HB 2059 -- Professional Relationships Between Teachers and School
Districts Act

Sponsor:  Wilson (130)

This bill establishes the Professional Relationships Between
Teachers and School Districts Act.  Procedures are specified
under which local school boards will meet and negotiate with
employee representation councils created from the local
membership of employee organizations.  The employee organizations
must show proof that at least 10% of the employee unit supports
their representation.  A board of mediation is established for
investigating alleged violations of the process and bringing
action to enforce its orders.  Willful interference with an order
of the mediation board is a misdemeanor, subject to a fine of up
to $1,000.

The bill specifies what the mediation board is authorized to do
and cannot do.  Judicial review is permitted.  Employees have the
right to join and to refrain from joining an employee
organization, to present their individual grievances without
assistance from the organization, and to express opinions as long
as their expression does not interfere with the employee's
duties.  Employee organizations have the right to represent
employees, to use school facilities in certain circumstances, and
to have membership dues deducted from an employee's pay.
Employee councils have the right to represent the employees in
their unit, communicate with unit members, and use school
facilities in certain circumstances.  Members of management and
those with supervisory or confidential capacities will represent
themselves.  Employers may not threaten reprisal, deny the
employee organization or council any of their rights, refuse to
meet in good faith, or interfere with the formation of councils.
Employee organizations and councils may not cause or attempt to
cause violations of law, threaten reprisals, or refuse to meet in
good faith.  Employees may not strike, and employers may not lock
out employees.  Teachers face dismissal or the loss of tenure and
a $250 fine for each day of an illegal strike, while an employee
organization may be fined $5,000 per day for supporting a strike.
The district may be fined $5,000 per day for a lockout, and each
member of the school board and the superintendent may be fined
$250 per day.

Procedures for establishing an employee representation council,
the negotiation process, and the requirements for the written
agreement are specified in the bill.  The agreement becomes
effective upon its adoption by a simple majority, and a local
school board can also vote to reject or modify an agreement
instead of accepting it.  No party is required to enter into
binding arbitration.  The agreement document is a public
document, and the negotiation meetings are covered by the Open
Meetings and Records Law, commonly known as the Sunshine Law.

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