- Substitute -

SS/SCS/SB 471 - This act relates to good faith employee negotiations.

Current law provides that certain employees shall not have the right to meet and confer. Such employees are: police, deputy sheriffs, highway patrol, National Guard and teachers of all Missouri schools, colleges and universities. This act removes the prohibition to meet and confer from police and school teachers. This act allows public employees not otherwise exempted to elect designees to meet and confer and participate in good faith negotiations with public bodies.

Procedures are detailed for elections, certification and decertification of representatives.

Public employees may refuse to join or participate in an employee organization, including payment of dues or fees, except to the extent the agreement between the public body and the representative of public employees require service fees as a condition of employment.

Negotiations and specific impasse procedures are established, which includes a mediation process for all public bodies and public employees. If mediation fails to resolve issues, all issues are submitted to the legislative body according to the legislative and budgetary process.

It shall be unlawful for public employees to strike, and penalties are provided, including fines, decertification of the bargaining representative, forfeiture of seniority and tenure rights, and confinement in a county jail.

The provisions of this act shall not apply to certain other 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), part-time student teaching, research and service assistants, judges, inmates and patients of institutions, and employees of any legislative body.

The Board of Mediation may adopt rules pertaining to specific matters necessary to implement this act. Any such rule shall be promulgated pursuant to Chapter 536, RSMo, and as detailed in this act.

ADOPTED AMENDMENTS FOR SS/SCS/SB 471:

SA 4 - ADDS BINDING ARBITRATION PROCEDURES FOR POST-MEDIATION NEGOTIATIONS BETWEEN THE STATE AND THE REPRESENTATIVE OF STATE EMPLOYEES ONLY. FOR PUBLIC BODIES AND PUBLIC EMPLOYEES OF POLITICAL SUBDIVISIONS, ISSUES ARE SUBMITTED TO THE LEGISLATIVE BODY IF MEDIATION FAILS TO RESOLVE ISSUES.

SA 1 TO SA 4 - ARBITRATION IS BINDING, BUT SUBJECT TO APPROPRIATION OF FUNDS BY THE GENERAL ASSEMBLY.

SA 5 - REMOVES EXEMPTION OF LEGISLATIVE EMPLOYEES FROM THE ACT.

SA 6 - COST OF MEDIATION SERVICES ARE BORNE BY APPROPRIATION OF FUNDS BY THE GENERAL ASSEMBLY.

MARGARET J. TOALSON