SS/SCS/HB 251 - This act creates new provisions of law relating to public labor organizations. This act only applies to public employees and labor organizations that bargain with public bodies. PAYROLL DEDUCTION RESTRICTIONS
This act allows labor organizations to withhold fees from employee paychecks only upon the annual consent of the employee. The act also requires the employee's annual consent for labor organizations to use fees and dues for political purposes. Any authorization required by this act may be in written or electronic form.
The receipt of any authorization to withhold dues or fees by a public body shall not obligate a public body to withhold dues or fees if it does not choose to do so.
The employee must authorize the amount to be used for political contributions to be transferred to the labor union's continuing committee. Authorizing or refraining from authorizing any amount shall in no way affect employment.
All labor organizations are required to maintain financial records in substantially the same form as are required by federal law. Such organizations are further required to make such records available to each employee it represents, in an electronic searchable format. Represented employees have a right of enforcement of these provisions.
This provision is substantially similar to SB 21 (2017), SS/HCS/HB 1891 (2016), which was vetoed by the Governor, SB 599 (2016), SB 129 (2015), SS/SCS/SB 29 (2013), and similar to SS/SCS/SB's 553 & 435 (2012), SB 435 (2012), SB 202 (2011), HB 492 (2011), SB 610 (2006), and SB 814 (1998).
REPORTING REQUIREMENTS FOR LABOR ORGANIZATIONS AND EMPLOYEES
This act requires certain reports to be made by labor organizations and officers and employees of such labor organizations.
Each labor organization is required to adopt a constitution and bylaws and file those with the Department of Labor and Industrial Relations, along with information relating to the membership and financial transactions of the organization. Additionally, a financial report disclosing the financial condition and operations of the preceding year shall be filed annually by the organization. The financial report shall be made available to all of the members of the organization. Furthermore, the Department of Labor and Industrial Relations is required to make each such report available on-line in an electronic format. Members of the labor organization shall be permitted to examine any books, records, and accounts necessary to verify any reports made by the organization. Any court of competent jurisdiction shall be permitted to enforce this provision and grant any reasonable attorney’s fees and costs of the action.
A labor organization shall file its initial report within 90 days of becoming subject to this act.
Every officer and employee of a labor organization, with the exception of clerical employees, is required to file a financial interest statement with the Department containing information relating to any financial interests the employee/officer or such person's spouse or minor child may have with such labor organization, or any business or public body that does business with such labor organization. Each officer and employee is required to keep all records that are necessary to corroborate the information contained in these reports for a period of at least five years.
Each officer or employee of a public labor organization shall file their report within 90 days after the end of its fiscal year.
All reports and documents filed with the Department are considered a public record. The Department is further required to make a reasonable provision for making the records available to any person. The Department is further required to make available without charge copies of records or reports filed by a person with the Department to another agency of another state at the request of the governor of such state. The Department may also require any person to furnish any records, reports, or documents to an agency of another state at the request of the governor of such state.
Violations of the reporting requirements of this act are subject to a fine of $100 for every day on which a person fails to file a required report. Additionally, any person who makes false statements or false entries with regard to reports or other information required by these provisions may be subject to a fine of not more than $10,000, imprisoned for not more than one year, or both.
The Department of Labor, a public body, or any other person may bring a civil action in the county where a violation of these provisions occurred. Damages and attorney's fees shall be awarded for the enforcement of the reporting requirements of this act.
CERTIFICATION OF LABOR ORGANIZATIONS
This act provides for a secret ballot election to be conducted to certify the exclusive bargaining representation of a bargaining unit if at least 30% of the members of that bargaining unit have signed cards indicating they want a particular labor organization to serve as their exclusive bargaining representative. Such election shall be conducted by the State Board of Mediation.
Once the election date is set, the public body is required to issue a notice informing eligible voters of the time, date, and place of the election. All employees shall have the right to freely express their opinions regarding the labor organization. No employee or representative of the labor organization shall attempt to threaten, intimidate, coerce, or otherwise restrain any eligible voter in freely exercising his or her choice regarding the selection of the labor organization as the exclusive bargaining representative. Any labor organization receiving more than 50% of the votes of all employees in the bargaining unit shall be designated and recognized as the exclusive bargaining representative.
