Preheader text Missouri Supreme Court weighs challenge to public-sector labor lawsOn Nov. 16, the Missouri Supreme Court heard oral arguments in a challenge to HB1413, a 2018 bill that made several changes to the state's public-sector labor laws. Who are the parties to the suit?The plaintiffs are:
The defendants include several state and municipal government entities, including the Missouri Department of Labor and Industrial Relations and the State Board of Mediation. What's at issue?On June 1, 2018, Gov. Eric Greitens (R) signed HB1413 into law. The omnibus legislation made several changes to the state's public-sector labor laws:
The plaintiff unions sued in state court, alleging "HB1413's draconian restrictions on public-sector collective bargaining are incompatible with Article I, Section 29 of the [Missouri] Constitution, which expressly guarantees the right of employees 'to organize and bargain collectively' and to do so 'through representatives of their own choosing.’" On Jan. 27, Judge Joseph Walsh of the St. Louis County Circuit Court ruled in the unions' favor. The state appealed to the Missouri Supreme Court. What are the arguments?Missouri Attorney General Eric Schmitt (R), in his brief on behalf of the state defendants, wrote: [No] provision of HB 1413 violates employees’ right to 'bargain collectively' with 'representatives of their own choosing' under Article I, § 29. Contrary to the Constitution’s plain language and this Court’s cases, the trial court fundamentally misunderstood Section 29 by interpreting it to guarantee certain outcomes of bargaining, instead of the process of negotiation. The provisions of HB1413 do not affect any public employee’s ability to engage in collective bargaining, and they affirmatively protect employees’ ability to choose their own representatives through meaningful, democratically accountable procedures. [emphasis in the original] Jason Walta, a National Education Association lawyer and lead counsel for the plaintiffs, wrote in his brief: Not only are HB 1413’s burdens severe, they are discriminatory. Unlike any other regulation of public-sector collective bargaining in existence, HB 1413 grants or withholds public employees’ bargaining and speech rights based entirely on the identity of the union those employees decide to associate with and select as their bargaining representative. If they select a union that the Legislature sought to favor, HB 1413 imposes no restrictions on their collective bargaining or speech rights. If they select a union the Legislature sought to penalize, HB1413 renders collective bargaining a farce and saddles them and their union with onerous restrictions on speech and association. Case and court informationThe case name and number are Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, SC98412. What we're readingThe Big PictureNumber of relevant bill by stateWe are currently tracking 102 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 for a complete list of all the bills we're tracking. Number of relevant bill by current legislative statusNumber of relevant bill by partisan status of sponsor(s)Recent Legislative ActionsNo legislative actions have been taken on relevant bills since our last issue.
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