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SECOND REGULAR SESSION
HOUSE BILL NO. 3306
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KIMBLE.
7237H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 105, RSMo, by adding thereto one new section relating to public labor
or ganizations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 105, RSMo, is amended by adding thereto one new section, to be
2 known as section 105.515, to read as follows:
105.515 . 1. Wi thin thirty days after a labor organization has been designated as
2 the exclusive bargaining repr esentative for the public employees in a bargaining unit,
3 r epresent atives of the public body , designated by the public body , and repr esentatives of
4 the labor organization, selected by the labor organization, shall meet and begin
5 bargaining in good faith for an agr eement covering the wages, benefits, and other terms
6 and conditions of employment for the public employees within the bargaining unit.
7 2. The labor organization and the public body shall engage in good faith
8 bargaining with each other's designated rep rese ntatives.
9 3. (1) In the event that an agr eement cannot be reach ed within one hundr ed
10 eighty days after a labor organization is designated as the exclusive bargaining
11 r epresent ative for the public employees in a bargaining unit, the dispute shall be
12 r eferr ed to mediation pursuant to this subsection.
13 (2) Within fourteen days after the period in subdivision (1) of this subsection has
14 expir ed, the parties shall mutually agree on a neutral mediator selected fr om a panel of
15 neutrals fro m the United States District Court of either the W estern or Eastern District
16 of Missouri. If the parties cannot agr ee on a neutral mediator within fourteen days, the
17 matter shall be refe rred to the board and the board shall assign a mediator .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (3) If, after the dispute has been ref erred to a mediator , whether the neutral
19 mediator or the state board of mediation, the dispute has not been r esolved within
20 ninety days, the dispute shall be ref erred to arbitration thr ough an arbitrator as selected
21 pursuant to subsection 4 of this section.
22 (4) Upon mutual agreement of the parties, the obligation to submit the matter to
23 mediation pursuant to this subsection may be waived and the matter may be
24 immediately submitted to interes t arbitration in accordance with subsection 4 of this
25 section.
26 4. (1) At any time during the bargaining pr ocess, if either the labor organization
27 or the public body determines an impasse has been reach ed over wages, benefits, hours,
28 or other terms and conditions of employment, the party may submit the matter to
29 inter est arbitration.
30 (2) If the parties agr ee that an impasse has been reach ed, within seven days of
31 such decision, the public body and labor organization shall attempt to agr ee upon an
32 impartial arbitrator to res olve the impasse.
33 (3) If an arbitrator cannot be agr eed upon within such time period, the party
34 that made the initial determination of impasse or , if agreement was not reach ed and
35 mediation was unsuccessful or waived, the labor organization, shall requ est a panel of
36 seven arbitrators fr om the Federal Mediation and Conciliation Service (FMCS) or , if the
37 FMCS cannot produ ce a panel of seven arbitrators, the American Arbitration
38 Association (AAA). The parties shall alternate striking fr om the panel one arbitrator
39 at a time until a single arbitrator is left, with the party that requ ested the panel striking
40 first. The party striking first shall have an affirmative duty to notify the board that the
41 matter has been refer red to interes t arbitration pursuant to this subsection.
42 (4) Once an arbitrator has been selected pursuant to subdivision (2) or (3) of this
43 subsection, the parties shall pr oceed to reso lve whether the matter will be pr esented to
44 the arbitrator as a total package, issue by issue, or a combination of both. If the parties
45 fail to agree upon a method of pr esentation to the arbitrator , a preh earing confer ence
46 shall be held at which each party shall present its position to the arbitrator and the
47 arbitrator shall then determine the method of pr esentation. If the parties cannot
48 mutually agr ee upon a date to pr esent their res pective arguments, the arbitrator shall
49 set a hearing date at which the labor organization and public body shall each be
50 afforded the opportunity to pr esent its res pective case, including a present ation of
51 evidence, data, and testimony , in support of its pr oposal. The arbitrator shall consider
52 the evidence and r ender a decision within forty-five days. If the parties do not agr ee an
53 impasse has been rea ched, in a singular hearing, the arbitrator shall hear both the
54 pr ocedural and substantive arguments of the parties. Before the arbitrator can rend er a
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55 decision on the parties' substantive arguments, the arbitrator shall first determine
56 whether an impasse has been reached . The decision of the arbitrator shall be binding
57 upon the parties, pro vided that any pr ovision that would requi re the enactment of law
58 for its implementation shall not be binding until such time as the law is enacted.
59 (5) All proc eedings before the board and the arbitrator shall be r ecorded with a
60 written transcript being available to each party . The costs of the arbitrator and court
61 r eporter shall be borne by both parties equally . Any attorney's fees accrued by any
62 party shall be the res ponsibility of the party accruing the same.
63 5. For all successor collective bargaining agr eements, if at any time during the
64 bargaining pr ocess either the labor organization or the public body determines an
65 impasse has been reach ed over wages, benefits, hours, or other terms and conditions of
66 employment or a successor agreemen t is not achieved within one hundred eighty days
67 after the expiration of the pr edecessor collective bargaining agr eement, either party
68 may submit the matter to interes t arbitration in accordance with subdivision (1) of
69 subsection 4 of this section. Upon submission to interes t arbitration, the arbitrator shall
70 be selected and the matter shall be handled pursuant to subdivisions (2), (3), and (4) of
71 subsection 4 of this section.
72 6. For purposes of this section, the term "good faith" includes, but is not limited
73 to, appr oaching negotiations with a sincer e intention to rea ch an agr eement, meeting at
74 r easonable times, dealing with the res pective parties in an honest and open manner , and
75 matching unacceptable prop osals with sincer e counter -pr oposals with the sincere intent
76 to reach an agreement. Acting in good faith includes mor e than a perfunctory
77 performance of an obligation to meet and confer with the requ isite parties.
78 7. If, at any time during the bargaining pro cess for an initial contract as set forth
79 in subsections 1 and 3 of this section or for successor contracts as set forth in subsection
80 5 of this section, either the labor organization or public body believes the opposing party
81 has engaged in bad faith bargaining in violation of subsection 2 of this section, it may
82 submit the matter to the board for determination. If the board determines a party has
83 engaged in bad faith bargaining in violation of subsection 2 of this section, it shall ref er
84 the matter to intere st arbitration in accordance with the pr ovisions of subdivisions (3) to
85 (5) of subsection 4 of this section.
86 8. At no time after a labor organization has been designated as the exclusive
87 bargaining r epresent ative for the public employees in a bargaining unit, or after an
88 agr eement covering the wages, benefits, and other terms and conditions of employment
89 for public employees within a bargaining unit has expir ed, shall the public body make
90 any unilateral changes to wages, benefits, or other terms and conditions of employment
91 subject to mandatory bargaining. Any such unilateral changes shall be consider ed a
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92 failur e to bargain in good faith. If the labor organization believes that the public body
93 has made unilateral changes to wages, benefits, or other terms and conditions of
94 employment subject to mandatory bargaining, the labor organization may seek
95 declaratory relie f, injunctive relief, and monetary damages arising fro m the unlawful
96 unilateral change in an appr opriate state or federal court.
97 9. The board may promulg ate rules necessary to implement the pr ovisions of this
98 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
99 cr eated under the authority delegated in this section shall become effective only if it
100 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
101 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
102 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
103 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
104 then the grant of rulemaking authority and any rule pro posed or adopted after August
105 28, 2026, shall be invalid and void.
✔
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