Section 5.18 Teachers

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

B. (§5.18) Teachers

As noted in §5.17 above, “all teachers of all Missouri schools” are explicitly excepted from coverage under the Missouri public sector labor law, §§ 105.500–105.530, RSMo 2000. Section 105.510, RSMo 2000. Because of this exception clause, public teachers do not have statutory rights to join labor organizations and present proposals to boards of education, as do non-teaching employees, discussed in §5.17 above. Rather, the only organizational right for public school teachers in current statutes is the right to form “benevolent, social, or fraternal associations.” Id.

But the rights of public school teachers to organize and deal collectively with school boards through chosen representatives has developed independently of statute. In the landmark 1947 case City of Springfield v. Clouse, 206 S.W.2d 539, 542 (Mo. banc 1947), the Supreme Court of Missouri held that public employees have the constitutional right to peacefully assemble and organize for any proper purpose, to speak freely, and to present their views and desires to any public officer or legislative body. The Court further ruled that these rights can be exercised individually, collectively, or through chosen representatives. Id. at 543.

The Court stated, however, that the rights of assembly, petition, and free speech should not be confused with collective bargaining. The Court explained that the wages, hours, and working conditions of public employees are wholly matters of law-making and cannot lawfully be the subject of collective bargaining as that term is understood in the private sector and interpreted under the National Labor Relations Act, 49 Stat. 449, 29 U.S.C. §§ 151, et seq. The rationale, as expressed by the Court, is that the qualifications, tenure, compensation, and working conditions for public service involve the exercise of legislative powers and cannot be bargained or contracted away. Clouse, 206 S.W.2d at 545. Any attempt to delegate such legislative powers to...