Picketing encompasses any form of protest against an employer
------------------------------------------------------------
Welcome to _Union Station_, our weekly newsletter that keeps you abreast of the legislation, national trends, and public debate surrounding public-sector union policy.
** MISSOURI SUPREME COURT STRIKES DOWN STATE LAW BARRING PUBLIC SECTOR WORKERS FROM PICKETING
------------------------------------------------------------
On March 31, the Missouri Supreme Court ([link removed]) affirmed a lower court's decision striking down a state law barring public-sector workers from picketing. Picketing encompasses any form of protest against an employer, including, but not limited to, striking. Neither court's decision had any bearing on Missouri's prohibition against public-sector worker strikes.
** WHO WERE THE PARTIES TO THE SUIT?
------------------------------------------------------------
Rebecca Karney and Johnny Miller, dispatchers for the Jackson County Sheriff's Office and members of the Communication Workers of America, were the plaintiffs. The defendants were the Missouri Department of Labor and Industrial Relations ([link removed]) ; Todd Smith, chairman of the Missouri Board of Mediation ([link removed]) ; the government of Jackson County, Missouri, and Jackson County Sheriff Darryl Forté ([link removed]) .
** WHAT WAS AT ISSUE?
------------------------------------------------------------
Section 105.585(2) of the Revised Statutes of Missouri ([link removed]) , enacted in 2018, requires any labor agreement negotiated between a public entity and a union to prohibit employees from striking and picketing. At the time of enactment, Missouri was a Republican trifecta, meaning Republicans held the governorship and majorities in both chambers of the state legislature. The text of the statute reads as follows:
“
Every labor agreement shall expressly prohibit all strikes and picketing of any kind. A strike shall include any refusal to perform services, walkout, sick-out, sit-in, or any other form of interference with the operations of any public body. Every labor agreement shall include a provision acknowledging that any public employee who engages in any strike or concerted refusal to work, or who pickets over any personnel matter, shall be subject to immediate termination of employment[.]
”
The plaintiffs alleged Section 105.585(2) violated the following sections of the Missouri Constitution:
* Article I, Section 2 ([link removed]) : Provides that "all persons have a natural right to life, liberty, and the pursuit of happiness and the enjoyment of the gains of their industry."
* Article I, Section 8 ([link removed]) : Provides for freedom of speech.
* Article I, Section 9 ([link removed]) : Provides for the right to peaceably assemble.
* Article I, Section 29 ([link removed]) : Provides for the right to organize labor unions and bargain collectively.
The plaintiffs filed suit in the Jackson County Circuit Court on Aug. 23, 2018. On March 12, 2019, Judge Jim Kanatzar ruled in favor of the plaintiffs and enjoined the state from prohibiting picketing. The decision was appealed to the Missouri Supreme Court, which heard oral arguments on Jan. 14, 2020.
** HOW DID THE HIGH COURT RULE?
------------------------------------------------------------
The Missouri Supreme Court unanimously affirmed the circuit court's ruling. Judge Zel Fischer ([link removed]) wrote the following in the court's opinion ([link removed]) :
“
Section 105.585(2)'s prohibition against 'picketing of any kind' fails to recognize there are matters of public concern about which public employees retain their constitutional right to comment on so long as their speech does not impede the efficiency of the state services performed through state employees. However, the remainder of § 105.585(2) is in accord with constitutional limitations on public employee speech. Severance of the phrase 'and picketing of any kind' is appropriate and renders the provision constitutional.
”
ABOUT THE MISSOURI SUPREME COURT
There are seven seats on the Missouri Supreme Court. When a seat on the court becomes vacant, the Missouri Appellate Judicial Commission submits three names to the governor who in turn selects a replacement. If the governor does not make a selection, the responsibility falls to the commission. After one year on the court, an appointed judge must run in the next general election to retain the seat. Supreme court judges serve 12-year terms and must win their retention elections to remain on the court. Retention elections are nonpartisan. The bench currently includes four judges who were initially appointed by Democratic governors and three who were initially appointed by Republicans.
** CASE INFORMATION
------------------------------------------------------------
The case name and number are _Karney v. Department of Labor and Industrial Relations_ (SC97833).
------------------------------------------------------------
[link removed]
------------------------------------------------------------
** WHAT WE'VE BEEN READING
------------------------------------------------------------
* Fox 43, "Union workers raise concerns about working conditions in public sector jobs," April 7, 2020 ([link removed])
* Honolulu Civil Beat, "Hawaii Public Workers Want Hazard Pay During Coronavirus Pandemic," April 3, 2020 ([link removed])
* Chicago Sun-Times, "Unionized public-sector workers call for more COVID-19 help from feds," March 30, 2020 ([link removed])
------------------------------------------------------------
** THE BIG PICTURE
------------------------------------------------------------
** _NUMBER OF RELEVANT BILLS BY STATE_
------------------------------------------------------------
We are currently tracking 93 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here ([link removed]) for a complete list of all the bills we're tracking.
** _NUMBER OF RELEVANT BILLS BY CURRENT LEGISLATIVE STATUS_
------------------------------------------------------------
** _NUMBER OF RELEVANT BILLS BY PARTISAN STATUS OF SPONSOR(S)_
------------------------------------------------------------
------------------------------------------------------------
** RECENT LEGISLATIVE ACTIONS
------------------------------------------------------------
Below is a complete list of relevant legislative actions taken since our last issue. Bills are listed in alphabetical order, first by state, then by bill number. The partisan affiliation of bill sponsor(s) is also provided.
* VERMONT S0254 ([link removed]) : This bill would require public employers to provide unions with employee contact information. It would provide for the automatic deduction of union dues from members' paychecks, and it would permit unions to meet with new employees to provide them with information regarding union membership.
* Democratic sponsorship.
* Senate Committee on Economic Development, Housing and General Affairs reported favorably with amendments April 9.
------------------------------------------------------------
Thank you for reading! Let us know what you think! Reply to this email with any feedback or recommendations.
BALLOTPEDIA DEPENDS ON THE SUPPORT OF OUR READERS.
The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.
Click here to support our work ([link removed])
------------------------------------------------------------
============================================================
** Follow on Twitter (#)
** Friend on Facebook (#)
** Forward to Friend ([link removed])
_Copyright © 2020, All rights reserved._
OUR MAILING ADDRESS IS:
Ballotpedia
8383 Greenway Blvd
Suite 600
Middleton, WI 53562
** unsubscribe from all emails ( [link removed] )
** update subscription preferences ( [link removed] )
** ( [link removed] )
