Mo. Rev. Stat. ch. 295

Mo. Rev. Stat. ch. 295
in effect

Mo. Rev. Stat. § 295.010 Labor relations affecting public utilities - state policy.

295.010. Labor relations affecting public utilities — state policy. — It is hereby declared to be the policy of the state that heat, light, power, sanitation, transportation, communication, and water are life essentials of the people; that the possibility of labor strife in utilities operating under governmental franchise or permit or under governmental ownership and control is a threat to the welfare and health of the people; that utilities so operating are clothed with public interest, and the state's regulation of the labor relations affecting such public utilities is necessary in the public interest. (L. 1947 V. I p. 358 § 1) (1951) Sections 295.090, 295.180 and 295.200 are severable from the remainder of this law (§§ 295.010 to 295.210) so that the constitutionality of such sections need not be determined in mandamus proceeding to compel payment of compensation of members of the state board of mediation. Remainder of law provides a complete, sensible and valid enactment consistent with the state and federal constitutions and federal labor legislation, and therefore capable of being carried into execution as intended by the legislature. State ex rel. State Board of Mediation v. Pigg, 362 Mo. 798, 244 S.W.2d 75. (1958) Where, under city charter, whole matter of qualifications, tenure, compensation and working conditions in city's public utilities involves exercise of city's legislative powers so that these matters are not subject to contract, the King-Thompson Act has no application. Glidewell v. Hughey (Mo.), 314 S.W.2d 749. (1958) Sections 295.010 to 295.080, 295.120 to 295.180 and subdivisions (1) and (6) of § 295.200 held valid against attacks based on contentions they violated various provisions of the state and federal constitutions. State v. Local No. 8-6, Oil, Chemical & Atomic Workers (Mo.), 317 S.W.2d 309.

Mo. Rev. Stat. § 295.020 Definitions.

295.020. Definitions. — 1. The term "board" shall mean the state board of mediation. 2. The term "collective bargaining" shall be understood to embody the philosophy of bargaining by employees through representatives of their own choosing, and shall include the right of representatives of employees' units to be consulted and to bargain upon the exceptional as well as the routine wages, hours, rules, and working conditions. 3. The term "employee" shall refer to anyone in the service of another, actually engaged in or connected with the operation of any public utility throughout the state. 4. The term "labor dispute" shall involve any controversy between employer and employees as to hours, wages, and working conditions. The fact that employees have amicable relations with their employers shall not preclude the existence of a dispute among them concerning their representative for collective bargaining purposes. 5. The term "person" means any individual, firm, copartnership, corporation, municipal corporation, company, association, or joint-stock association; and includes any trustee, receiver, assignee, or personal representative thereof. 6. The term "public utility" shall include any person engaged in the business of producing, distributing, selling or otherwise furnishing electric light or power, heat, gas, steam, water, sewer service, transportation excepting railroads, communication, or any one or more of them to the people of Missouri. 7. The term "representative" means any person or persons, labor union, organization, or corporation designated either by a utility or group of utilities or by its or their employees to act or do for them. (L. 1947 V. I p. 358 § 2)

Mo. Rev. Stat. § 295.030 Governor to appoint state board of mediation - members - qualifications - ...

295.030. Governor to appoint state board of mediation — members — qualifications — terms — vacancy. — 1. Within thirty days after the effective date of this chapter the governor, by and with the advice and consent of the senate, shall appoint five competent persons to serve as a state board of mediation; two of whom shall be employers of labor, or selected from some association representing employers of labor, and two of whom shall be employees holding membership in some bona fide trade or labor union; the fifth shall be some person who is neither an employee nor an employer of labor and who shall be chairman of said state board of mediation. 2. Two members of said board shall be appointed for one year, two for two years, and one for three years, and all appointments thereafter shall be for three years or until their respective successors are appointed in the manner herein provided. 3. If a vacancy occurs in said board by death or otherwise, at any time, the governor shall appoint some competent person having the same qualifications as his predecessor to fill the unexpired term. (L. 1947 V. I p. 358 § 3)

Mo. Rev. Stat. § 295.040 Oath of members - main office - meetings.

295.040. Oath of members — main office — meetings. — Each member of said board shall, before entering upon the duties of his office, take and subscribe an oath to support the Constitution of the United States and this state and to demean himself faithfully in his office. The main office of the state board of mediation shall be in Jefferson City, but the board may hold meetings at any time or any place in the state whenever the same shall become necessary, and three members of the board shall constitute a quorum for the transaction of business. (L. 1947 V. I p. 358 § 4)

Mo. Rev. Stat. § 295.050 Duties of chairman.

