representatives
of their own choosing.”
“This is great news for all public employees, but it
is especially good news for Missouri’s educators and
students,” says Missouri NEA President Greg Jung. “This
decision, allowing all the experts a place at the table, provides
a means for collaborative decision making combined with accountability.
Ultimately, the result is better working and learning conditions
in Missouri schools.”
The case began in 2003 when MNEA employee groups in the Independence
School District filed a lawsuit against their school district,
which unilaterally rescinded the employees’ contract.
When the Trial Court, in 2006, decided in favor of the district
based on Springfield vs. Clouse and Sumpter vs.
City of Moberly, the Independence MNEA groups took their
case to the Missouri Supreme Court.
“The perseverance of local leaders in Independence
and the legal advocacy efforts of Missouri NEA have opened
doors for a new era in Missouri’s public schools,”
Jung says.
The ruling reverses a 1947 decision, Springfield vs.
Clouse, whereby the Court ruled that the constitutional
language did not apply to public employees, and the 1982 decision,
Sumpter vs. City of Moberly, whereby the Court ruled
that meet-and-confer agreements were not legally binding.
“This decision is also about fairness and honoring
commitments,” says NEA President Reg Weaver. “Before
this decision in Missouri, any agreements made between associations
representing teachers and education support professionals
and local school administrators could be determined null and
void at any time by the district. It was unfair. We have to
model good behavior for our students and set good examples.
If we expect students to be fair and honor their commitments,
then as adults, we should do the same."
In both the neighboring states of Iowa and Kansas, and 32
others, collective bargaining correlates with increased student
achievement and a more stable workforce.
“MNEA believes that every child has the basic right
to attend a great public school, and the court’s decision
allows educators to have a voice in how that is accomplished,”
Jung says.
For further information:
DeeAnn
Aull
573-634-3202
May 29, 2007
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