Section 5.16 Employee Organizational Rights

• Library: School Law (2003 Ed. + 2016 Supp)

VI. (§5.16) Employee Organizational Rights

The mechanics of establishing terms and conditions of employment for public school employees in Missouri is one of the most misunderstood areas in education law. For example, the common perception that school districts are statutorily required to “meet and confer” with certified staff is inaccurate. Rather, the “meet and confer” requirement applies only to non-certificated public school employees. Certified employees do not have an equivalent statutory right, a distinction that is explored in more detail below.

The popular misconceptions in this practice area are compounded by a lack of reported caselaw. There are relatively few cases, in either state or federal court, that address the organizational rights of Missouri public school employees. Moreover, many of the reported opinions are somewhat dated, as courts have provided little guidance in this area in recent years. Finally...