Google Translate

2018 Certification Changes - HB 1413

2018 Certification Changes - HB 1413

During the 2018 legislative session, the Missouri General Assembly passed revisions to the state labor law in the form of HB 1413.  On August 28th the new law took effect.  Some of the bill’s changes are summarized below.

You can also find helpful FAQ here

Informed Consent

Public employers must receive the written or electronic consent of each of their employees before deducting union dues or fees from their paycheck.

Annual informed consent of each public employee (union member or non-member) is required before a labor organization may use any such fees for political/campaign purposes.

Carve out for public safety

The bill contains a carve-out for public sector unions representing police, fire, public safety and corrections workers.  Such unions are allowed to deduct fees and support various political efforts without the annual informed consent of those they represent.  They are also exempt from various reporting requirements imposed on other public sector unions.

Janus Decision: 
In June, the U.S. Supreme Court handed down its opinion in Janus v. Am. Fed’n of State, Cty, and Mun. Employees.  In the case, the Court ruled that mandatory deductions of fees from a public worker’s paycheck is a violation of the First Amendment.  This U.S. Supreme Court holding overrides the new Missouri law and there is no carve-out for public safety and corrections unions as it relates to being able to require the payment of dues or “agency shop fees” by non-members.

Records to be filed

Another component of the bill relates to requirements on public sector unions (excluding those public safety and corrections unions carved out of the law) to file reports with the Missouri Department of Labor.  Required filings include the Labor Organization Report, the Labor Organization Financial Report and the Labor Organization Officer/Employee Financial Report.  Private employee unions are currently required to file much of the information contained in these reports with the federal government.

All documents and reports are public records and must be reasonably available for review and copying by the public.  

Certification

All labor organizations in the state (excluding those public safety and corrections unions carved out of the law) must be recertified by the State Board of Mediation after an affirmative vote by the public sector employees they represent during the twelve-month period beginning on August 28, 2018.  

Individual recertification election dates will vary for each public sector labor organization based on their initial certification date. Any labor organization that has a labor agreement that expires after August 28, 2020, may be recertified at any time prior to, but in no event later than, August 28, 2020. 

  • Every three years (after initial recertification) a union must stand for a recertification election by over 50% of the public sector employees it represents.
  • The new law prevents voluntary recognition by any public body of a labor organization as an exclusive bargaining representative.

Decertification

Upon application by 30% of all public employees represented (member and non-members), the State Board of Mediation will conduct a decertification election.  A union will be decertified as the exclusive bargaining agent if over 50% of employees vote to decertify. 

Private cause of action

The bill contains a private right of action if a labor organization prevents the examination of the financial records and reports it is required to file.

Complaints/violations of the law

A complaint may be filed with a local prosecutor for statutory violations.   Penalties for violating the new law include a fine of $100 per day for each day a report is late and up to a year in jail and/or a $10,000 fine for deliberately falsifying a report.

Reports to Be Filed With the Missouri Department of Labor & Industrial Relations: 

Document/Report Form to Submit Available to Public Time for Filing
Constitution Attached to SBM-LM-1 Paper inspection or copies 11/26/2018
Bylaws Attached to SBM-LM-1 Paper inspection or copies 11/26/2018
Labor Organization Report SBM-LM-1

Electronic format, paper
inspection or copies

11/26/2018
Labor Organization
Annual Financial Report
SBM-LM-2 Electronic format, paper
inspection or copies
90 days after the end of the labor
organization's fiscal year. 
Labor Organization
Officer/Employee
Financial Report
SBM-LM-30 Paper inspection or copies 90 days after the end of the
individual officer or employee's
fiscal year. 

All information submitted to the State Board of Mediation must be entered into a fillable PDF online (or typed and submitted).  Handwritten submissions will not be accepted. 

Anyone submitting false information to the Missouri State Board of Mediation may be subject to criminal prosecution pursuant to Sections 105.555, RSMo.