Section 19 Constitutional Challenges to the Public Sector Labor Law

• Library: Employer-Employee Law 2008

In State ex rel. Missey v. City of Cabool, 441 S.W.2d 35 (Mo. 1969), the Court rejected the employer’s contention that the public sector labor law, §§ 105.500 et seq., now RSMo 2000, authorized an unconstitutional delegation of legislative power to executive branch officials. The public sector labor law merely created a procedure by which public employees could exercise their rights under the federal and state constitutions to associate, assemble, and petition for redress of grievances. City of Cabool, 441 S.W.2d at 41. “[T]he prior discretion in the legislative body to adopt, modify or reject...