Elections for certification shall be paid through the levying of fees on each labor organization according to the number of members in the bargaining unit seeking representation.
DECERTIFICATION OF LABOR ORGANIZATIONS
Employees within a bargaining unit have the right to decertify a labor organization as the exclusive bargaining representative of the unit. If 30% of employees of the bargaining unit have signed cards indicating that they no longer wish to be represented by the labor organization, the State Board of Mediation shall conduct an election asking the employees as such. The election shall be conducted in the same manner as the certification election. If more than 50% of the employees cast a vote to decertify the labor organization as exclusive bargaining representative, the organization shall immediately cease representing the bargaining unit.
If employees decertify a labor organization as exclusive bargaining representative, all terms and conditions of employment existing at the time shall remain in place until such terms and conditions are changed by the public body.
Elections for decertification shall be paid through the levying of fees on each labor organization according to the number of members in the bargaining unit seeking representation.
BIENNIAL RECERTIFICATION OF LABOR ORGANIZATIONS
Labor organizations serving as exclusive bargaining representative shall be recertified by election on a biennial basis. Such election shall be held during a two-week period beginning on the anniversary of the initial certification. Employees may vote either by telephone or on-line. Employees shall elect the labor organization by more than 50% in order for the organization to be recertified. The Board shall prescribe a reasonable provision for a fee for the recertification election.
If the employees fail to recertify a labor organization as exclusive bargaining representative, all terms and conditions of employment existing at the time shall remain in place until such terms and conditions are changed by the public body.
Elections for recertification shall be paid through the levying of fees on each labor organization according to the number of members in the bargaining unit seeking representation.
COLLECTIVE BARGAINING REQUIREMENTS
Within 8 weeks after a labor organization has been selected as the exclusive bargaining representative of a bargaining unit, the organization shall meet and bargain with the public body regarding wages, benefits, and other terms and conditions of employment.
Neither a public body nor a labor organization shall be required to offer any particular concession or withdraw a particular proposal. Prior to being presented to a public body, any agreement or memorandum of understanding shall be ratified by a majority of the members of a labor organization. The public body may accept all or part of such an agreement.
Neither a public body nor a labor organization shall be subject to binding mediation, binding interest arbitration, or interest arbitration in the event that the parties are unable to reach an agreement.
After an initial agreement is reached between a public body or a labor organization, bargaining for renewal shall take place on an annual basis. The parties may elect to bargain non-economic terms for longer periods, but economic terms shall be adopted on an annual basis only.
Any meeting concerning a labor agreement between a public body and an exclusive bargaining representative is subject to the Missouri Sunshine Law. Further, any document presented by a public body during a meeting concerning a labor agreement is also subject to the Missouri Sunshine Law.
LABOR AGREEMENT REQUIREMENTS
Every labor agreement reached between a public body and a labor organization is required to contain the following provisions:
• Reserving to management the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge employees;
• Expressly prohibiting the right to strike;
• Extending the duty of fair representation by a labor organization to employees in any bargaining unit;
• Expressly prohibiting labor organization representatives and employees from accepting paid time, other than unused paid time off that was accrued by employees, by a public body for the purposes of conducting labor organization-related business;
• Informing employees of their right to support or oppose labor organization activities;
• Providing for the modification of economic terms in the event of a budget shortfall.
No term, provision, or extension of a labor agreement shall exceed a period of two years. Any modification, extension, renewal, or any change whatsoever to a labor agreement in effect as of the effective date of this act shall be continued as a new labor agreement.
CIVIL ACTIONS
If any labor organization or representative of a labor organization has violated or is about to violate the provisions of this act relating to certification and collective bargaining, the Department of Labor and Industrial Relations, a public body, or any citizen of Missouri may bring an action in the county where the violation occurred for relief as may be appropriate. Such persons may seek damages and attorney's fees.
This act is substantially similar to SCS/SB 210 (2017) and similar in concept to provisions in SB 806 (2016) and SB 549 (2015).
SCOTT SVAGERA