Section 105.503

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 105

Effective - 28 Aug 2018 (all or part is unconstitutional)  

  *105.503.  Applicability — exceptions — federal law supersedes, when. — 1.  Except as provided in subsection 2 of this section, the provisions of sections 105.500 to 105.598 shall apply to all employees of a public body, all labor organizations, and all labor agreements between such a labor organization and a public body, whether collective bargaining rights are granted to such entities in section 105.510 or by judicial decision.

  2.  The provisions of sections 105.500 to 105.598 shall not apply to:

  (1)  Public safety labor organizations and all employees of a public body who are members of a public safety labor organization;

  (2)  The department of corrections and all employees of the department of corrections;

  (3)  Members of a labor organization who are not employed by a public body; and

  (4)  Any labor agreement between a labor organization and an employer that is not a public body.

  3.  Nothing in sections 105.500 to 105.598 shall be construed to interfere with the rights and obligations that are specified in Title 29 of the United States Code, provided that in the case of a conflict with Title 29 of the United States Code, the provisions of Title 29 of the United States Code shall prevail.

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(L. 2018 H.B. 1413)

*Revisor's Note:  On June 1, 2021, this section was declared unconstitutional in Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).

(2021)  House Bill 1413 enacting section in 2018 held invalid as violation of equal protection clause of Article I, Section 2 of state constitution; section as enacted could not be severed from rest of bill.  Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).