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 will take effect. Some of the bill’s changes are summarized below.
You can also find helpful FAQ here.
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.
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.
All labor organizations in the state (excluding those public safety and corrections unions carved out of the law) must be certified and periodically recertified by the public sector employees they represent. For example, each public sector labor organization must be recertified by August 28, 2019, or by August 28, 2020 if they are in the middle of a collective bargaining agreement, the terms of which stretch beyond two years.
- Every three years (after initial certification) 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.
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
|Attached to SBM-LM-2||Electronic format, paper
inspection or copies
|90 days after the end of the labor
organization's fiscal year.
|SBM-LM-30||Paper inspection or copies||90 days after the end of the
individual officer or employee's
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 Division of Labor Standards may be subject to criminal prosecution pursuant to Sections 105.555, RSMo.