Section 5.17 Non-Teaching Employees

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

A. (§5.17) Non-Teaching Employees

The Missouri public sector labor law, §§ 105.500–105.530, RSMo 2000, provides limited organizational and negotiating rights to certain public employees, including some employees of Missouri school districts. Section 105.510, RSMo 2000. The public sector labor law authorizes employees of school districts (except for “all teachers in Missouri schools”) to form and join labor organizations and to present proposals through representatives to school boards concerning salaries and other conditions of employment. School boards or their designated representatives are required to meet and discuss these proposals with the labor or employee organization, which is the exclusive bargaining representative of the employees.

On the other hand, such employees have no right to strike or to enforce any agreements they may reach with the public employer. Section 105.530, RSMo 2000. Thus, “[t]hese do not amount to true collective bargaining rights, for the ultimate weapon of the strike is denied to public employees.” Parkway Sch. Dist. v. Parkway Ass’n of Educ., Support Personnel, 807 S.W.2d 63, 67 (Mo. banc 1991). With this exception, however, “the process of choosing representatives and conducting negotiations resembles the procedures available under the federal labor relations statutes.” Id.

Under the public sector labor law, bargaining units may consist of such non-teaching public school employees as custodians, secretaries, and bus drivers and can probably consist of other non-teaching employees such as teacher aides, para-professionals, and school nurses as well. Importantly, however, “all teachers of all Missouri schools” are expressly excluded from coverage. Section 105.510. Other school employees excluded from bargaining units within the scope of the public sector labor law are “supervisors,” “management” employees, and “confidential” employees. Accordingly, certain non-teaching employees who are considered supervisors or management, or who are confidential employees, may be excluded from bargaining units under the public sector labor law. Mo. Nat’l Educ. Ass’n v. Mo. State Bd. of Mediation, 695 S.W.2d 894, 900 (Mo. banc 1985); Parkway Sch. Dist., 807 S.W.2d at 67; see also City of Cabool v. Mo. State Bd. of Mediation, 689 S.W.2d 51 (Mo. banc 1985); Golden Valley Mem’l Hosp. Dist. v. Mo. State Bd. of Mediation, 559 S.W.2d 581, 583 (Mo. App. W.D. 1977).

The State Board of Mediation is statutorily charged with the responsibility of...