HCS HB 2059 -- PROFESSIONAL RELATIONSHIPS BETWEEN TEACHERS AND
SCHOOL DISTRICTS ACT (Wilson, 130)

COMMITTEE OF ORIGIN:  Special Committee on General Laws

This substitute 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.

The substitute specifies what the representation council 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
if it 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.  Representation
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 its rights, refuse to meet in good
faith, or interfere with the formation of representation
councils.  Employee organizations and representation 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:

(1)  $1,000 for a school district with an enrollment of up to but
no more than 350 students;

(2)  $1,500 for a school district with an enrollment of between
351 and 1,000 students;

(3)  $3,000 for a school district with an enrollment of between
1,001 and 3,500 students;

(4)  $5,000 for a school district with an enrollment of between
3,501 and 7,500 students; or

(5)  $7,500 for a school district with an enrollment of more than
7,500 students.

Procedures for establishing a representation council, the
negotiation process, and the requirements for the written
agreement are specified in the substitute.  Each member of a
representation council is allowed the opportunity for a
ratification vote of his or her organization's members prior to
signing off on an agreement.  The agreement reached by the
representation council will be sent to the local school board to
accept or send back to the negotiating team for further
negotiating at which time the local school board may enter into
impasse procedures or arbitration as allowed by school district
policy.  Once the agreement reaches the local school board for a
second time, it may accept, reject, or modify the agreement.  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.

The State Board of Mediation is authorized to investigate alleged
violations of the process and bringing action to enforce its
orders.  The substitute creates the crime of interfering with the
state board, a class A misdemeanor, when any person purposely
resists, prevents, impedes, or interferes with any member of the
board or its agents in the performance of their duties.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $222,888
in FY 2009, $266,827 in FY 2010, and $274,833 in FY 2011.  No
impact on Other State Funds in FY 2009, FY 2010, and FY 2011.

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