295.050. Duties of chairman. — The chairman of the board shall devote his full time to his duties and shall have charge of the office of the board. He shall keep all records of the proceedings of the board, and shall supervise the work of the employees of the board, and shall have such other powers and duties as may be conferred, or imposed upon him by the board. (L. 1947 V. I p. 358 § 5)

Mo. Rev. Stat. § 295.060 Compensation and expenses of board members.

295.060. Compensation and expenses of board members. — The chairman of the board shall receive a salary in an amount to be determined by the director of the department of labor and industrial relations and within the limits of the appropriations for the purpose. Each of the other members of the state board of mediation shall receive as compensation for their services an amount to be determined by the director of the department of labor and industrial relations, but not to exceed fifty dollars per day; and in addition thereto shall receive all necessary travel and other expenses incurred while actually engaged in the performance of their duties as such members. (L. 1947 V. I p. 358 § 6, A.L. 1961 p. 439, A.L. 1980 H.B. 1266, A.L. 1995 H.B. 300 & 95)

Mo. Rev. Stat. § 295.070 Powers and duties of board.

295.070. Powers and duties of board. — 1. The state board of mediation shall have power to employ and fix the compensation of conciliators and other assistants and to delegate to such assistants such powers as may be necessary to carry out its duties under this chapter. The board shall by regulation prescribe the methods of procedure before it. 2. The board shall have power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence which relates to any matter under investigation by the board. In cases of refusal to obey a subpoena issued by the board the circuit court of Cole County or of any county where the person refusing to obey such subpoena may be found, on application by the board, shall have power to issue an order requiring such person to appear before the board and to testify and produce evidence ordered touching the matter under investigation, and any failure to obey such order shall be punished by the court as a contempt thereof. (L. 1947 V. I p. 358 § 7)

Mo. Rev. Stat. § 295.080 Labor disputes - action by board.

295.080. Labor disputes — action by board. — 1. Upon receipt of notice of any labor dispute between parties subject to this chapter, the board shall require such parties to keep it advised as to the progress of negotiations therein. 2. Upon application of either party to a labor dispute or upon its own motion the board may fix a time and place for a conference between the parties to the dispute and the board or its representative, upon the issues involved in the labor dispute and shall take whatever steps it deems expedient to bring about a settlement of the dispute including assisting in negotiating and drafting a settlement agreement. 3. It shall be the duty of all parties to a labor dispute to respond to the summons of the board for joint or several conferences with it or with its representatives and to continue in such conference until excused by the board or its representative. (L. 1947 V. I p. 358 § 8)

Mo. Rev. Stat. § 295.090 Labor agreements - renewal.

295.090. Labor agreements — renewal. — All collective bargaining labor agreements hereafter entered into between the management of a utility and its employees or any craft or class of employees shall be reduced to writing and continue for a period of not less than one year from the date of the expiration of the previous agreement entered into between the management of the utility and its employees or if there has been no such previous agreement then for a period of not less than one year from the date of the actual execution of the agreement. Such agreement shall be presumed to continue in force and effect from year to year after the date fixed for its original termination unless either or both parties thereto inform the other, in writing, of the specific changes desired to be made therein and shall also file a copy of such demands with the state board of mediation, at least sixty days before the original termination date or sixty days before the end of any yearly renewal period, or sixty days before any termination date desired thereafter. (L. 1947 V. I p. 358 § 10)

Mo. Rev. Stat. § 295.100 Changes in labor agreement - notice.

295.100. Changes in labor agreement — notice. — 1. In the case of all existing labor contracts, agreements or understandings which do not provide for at least a sixty-day notice of desired changes and which contracts, agreements or understandings terminate after seventy days following the effective date of this chapter, the parties thereto shall nevertheless inform, in writing, the other party or parties of any specific changes desired to be made in said contract, agreement or understanding and file a copy of such desired changes with the state board of mediation at least sixty days before the date fixed for the termination of said contract, agreement or understanding. 2. In the case of labor contracts, agreements or understandings terminating within seventy days after this chapter shall become effective, the parties thereto shall forthwith, or not later than ten days after the effective date of this chapter, inform the other party, in writing, of the specific changes desired to be made in said contract, agreement or understanding and promptly file a copy of such demands with the state board of mediation. (L. 1947 V. I p. 358 § 11)

Mo. Rev. Stat. § 295.110 Changes in employment terms in absence of labor contract.

