HB 3283 — Modifies provisions relating to public labor organizations

SECOND REGULAR SESSION [PERFECTED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NOS.

3283 & 3306 103RD GENERAL ASSEMBLY 6963H.03C6963H.03P JOSEPH ENGLER, Chief Clerk AN ACT To amend chapter 105, RSMo, by adding thereto one new section relating to public labor organizations.

WithinThe thirtyprovisions daysof afterthis asection laborshall organizationapply hasonly beento designated as the exclusive bargaining representative for the public employees inauthorized ato bargainingform unit, representatives of the public body, designated by the public body, and representativesjoin of the labor organization,organizations selectedunder bysection the105.510. labor organization, shall meet and begin bargaining in good faith for an agreement covering the wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit.

TheWithin thirty days after a labor organization andhas been designated as the exclusive bargaining representative for the public bodyemployees in a bargaining unit, representatives of the public body, designated by the public body, and representatives of the labor organization, selected by the labor organization, shall engagemeet and begin bargaining in good faith bargainingfor withan eachagreement other'scovering designatedthe representatives.wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit.

The labor organization and the public body shall engage in good faith bargaining with each other's designated representatives.

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(2) Within fourteen days after the period in subdivision (1) of this subsection has expired, the parties shall mutually agree on a neutral mediator selected from a panel of neutrals from the United States District Court of either the Western or Eastern District ofEXPLANATION Missouri.— Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.

If the parties cannot agree on a neutral mediator within fourteen days, the matter shall be referred to the board and the board shall assign a mediator.

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.

HCS HBs 3283 & 3306 2 (3) If, after the dispute has been referred to a mediator, whether the neutral mediator or the state board of mediation,Missouri. the dispute has not been resolved within ninety days, the dispute shall be referred to arbitration through an arbitrator as selected pursuant to subsection 4 of this section.

If the parties cannot agree on a neutral mediator within fourteen days, the matter shall be referred to the board and the board shall assign a mediator.

(3) If, after the dispute has been referred to a mediator, whether the neutral mediator or the state board of mediation, the dispute has not been resolved within ninety days, the dispute shall be referred to arbitration through an arbitrator as selected pursuant to subsection 4 of this section.

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If the parties do not agree an HCS HBs 3283 & 3306 3 impasse has been reached, in a singular hearing, the arbitrator shall hear both the procedural and substantive arguments of the parties.

Before the arbitrator can render a HCS HBs 3283 & 3306 3 decision on the parties' substantive arguments, the arbitrator shall first determine whether an impasse has been reached.

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At no time after a labor organization has been designated as the exclusive bargaining representative for the public employees in a bargaining unit, or after an agreement covering the wages, benefits, and other terms and conditions of employment for public employees within a bargaining unit has expired, shall the public body make any unilateral changes to wages, benefits, or other terms and conditions of employment subject to mandatory bargaining.

Any such unilateral changes shall be considered a HCS HBs 3283 & 3306 4 failure to bargain in good faith.

If the labor organization believes that the public body has made unilateral changes to wages, benefits, or other terms and conditions of employment subject to mandatory bargaining, the labor organization may seek declaratory relief, injunctive relief, and monetary damages arising from the unlawful unilateral change in an appropriate state or federal court.

At no time after a labor organization has been designated as the exclusive bargaining representative for the public employees in a bargaining unit, or after an agreement covering the wages, benefits, and other terms and conditions of employment for public employees within a bargaining unit has expired, shall the public body make HCS HBs 3283 & 3306 4 any unilateral changes to wages, benefits, or other terms and conditions of employment subject to mandatory bargaining.

Any such unilateral changes shall be considered a failure to bargain in good faith.

If the labor organization believes that the public body has made unilateral changes to wages, benefits, or other terms and conditions of employment subject to mandatory bargaining, the labor organization may seek declaratory relief, injunctive relief, and monetary damages arising from the unlawful unilateral change in an appropriate state or federal court.

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