Section 5.19 Strikes and Other Issues

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

C. (§5.19) Strikes and Other Issues

Public employees covered under the Missouri public sector labor law, §§ 105.500–105.530, RSMo 2000, including non-teaching employees of public school districts, are not granted the right to strike. Section 105.530, RSMo 2000. In addition, courts have repeatedly held that public employees in Missouri, whether covered or excluded by the public sector labor law, do not have the right to strike against their public employers and that such strikes are illegal. Thus, strikes by all public school employees are illegal and may be enjoined. St. Louis Teachers Ass’n v. Bd. of Educ. of City of St. Louis, 544 S.W.2d 573, 575 (Mo. banc 1976); Sch. Dist. of Kansas City v. Clymer, 554 S.W.2d 483 (Mo. App. W.D. 1977).

Moreover, in issuing an injunction or temporary restraining order directing teachers back to work, the court may not order the school board to resume negotiations with the teacher organization because this invades the legislative prerogative of the board to establish compensation for teachers. Clymer, 554 S.W.2d at 485; Parkway Sch. Dist. v. Provaznik, 617 S.W.2d 489 (Mo. App. E.D. 1981). An agreement reached by a teachers’ organization and school board as the result of an illegal strike by teachers is void and cannot be enforced. St. Louis Teachers Ass’n v. Bd. of Educ. of City of St. Louis, 544...