295.110. Changes in employment terms in absence of labor contract. — Whenever, after the effective date of this chapter, a situation exists in any utility whereby employees are rendering services under terms and conditions which were not at the time this chapter becomes effective and which have not heretofore been the subject of the contract, and said employees desire to effectuate a change in the terms of employment or a utility desires to effectuate a change in said terms of employment then and in that event, it shall be the duty of the party desiring such change, not less than sixty days prior to the desired effective date thereof, to inform the other party in writing of the specific changes so desired in the manner in which they are desired, either by written contract or otherwise and to file a copy of such terms with the state board of mediation. (L. 1947 V. I p. 358 § 13)

Mo. Rev. Stat. § 295.120 Public hearing panel - members - powers - hearings.

295.120. Public hearing panel — members — powers — hearings. — 1. In the event that management of a utility and the representatives for collective bargaining purposes of any craft or group of employees of such utility shall not have reached and executed a final agreement in writing as to all conditions of employment affecting such employees on or before the termination date of any existing contract, agreement or understanding or any renewal thereof, or unless the parties shall have, before said date, agreed to submit any and all disputes between them to arbitration, the management of such utility and the representatives of such employees shall, within five days after such termination date, each designate, in writing, a person as a public hearing panel member and file such designation with the state board of mediation; the two persons so designated shall choose a third disinterested and impartial person and these three shall compose and act as a panel. 2. The panel shall promptly proceed and within fifteen days following their designation hold and complete public hearings on the specific changes so requested, to the contract, agreement or understanding. Said period of fifteen days may be extended by the mutual written consent of the parties. The panel shall give to each party full notice and opportunity to be heard, but the failure of either party to appear before the panel at the time and place fixed by it shall not deprive the panel of jurisdiction to proceed to a hearing and to make report thereon as herein provided. (L. 1947 V. I p. 358 § 14)

Mo. Rev. Stat. § 295.130 Appearance in person or by counsel - notice of hearing.

295.130. Appearance in person or by counsel — notice of hearing. — Parties may be heard either in person or by counsel as they may elect, and the panel shall give due notice of all hearings to the employee or employees or their representatives and the public utility or utilities involved in the labor dispute. (L. 1947 V. I p. 358 § 15)

Mo. Rev. Stat. § 295.140 Selection of party representatives.

295.140. Selection of party representatives. — Representatives for the purposes of this chapter shall be designated by the respective parties without interference, influence or coercion by either party over the designation of representatives by the other. Representatives of employees for the purpose of this chapter need not be persons in the employ of the utility. (L. 1947 V. I p. 358 § 16)

Mo. Rev. Stat. § 295.150 Report of hearing to governor.

295.150. Report of hearing to governor. — Within five days after closing such hearings the panel shall file with the governor, in writing, a report setting forth a statement of the controversy, a resume of the evidence submitted to it and its recommendations based thereon. (L. 1947 V. I p. 358 § 17)

Mo. Rev. Stat. § 295.160 Appointment of representatives by board when not designated by parties.

295.160. Appointment of representatives by board when not designated by parties. — 1. In the event either management of the utility involved or the representatives of the employees for collective bargaining purposes shall fail or neglect to designate, as herein provided, such a person to represent it upon the panel or the two so designated shall fail to agree upon the third member of the panel, within ten days after the date fixed for the termination of such contract, agreement or understanding or upon failure to file such designations or any of them with the state board of mediation within said ten-day period, the state board of mediation shall appoint such person or persons, selecting in each case a person qualified by previous experience or employment to represent employers, employees or the public as the case may require. 2. Should both management and the representatives of the employees fail or neglect to designate representatives upon said panel within the time herein required, then the state board of mediation shall appoint a panel of three persons, to be selected as follows: One to represent management of the utility, giving the management forty-eight hours to select its preference from a list of five persons submitted by the board to the management before designating such person; one to represent the employees involved, giving their representative forty-eight hours to select their preference from a list of five persons submitted by the board to such representative, before designating such person; and one to act as the impartial third person. Failure on the part of either party to make such selection shall not prevent the board from appointing the members of the panel from the lists submitted. (L. 1947 V. I p. 358 § 18)

Mo. Rev. Stat. § 295.170 Proceedings not to supersede voluntary arbitration.

