W. Joseph Hatley, Tuesday, June 21, 2011 | Filed under: Labor Relations
Since a 2007 decision by the Missouri Supreme Court, Missouri school districts have been required to engage in collective bargaining with teachers' unions. That decision, however, left unsettled how far school districts were required to go in reaching an agreement. Language in the opinion, to the effect that school districts were free to reject any proposals made by teachers, suggested that school districts could adopt a "take it or leave it" approach.
Last month, though, the Missouri Court of Appeals issued a
decision concluding that public school districts (actually a charter school in this case) must do more than merely show up for negotiations, and that they must instead bargain in "good faith." As anyone who has followed the NFL lockout can see, disputes over whether an employer has bargained in "good faith" can lead to litigation.
Perhaps recognizing that its decision plows new ground in the field of Missouri school district/teacher negotiations, the Court of Appeals transferred the case to the Missouri Supreme Court for a final decision. We expect the case will be reargued in the Supreme Court, and that a decision will not be rendered until later in the year. But this is certainly a case to watch over the next few months.