SB 393 - This act repeals current public employee collective bargaining law and enacts a more comprehensive version.

This act creates a Public Employee Relations Board (PERB), composed of a member of management, a member of labor and a public member who shall also be the Chair. PERB shall administer collective bargaining laws, conduct studies, maintain a list of mediators and arbitrators, hold hearings and adopt rules.

Sixty days after appointment of the PERB, the duties assigned to the State Board of Mediation, pursuant to Chapter 295, RSMo, shall be transferred to PERB.

The public employer and an employee organization which is the exclusive bargaining representative shall meet at reasonable times for good faith negotiation of wages, hours and other conditions of employment. The agreement reached shall contain a grievance resolution procedure. The public employer shall negotiate only with the exclusive bargaining representative on collective bargaining matters.

Prohibited practices include refusing to negotiate in good faith, discriminating against, interfering with or coercing public employees as to their collective bargaining rights, and interfering with any employee organization.

Procedures are detailed regarding proceedings alleging violation of such prohibited practices, which shall be filed with the PERB. The PERB may designate hearing officers to conduct hearings. An appeals process also is detailed.

Nothing in this act shall be construed to modify or annul any existing collective bargaining agreement as of the date of this act.

Procedures are established for the certification and decertification of an exclusive bargaining representative.

Specific negotiations and impasse procedures are established for state employees and the state, which includes a mediation and a binding arbitration process. A non-state public employer and the exclusive bargaining representative may enter into a written agreement which establishes an impasse resolution procedure, which includes mediation and may include binding arbitration.

After reaching a negotiated agreement, the public employer shall request funds from the appropriate legislative body, which can be approved or rejected in whole. Failure to take action within the prescribed time period is deemed as approval of the funding. Negotiations may be reopened if the legislative body rejects the request.

It shall be unlawful for public employees to strike.

The provisions of this act shall not apply to certain employees, including: elected and certain appointed officials, members of boards and commissions, representatives of a public employer, "confidential employees" (who work in personnel offices), temporary employees (4 months or less), employees serving in the National Guard, judges, inmates and patients of institutions, the Highway Patrol and General Assembly employees.
MARGARET J. TOALSON