HB 2030 -- Public Employment Relations Act

Sponsor:  Lowe (44)

This bill establishes the Public Employment Relations Act and
requires, within 30 days of the effective date of the bill, the
Commissioner of the Office of Administration to appoint a chief
negotiator to represent the state in negotiations and to
administer all labor contracts entered into by the state.

Public employees may refuse to join an employee organization and
refuse to pay any fees, dues, assessments, or service fees except
those agreed upon by the public body and the employee
organization required as a condition of employment.  The payment
of service fees is not to exceed the dues paid by an employee
organization member.  The representative of the employee
organization, as a requirement for receiving service fees from
nonparticipating employees, is required to provide certain
safeguards regarding the payment of the service fees.  Certain
public employees are exempt from the requirements of the bill.

Requirements for the formation and the function of public
employee bargaining units are specified.  Certain statewide
bargaining units and the corresponding occupations included in
the units are specified in the bill.  Final determination of the
appropriate placement of occupational classifications in the
units is vested in the State Board of Mediation within the
Department of Labor and Industrial Relations.

The board is required to adopt rules and regulations for the
certification and decertification of exclusive bargaining
representatives, impasse procedures, grievance procedures,
payment of fees and assessments, holding of hearings, collection
of data, maintenance of a list of qualified mediators and
arbitrators, and enforcement of good faith negotiation rights.

If requested negotiations reach an impasse, either participating
party may request the state board to appoint a mutually agreed
upon mediator.  The bill specifies mediation procedures, time
requirements, and factors to be considered by the mediator in
negotiations between the parties.

Any final agreement requiring appropriations by the employing
public body is subject to all applicable laws and will be
addressed in the budget submitted by the Governor and must follow
the required appropriations process.

Any employee organization and public employer may sue or be sued
as an entity under the provisions of the bill.

The bill makes it unlawful for public employees to strike or for
any public employer, public employee, or employee organization to
refuse to negotiate in good faith with respect to the scope of
negotiations.  A public employer is prohibited from willfully:

(1)  Interfering with, restraining, or coercing public employees
in the exercise of their rights;

(2)  Dominating or interfering with the administration of any
employee organization;

(3)  Encouraging or discouraging membership in any employee
organization, committee, or association by discrimination in
hiring, tenure, or other terms or conditions of employment;

(4)  Discharging or discriminating against a public employee
because the employee has filed an affidavit, petition, or
complaint; given information or testimony; or formed, joined, or
chosen to be represented by an employee organization;

(5)  Refusing to negotiate collectively with certified employee
organization representatives;

(6)  Denying the rights accompanying certification or exclusive
recognition granted;

(7)  Refusing to participate in good faith in any agreed upon
impasse procedures; or

(8)  Engaging in a lockout.

Proceedings against a party alleging a violation of the
provisions of the bill are to be heard before the board.
However, the board may designate an administrative law judge to
conduct the hearing.  If the board finds that the party has
committed a prohibited practice, the board may, within 30 days of
its decision, enter into a consent order with the party to
discontinue the practice, or after the 30 days following the
decision, may petition the circuit court for injunctive relief.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm