May 2007 E-Alert

Missouri Supreme Court Overturns Long Standing Precedent

Independence-National Education Association, et al. v. Independence School District: A Fundamental Change in Missouri’s Public Sector Labor Law

On May 29, 2007, the Missouri Supreme Court handed down its decision in the case of Independence-National Education Association, et al. v. Independence School District. The Supreme Court ruled that all public employees have the right to bargain collectively and governmental entities may not impose new terms and conditions of employment without first meeting and conferring with its employees’ collective bargaining representative. This decision represents a departure from over sixty (60) years of case law.

Previously, the Missouri Supreme Court interpreted Article I, Section 29 of Missouri’s Constitution as allowing public bodies to disregard agreements made with employee associations or unions. Additionally, the Courts previously held that under the Missouri public sector labor law, police, deputy sheriffs, Missouri state highway patrolmen, Missouri national guardsmen, and all teachers in Missouri’s schools, colleges and universities did not have collective bargaining rights. In overturning these longstanding principles of Missouri public sector labor law, the Missouri Supreme Court expressly ruled that a public body must adhere to the terms of any contract with a labor union or employee association and public bodies could not unilaterally abandon the contractual obligations outlined in a Memoranda of Understanding with its employees.

As noted, the Missouri Supreme Court’s Independence School District decision represents a dramatic shift in the arena of Missouri public sector labor law. This decision will likely encourage union organizing among public employees and dramatically alter both the tenor and substance of meet and confer discussions between public sector labor unions and employee associations. The Lowenbaum Partnership encourages all public sector employers to evaluate your vulnerability to union organizing and to develop a comprehensive bargaining strategy to avoid costly, inefficient and ineffective contract terms which, given the Supreme Court’s recent decision, are binding and not subject to unilateral amendment. The Lowenbaum Partnership’s experienced public sector labor lawyers stand ready to consult with you should you require some direction.

The decision of the Missouri Supreme Court does not alter a private employer's obligations under the National Labor Relations Act (NLRA). As you were advised in a prior e-alert, the Employee Free Choice Act (EFCA), if enacted, would dramatically improve the ability of a union to organize a private employer and, through interest arbitration, obtain favorable collective bargaining agreements. Given these state and federal developments TLP recommends that both public and private employers give serious consideration to managerial and supervisory training on the issue of union organizing. We would be happy to provide such training upon request.

This E-Alert is intended as in informal summary of certain recent legislation, cases, rulings and other developments. This E-Alert does not constitute legal advice or a legal opinion and is not an adequate substitute for advice of counsel. This E-Alert is not intended to nor does it create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements. If this E-Alert is deemed to be an advertisement please disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of us. The exact nature of your legal situation will depend on many facts not known to us at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.