Franklin County, through its Commissioners, has engaged in a systematic campaign to deny its Highway Department employees their constitutional right to bargain with their chosen representative – IUOE Local 148.
First, the County wrongly asserted that Local 148 was not the certified bargaining agent of the Highway Department employees. The Missouri State Board of Mediation confirmed Local 148’s status as the certified bargaining agent in an order dated September 11, 2019.
Further, Local 148 and the County are parties to an agreement effective through December 31, 2019 that explicitly recognizes Local 148 as the exclusive representative of the Highway Department employees.
Despite these facts, the County has refused to recognize and bargain with Local 148, suggesting that the Union must either:
- Meet the certification requirements of HB 1413, which it obviously cannot do because the law currently cannot be enforced due to the preliminary injunction;[1] or
- Obtain recognition through an election process established by the County in a Commission Order it just recently passed (August 13, 2019 – just as negotiations for a successor agreement were supposed to be getting underway).
The Union should not be forced to go through the Commission’s election process. It is already the certified bargaining representative.
The County has apparently taken the position that because HB 1413 has not yet been permanently enjoined, 1413 is the “law” and the County intends to comply with it. However, the County’s maintenance of its own election process conflicts with 1413, which provides that a State Board of Mediation election is the only path to certification.
Additionally, the County Commission’s August 2019 order makes it impossible for any union to negotiate with the County over a host of issues. The 1413 injunction order characterized such an approach as “a farce” that violates the constitutional right to collectively bargain.
CONTACT THEM TODAY!
Franklin County Commissioners:
- Tim Brinker, Presiding Commissioner, 636-583-6360; tbrinker@franklinmo.net
- Todd Boland, 1st District Commissioner, 636-583-6359; tboland@franklinmo.net
- Dave Hinson, 2nd District Commissioner, 636-583-6358, dhinson@franklinmo.net
Please let the Commissioners know how you feel about this issue.
Possible wording for message to Commissioners from residents and other stakeholders:
Dear Commissioners:
Please stop wasting taxpayer dollars to fund an ill-advised scheme to deny the Highway Department employees their constitutional right to bargain collectively. I urge you to return to the table to negotiate in good faith with IUOE Local 148 to reach a fair agreement. If you intend to seek reelection, you will not have my support if you fail to do so.
[1] A preliminary injunction preventing the enforcement of HB 1413 was granted in March because the Court determined that the plaintiff unions proved that they were likely to succeed in arguing that the bill unlawfully interferes with the constitutional right to bargain.
