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SECOND REGULAR SESSION
SENATE BILL NO. 1667
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
7193S.01I 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 or the American Arbitration Association in the 52
event that Federal Mediation and Conciliation Services 53
cannot produce a panel of seven arbitrators. The parties 54
shall alternate striking from the panel one arbitrator at a 55
time until a single arbitrator is left, with the party that 56
made the initial determination of impasse pursuant to 57
subdivision (1) of this subsection striking first. The 58
party striking first shall have an affirmative duty to 59
notify the board that the matter has been referred to 60
interest arbitration pursuant to this subsection. 61
(4) Once an arbitrator has been selected pursuant to 62
subdivision (2) or (3) of this subsection, the parties shall 63
proceed to resolve whether the matter will be presented to 64
the arbitrator as a total package, issue by issue, or a 65
combination of both. Should the parties fail to agree upon 66
a method of presentation to the arbitrator, a prehearing 67
conference shall be held at which each party shall present 68
its position to the arbitrator and the arbitrator shall then 69
determine the method of presentation. If the parties cannot 70
mutually agree upon a date to present their respective 71
arguments, the arbitrator shall set a hearing date at which 72
the labor organization and public body shall each be 73
afforded the opportunity to present its respective case, 74
including a presentation of evidence, data, and testimony, 75
in support of its proposal. The arbitrator shall consider 76
the evidence and render a decision within forty-five days. 77
If the parties do not agree an impasse has been reached, in 78
a singular hearing, the arbitrator shall hear both the 79
procedural and substantive arguments of the parties. Before 80
the arbitrator can render a decision on the parties' 81
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substantive arguments, the arbitrator shall first determine 82
whether an impasse has been reached. The decision of the 83
arbitrator shall be binding upon the parties, provided that 84
any provision that would require the enactment of law for 85
its implementation shall not be binding until such time as 86
the law is enacted. 87
(5) All proceedings before the board and the 88
arbitrator shall be recorded with a written transcript being 89
available to each party. The cost of the arbitrator and 90
court reporter shall be borne by both parties equally. Any 91
attorneys fees accrued by any party shall be the 92
responsibility of the party accruing the same. 93
5. For all successor collective bargaining agreements, 94
or in the event a successor agreement is not achieved within 95
one hundred eighty days after the expiration of the 96
predecessor collective bargaining agreement, if at any time 97
during the bargaining process either the labor organization 98
or the public body determines an impasse has been reached 99
over wages, benefits, hours, or other terms and conditions 100
of employment, the party may submit the matter to interest 101
arbitration in accordance with subdivision (1) of subsection 102
4 of this section. Upon submission to interest arbitration 103
the arbitrator shall be selected and the matter shall be 104
handled pursuant to subdivisions (2), (3), and (4) of 105
subsection 4 of this section. 106
6. For purposes of this section, the term "good faith" 107
includes, but is not limited to, approaching negotiations 108
with a sincere intention to reach an agreement, meeting at 109
reasonable times, dealing with the respective parties in an 110
honest and open manner, and matching unacceptable proposals 111
with sincere counter-proposals with the sincere intent to 112
reach an agreement. Acting in good faith includes more than 113
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a perfunctory performance of an obligation to meet and 114
confer with the requisite parties. 115
7. If, at any time during the bargaining process for 116
an initial contract as set forth in subsections 1 and 3 of 117
this section or for successor contracts as set forth in 118
subsection 5 of this section, either the labor organization 119
or public body believes the opposing party has engaged in 120
bad faith bargaining in violation of subsection 2 of this 121
section it may submit the matter to the board for 122
determination. If the board determines a party has engaged 123
in bad faith bargaining in violation of subsection 2 of this 124
section it shall refer the matter to interest arbitration in 125
accordance with the provisions of subdivisions (3) to (5) of 126
subsection 4 of this section. 127
8. At no time after a labor organization has been 128
designated as the exclusive bargaining representative for 129
the public employees in a bargaining unit or after an 130
agreement covering the wages, benefits, and other terms and 131
conditions of employment for public employees within a 132
bargaining unit has expired shall the public body make any 133
unilateral changes to wages, benefits, or other terms and 134
conditions of employment subject to mandatory bargaining. 135
Any such unilateral changes shall be considered a failure to 136
bargain in good faith. In the event that the labor 137
organization believes that the public body has made 138
unilateral changes to wages, benefits, or other terms and 139
conditions of employment subject to mandatory bargaining, 140
the labor organization may seek declaratory relief, 141
injunctive relief, and monetary damages arising from the 142
unlawful unilateral change in an appropriate state or 143
federal court. 144
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9. The board may promulgate rules necessary to 145
implement the provisions of this section. Any rule or 146
portion of a rule, as that term is defined in section 147
536.010, that is created under the authority delegated in 148
this section shall become effective only if it complies with 149
and is subject to all of the provisions of chapter 536 and, 150
if applicable, section 536.028. This section and chapter 151
536 are nonseverable and if any of the powers vested with 152
the general assembly pursuant to chapter 536 to review, to 153
delay the effective date, or to disapprove and annul a rule 154
are subsequently held unconstitutional, then the grant of 155
rulemaking authority and any rule proposed or adopted after 156
August 28, 2026, shall be invalid and void. 157
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