SS#2/SCS/HB 1413 - This act modifies and expands the Public Sector Labor Law (PSLL). This act only applies to public employees and labor organizations that bargain with public bodies, except public safety labor organizations and the Department of Corrections.PAYROLL DEDUCTION RESTRICTIONS (Section 105.505)
This act allows a public body to withhold fees from public employee paychecks for the purpose of paying any portion of labor organization dues, agency shop fees, or any other fees paid to a labor organization only upon the annual consent of the public employee. The act also requires the public employee's annual consent for labor organizations to use such fees or dues for political purposes. Any authorization required by this act may be in written or electronic form.
Authorizing or refraining from authorizing any amount for any of the above purposes shall not be made a condition of employment or continued 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 public employee it represents, in an electronic searchable format. Represented public employees have a right of enforcement of these provisions.
This provision is substantially similar to SB 771 (2018), a provision in SCS/HB 251 (2017), 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).
FINANCIAL DISCLOSURE REQUIREMENTS FOR LABOR ORGANIZATIONS AND EMPLOYEES (Section 105.533 to 105.555)
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 (DOLIR), 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. The financial report shall additionally be made available to all of the members of the labor organization. Furthermore, DOLIR is required to make all reports available on-line in an electronic format. Members of the labor organization are allowed to examine any books, records, and accounts necessary to verify the reports made by the organization. Any court of competent jurisdiction shall be permitted to enforce this provision and grant reasonable attorney's fees and the 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, must file a financial interest statement with DOLIR containing information relating to any financial interests the employee/officer or such person's spouse or minor child may have with the labor organization, or any business or public body that does business with the 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 labor organization shall file their report within 90 days after the end of its fiscal year.
All reports and documents filed with the DOLIR are considered a public record. DOLIR is further required to make the records filed under this act available to any person or to the agency of another state at the request of the governor of such state. DOLIR 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 these provisions are subject to a fine of not more than $10,000, up to a year in prison, or both. Furthermore, DOLIR, a public body, or any other person may bring a civil action in the county where the violation occurred. Damages and attorney's fees shall be awarded for the enforcement of these provisions.
CERTIFICATION OF LABOR ORGANIZATIONS (Section 105.575)
This act provides for a secret ballot election to be conducted to certify a labor organization as the exclusive bargaining representative of a bargaining unit if at least 30% of the public employees 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 (SBM) at the public body's place of business or by mail-in ballot, at the discretion of the chairman of the SBM. Any labor organization receiving more than 50% of the votes of all public 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 public employees in the bargaining unit seeking representation.
DECERTIFICATION OF LABOR ORGANIZATIONS (Section 105.575)
Public employees within a bargaining unit have the right to decertify a labor organization as the exclusive bargaining representative of the unit. If 30% of public employees of the bargaining unit have signed cards indicating that they no longer wish to be represented by the labor organization, the SBM shall conduct an election asking the public employees as such at the public body's place of business or by mail-in ballot, at the discretion of the chairman of the SBM. If more than 50% of the public employees in the bargaining unit cast a vote to decertify the labor organization as exclusive bargaining representative, the organization shall immediately cease representing the bargaining unit.
If public 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.
RECERTIFICATION OF LABOR ORGANIZATIONS (Section 105.575)
All labor organizations that have previously been certified shall be recertified during the twelve-month period beginning on August 28, 2018, provided that any labor organization that has a labor agreement that expires after August 28, 2020 may be recertified at any time prior to, but in no event later than, August 28, 2020. All subsequent recertification elections shall take place every three years.
Recertification elections shall be held during a two-week period beginning on the anniversary of the initial certification, whether such certification occurred before, on, or after the effective date of this act. Public employees may vote either by telephone or on-line. Public employees shall elect the labor organization by more than 50% in order for the organization to be recertified.
If the public 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.
Failure on the part of a labor organization to schedule a recertification election shall result in immediate decertification of the labor organization as exclusive bargaining representative.
COLLECTIVE BARGAINING REQUIREMENTS (Sections 105.580 and 105.583)
Under current law, whenever proposals are presented by an exclusive bargaining representative to a public body, the public body is required to meet, confer, and discuss such proposals relative to salaries and other conditions of employment of the public employees. This act repeals that provision and instead requires an exclusive bargaining representative, within 8 weeks of certification, to 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.
Labor organization representatives and employees shall not be paid by a public body for time spent participating in or preparing for collective bargaining, except in the case of using accrued paid time off.
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 and a labor organization, bargaining for renewal shall take place every three years. Bargaining shall be completed within 30 days of the end of the fiscal year of the public body. The parties may elect to bargain non-economic terms for longer periods, but economic terms shall be adopted on a triennial basis only.
Prior to any tentative agreement being presented to an exclusive bargaining representative or a public body for ratification, it shall be discussed in detail at a public meeting, with notice of such meeting being posted at least 5 business days prior. A public body shall not be obligated to enter into any collective bargaining agreement.
LABOR AGREEMENT REQUIREMENTS (Section 105.585)
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 public employees;
• Expressly prohibiting the right to strike;
• Extending the duty of fair representation by a labor organization to public employees in any bargaining unit;
• Expressly prohibiting labor organization representatives and public employees from accepting paid time, other than unused paid time off that was accrued by public employees, by a public body for the purposes of conducting labor organization-related business, provided that paid time off may be allowed for certain purposes specified in the act;
• Informing public employees of their right to support or oppose labor organization activities; and
• Providing for the modification of economic terms by the public body, upon good cause, in the event of a budget shortfall.
No term, provision, or extension of a labor agreement shall exceed a period of three 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 considered a new labor agreement.
CIVIL ACTIONS (Section 105.595)
If any labor organization or representative of a labor organization or any public body or representative of a public body has violated or is about to violate the provisions of this act relative to certification, recertification, decertification, and collective bargaining, then DOLIR, 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.
PERSONAL CARE ATTENDANTS (Section 208.862)
The act specifies that the PSLL shall apply to all personal care attendants, organizations elected or seeking election as the exclusive bargaining representative of a bargaining unit of personal care attendants, and all officers and employees of such an organization. Furthermore, in the event of decertification of an organization as the exclusive bargaining representative, any subsequent certification will be subject to the certification procedures in this act.
MISCELLANEOUS
Under current law, the State Board of Mediation is required to use the services of the state hearing officer for contested cases under the Public Sector Labor Law. There being no such officer, this act repeals that provision.
This act is substantially similar to SCS/SB 602 (2018), the perfected HCS/HB 1577 (2018), HB 1923 (2018), SCS/SB 210 (2017), SS/SCS/HB 251 (2017), and HCS/HB 238 (2017). The act is similar in concept to provisions in SB 806 (2016), HB 1722 (2016), and SB 549 (2015).
SCOTT SVAGERA