Section 105.510

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 105

Effective - 28 Aug 1969   

  105.510.  Certain public employees may join labor organizations and bargain collectively — exceptions — discharge or discrimination for exercise of right prohibited — allowable organizations for excepted employees. — Employees, except police, deputy sheriffs, Missouri state highway patrolmen, Missouri National Guard, all teachers of all Missouri schools, colleges and universities, of any public body shall have the right to form and join labor organizations and to present proposals to any public body relative to salaries and other conditions of employment through the representative of their own choosing.  No such employee shall be discharged or discriminated against because of his exercise of such right, nor shall any person or group of persons, directly or indirectly, by intimidation or coercion, compel or attempt to compel any such employee to join or refrain from joining a labor organization, except that the above excepted employees have the right to form benevolent, social, or fraternal associations.  Membership in such associations may not be restricted on the basis of race, creed, color, religion or ancestry.

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(L. 1965 p. 232 § 2, A.L. 1967 p. 192, A.L. 1969 S.B. 36)

(1969) The exclusion of certain public employees from the benefits of sections 105.500 to 105.530, RSMo, is not an arbitrary and unconstitutional classification. State ex rel. Missey v. City of Cabool (Mo.), 441 S.W.2d 35.

(1974) Teachers' association held not a labor union for the purpose of this section. Agreement involved in this case held not prohibited by this section. Peters v. Board of Education of Reorg. Sch. Dist. No. 5 (Mo.), 506 S.W.2d 429.

(1977) Teachers' strike while not covered by statute is illegal as violative of common law. School Dist. of Kansas City v. Clymer (A.), 554 S.W.2d 483.

(1983) Omission of firefighters from "meet and confer" provisions of this section and the inclusion of police officers has a rational basis and therefore does not violate the equal protection clause of the 14th Amendment of the U.S. Constitution.  Melvin Beverlin, et al. v. Board of Police Commissioners of Kansas City, Missouri, 722 F.2d 395.

(1985) County corrections officers are not "police officers" or "deputy sheriffs" for purposes of this statute. Jackson County v. Mo. State Board of Mediation (Mo. banc), 690 S.W.2d 400.

(1993) Requiring nonunion school custodial and food service workers to pay fair share fees to union which is properly designated as exclusive bargaining representative does not violate provision of statute that prohibits conduct that directly or indirectly compels public employees to join or refrain from joining labor organization. Schaffer v. Board of Education of the City of St. Louis, 869 S.W.2d 163 (Mo. App. E.D.)