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State Board of Mediation
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Public Sector Labor Law

 

Q.

 

What statutes and regulations exist regarding the State Board of Mediation?

A. The Missouri State Board of Mediation is statutorily charged with the responsibility of determining an appropriate bargaining unit of public employees and to determine majority representative status by conducting an election. The revised statutes of Missouri governing the Board are located at Chapter 105.500 - 105.530 and Chapter 295.010 - 295.210, RSMo (2000). The Code of State Regulations for the State Board of Mediation are located at Division 40, 8 CSR 40-1.010 to 8 CSR 40-2.180.

 

Q.

 

How are the members of the board selected?

A. The Board members are appointed by the Governor and confirmed by the State Senate. The Board consists of five members: a full time chairman; two board members are employers of labor or selected from an association representing employers of labor; and two board members are employees holding membership in a bona fide trade or labor union. The chairman serves as the neutral party and is neither an employee nor an employer of labor.

 

Q.

 

What is the board's jurisdiction?

A.

Certain public employees have the right to join a union; however, they have no right to strike or enforce any agreements they may reach with the public employer.

Jurisdiction includes all public employees employed by:

  • Counties
  • Municipalities
  • School Districts
  • Special Districts
  • State Government

Excluded public employees include: police, deputy sheriffs, Missouri State Highway Patrol, Missouri National Guard and all teachers in Missouri schools, colleges and universities.

 

Q.

 

What is the certification process?

A.
  • Petition is filed with Board by any public employee, group of public employees, or employee organization claiming to represent a majority.
  • Petitioner must have a 30% showing of interest to continue the process.
  • A preliminary conference is held to determine an appropriate bargaining unit of employees and to set up an election.
  • If the parties are not in agreement, the chairman conducts a formal hearing at a later date. The chairman and two board members make a determination from the evidence presented at the hearing and a decision is issued and then sets the election, if necessary.
  • If the parties are in agreement, the chairman conducts an election for the eligible employees to decide on union representation. The union must receive a majority of the votes cast.
  • The parties are given ten days to file objections to the election.
  • If no objections are filed, the Board issues a certification of the results of the election.
  • Appeals may be filed with the circuit court.
  • Petition Form Requires free [Get Acrobat Reader]

 

Q.

 

What is the meet and confer process?

A. Missouri's public sector labor law requires the public employer to meet and confer with the exclusive bargaining representative to discuss proposals relative to salaries and other conditions of employment The results of the meet and confer process are reduced to writing in the form of a Memorandum of Understanding and submitted to the public employer's governing body for approval, modification or rejection.