The Missouri Supreme Court has held that public employees, including teachers and other school employees, have a right under the Missouri Constitution to collectively bargain. The ruling was issued on May 29.

The case involved a school district that regularly met with representatives of the transportation and custodial employee associations to "meet and confer," as required under Missouri statute. The district also regularly met and discussed working conditions with teachers, although not required to do so by state statute. The Board entered into memorandums of understanding with these groups and, in the case of the teachers, a "discussion procedure" agreement.

Later the Board unilaterally adopted a new "Collaborative Team Policy" that contradicted the terms of the previous memorandums or agreements. The employee groups sued, claiming that the Missouri Constitution grants all employees the right to collectively bargain and enter into binding contracts with their employers.

The Missouri Supreme Court overruled two previous Court decisions to grant employees the right to collectively bargain, claiming that the law those decisions were based on has been largely abandoned and that the state legislatively has contradicted these cases by allowing for a form of collective bargaining in its Public Sector Labor Law, or "meet and confer" statutes. Although those statutes exclude teachers, the Court found that the statute does not prohibit school districts from bargaining with teacher's groups.

The Court relied heavily on the Public Sector Labor Law in its opinion and made it clear that there is no right in Missouri for public employees to strike, nor is there an obligation for a school district or other public entity to enter into an agreement with an employee group. However, once such an agreement has been entered into, it is binding on the public entity for the length of the agreement.

For more information on Independence-National Education Association v. Independence School District, contact the School Laws Department at (800) 221-6722. MSBA will be providing members with much more information on the impact of this ruling in the coming days and weeks.