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SECOND REGULAR SESSION
SENATE BILL NO. 1529
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WEBBER.
5046S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 105, RSMo, by adding thereto one new section relating to public labor
organizations.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 105, RSMo, is amended by adding thereto 1
one new section, to be known as section 105.515, to read as 2
follows:3
105.515. 1. Within thirty days after a labor 1
organization has been designated as the exclusive bargaining 2
representative for the public employees in a bargaining 3
unit, representatives of the public body, designated by the 4
public body, and representatives of the labor organization, 5
selected by the labor organization, shall meet and begin 6
bargaining in good faith for an agreement covering the 7
wages, benefits, and other terms and conditions of 8
employment for the public employees within the bargaining 9
unit. 10
2. The labor organization and the public body shall 11
engage in good faith bargaining with each other's designated 12
representatives. 13
3. (1) In the event that an agreement cannot be 14
reached within one hundred eighty days after a labor 15
organization is designated as exclusive bargaining 16
representative for the public employees in a bargaining 17
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unit, the dispute shall be referred to mediation pursuant to 18
this subsection. 19
(2) Within fourteen days after the period in 20
subdivision (1) of this subsection has expired, the parties 21
shall mutually agree on a neutral mediator selected from a 22
panel of neutrals from United States District Courts of 23
either the Western or Eastern District of Missouri. If the 24
parties cannot agree on a neutral mediator within fourteen 25
days, the matter shall be referred to the board and the 26
board shall assign a mediator. 27
(3) If, after the dispute has been referred to a 28
mediator, whether the neutral mediator or the state board of 29
mediation, the dispute has not been resolved within ninety 30
days, the dispute shall be referred to arbitration through 31
an arbitrator as selected pursuant to subsection 4 of this 32
section. 33
(4) Upon mutual agreement of the parties, the 34
obligation to submit the matter to mediation pursuant to 35
this subsection may be waived and the matter may be 36
immediately submitted to interest arbitration in accordance 37
with subsection 4 of this section. 38
4. (1) At any time during the bargaining process, if 39
either the labor organization or the public body determines 40
an impasse has been reached over wages, benefits, hours, or 41
other terms and conditions of employment, the party may 42
submit the matter to interest arbitration. 43
(2) If the parties agree that an impasse has been 44
reached, within seven days of such decision the public body 45
and labor organization shall attempt to agree upon an 46
impartial arbitrator to resolve the impasse. 47
(3) If an arbitrator cannot be agreed upon within such 48
time period, then the party that made the initial 49
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determination of impasse shall request a panel of seven 50
arbitrators from the Federal Mediation and Conciliation 51
Services. The parties shall alternate striking from the 52
panel one arbitrator at a time until a single arbitrator is 53
left, with the party that made the initial determination of 54
impasse pursuant to subdivision (1) of this subsection 55
striking first. The party making the initial determination 56
of impasse shall have an affirmative duty to notify the 57
board that the matter has been referred to interest 58
arbitration pursuant to this subsection. 59
(4) Once an arbitrator has been selected pursuant to 60
subdivision (2) or (3) of this subsection, the parties shall 61
proceed to resolve whether the matter will be presented to 62
the arbitrator as a total package, issue by issue, or a 63
combination of both. Should the parties fail to agree upon 64
a method of presentation to the arbitrator, a prehearing 65
conference shall be held at which each party shall present 66
its position to the arbitrator and the arbitrator shall then 67
determine the method of presentation. If the parties cannot 68
mutually agree upon a date to present their respective 69
arguments, the arbitrator shall set a hearing date at which 70
the labor organization and public body shall each be 71
afforded the opportunity to present its respective case, 72
including a presentation of evidence, data, and testimony, 73
in support of its proposal. The arbitrator shall consider 74
the evidence and render a decision within forty-five days. 75
If the parties do not agree an impasse has been reached, in 76
a singular hearing, the arbitrator shall hear both the 77
procedural and substantive arguments of the parties. Before 78
the arbitrator can render a decision on the parties' 79
substantive arguments, the arbitrator shall first determine 80
an impasse has been reached. The decision of the arbitrator 81
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shall be binding upon the parties, provided that any 82
provision that would require the enactment of law for its 83
implementation shall not be binding until such time as the 84
law is enacted. 85
(5) All proceedings before the board and the 86
arbitrator shall be recorded with a written transcript being 87
available to each party. The cost of the arbitrator and 88
court reporter shall be borne by both parties equally. Any 89
attorneys fees accrued by any party shall be the 90
responsibility of the party accruing the same. 91
5. For all successor collective bargaining agreements, 92
or existing collective bargaining agreements, if at any time 93
during the bargaining process either the labor organization 94
or the public body determines an impasse has been reached 95
over wages, benefits, hours, or other terms and conditions 96
of employment, the party may submit the matter to interest 97
arbitration in accordance with subdivision (1) of subsection 98
4 of this section. Upon submission to interest arbitration 99
the arbitrator shall be selected and the matter shall be 100
handled pursuant to subdivisions (2), (3), and (4) of 101
subsection 4 of this section. 102
6. For purposes of this section, the term "good faith" 103
includes, but is not limited to, approaching negotiations 104
with a sincere intention to reach an agreement, meeting at 105
reasonable times, dealing with the respective parties in an 106
honest and open manner, and matching unacceptable proposals 107
with sincere counter-proposals with the sincere intent to 108
reach an agreement. Acting in good faith includes more than 109
a perfunctory performance of an obligation to meet and 110
confer with the requisite parties. 111
7. If, at any time during the bargaining process for 112
an initial contract as set forth in subsections 1 and 3 of 113
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this section or for successor contracts as set forth in 114
subsection 5 of this section, either the labor organization 115
or public body believes the opposing party has engaged in 116
bad faith bargaining in violation of subsection 2 of this 117
section it may submit the matter to the board for 118
determination. If the board determines a party has engaged 119
in bad faith bargaining in violation of subsection 2 of this 120
section it shall refer the matter to interest arbitration in 121
accordance with the provisions of subdivisions (3) to (5) of 122
subsection 4 of this section. 123
8. The board may promulgate rules necessary to 124
implement the provisions of this section. Any rule or 125
portion of a rule, as that term is defined in section 126
536.010, that is created under the authority delegated in 127
this section shall become effective only if it complies with 128
and is subject to all of the provisions of chapter 536 and, 129
if applicable, section 536.028. This section and chapter 130
536 are nonseverable and if any of the powers vested with 131
the general assembly pursuant to chapter 536 to review, to 132
delay the effective date, or to disapprove and annul a rule 133
are subsequently held unconstitutional, then the grant of 134
rulemaking authority and any rule proposed or adopted after 135
August 28, 2026, shall be invalid and void. 136
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