295.170. Proceedings not to supersede voluntary arbitration. — Compulsory arbitration, as provided in this chapter, shall not be effective in disputes where voluntary arbitration is a part of the contract between the disputing parties. In the event that through the voluntary arbitration disputing parties cannot agree, the state board of mediation shall then enforce the compulsory arbitration as provided. (L. 1947 V. I p. 358 § 18a)

Mo. Rev. Stat. § 295.180 Utility strike - power of governor.

295.180. Utility strike — power of governor. — 1. Should either the utility or its employees refuse to accept and abide by the recommendations made pursuant to the provisions of this chapter and as a result thereof the effective operation of a public utility be threatened or interrupted, or should either party in a labor dispute between a utility and its employees, after having given sixty days' notice thereof, or failing to give such notice, engage in any strike, work stoppage or lockout which, in the opinion of the governor, will result in the failure to continue the operation of the public utility, and threatens the public interest, health and welfare, or in the event that neither side has given notice to the other of an intention to seek a change in working conditions, and there occurs a lockout, strike or work stoppage which, in the opinion of the governor, threatens to impair the operation of the utility so as to interfere with the public interest, health and welfare, then and in that case he is authorized to take immediate possession of the plant, equipment or facility for the use and operation by the state of Missouri in the public interest. 2. Such power and authority may be exercised by the governor through such department or agency of the government as he may designate and may be exercised after his investigation and proclamation that there is a threatened or actual interruption of the operation of such public utility as the result of a labor dispute, a threatened or actual strike, a lockout or other labor disturbance, and that the public interest, health and welfare are jeopardized, and that the exercise of such authority is necessary to insure the operation of such public utility; provided, that whenever such public utility, its plant, equipment or facility has been or is thereafter so taken by reason of a strike, lockout, threatened strike, threatened lockout, work stoppage or slowdown, or other cause, such utility, plant, equipment or facility shall be returned to the owners thereof as soon as practicable after the settlement of said labor dispute, and it shall thereupon be the duty of such utility to continue the operation of the plant facility, or equipment in accordance with its franchise and certificate of public convenience and necessity. (L. 1947 V. I p. 358 § 19) (1955) Where agent appointed by and under direction of proclamation of governor acting under this section notified utility company that he was taking over and that he desired the present management to continue, the employees of the utility did not become employees of the state and state did not incur liability to persons injured as a result of the utility's operations during its seizure. Utility in such case was the employer and as such was responsible for the tortious acts of its employees. Rider v. Julian (Mo.), 282 S.W.2d 484. (1962) King-Thompson Act contemplates seizure and injunctive relief only in and during emergency situations where health, safety and welfare of public are threatened. Act upheld against charges that it violated provisions of United States Constitution prohibiting involuntary servitude and providing for free speech and due process, and against charge that it conflicted with National Labor Relations Act. State v. Division 1287 of Amal. Ass'n of St. El. Ry. & Motor Coach Employees (Mo.), 361 S.W.2d 33. (1963) King-Thompson provisions empowering Governor to seize and operate utility is in direct conflict with federal legislation which guarantees the right to strike, and cannot stand under the supremacy clause of the constitution. Division 1287, Amal. Ass'n of S., E.R. & M.C.E. v. State of Missouri, 83 S.Ct. 1657. (1963) Since this statute has been held unconstitutional by United States Supreme Court, injunction suit to restrain chairman of Missouri board of mediation from returning plants and equipment of Kansas City Transit, Inc., to owner and insistence upon continuation of seizure were without any basis in law. State ex rel. Rogers v. Kirtley (Mo.), 372 S.W.2d 86.

Mo. Rev. Stat. § 295.190 Governor to prescribe rules and regulations.

295.190. Governor to prescribe rules and regulations. — The governor is authorized to prescribe the necessary rules and regulations to carry out the provisions of this chapter. (L. 1947 V. I p. 358 § 20) CROSS REFERENCE: Rules and regulations, where filed, effective date, Chap. 536

Mo. Rev. Stat. § 295.200 Unlawful acts - penalties - enforcement of provisions.

295.200. Unlawful acts — penalties — enforcement of provisions. — 1. It shall be unlawful for any person, employee, or representative as defined in this chapter to call, incite, support or participate in any strike or concerted refusal to work for any utility or for the state after any plant, equipment or facility has been taken over by the state under this chapter, as means of enforcing any demands against the utility or against the state. 2. It shall be unlawful for any public utility to employ any person or employee who has violated subsection 1 except that such person or employee may be employed only as a new employee. 3. Any labor organization or labor union which violates subsection 1 shall forfeit and pay to the state of Missouri for the use of the public school fund of the state, the sum of ten thousand dollars for each day any work stoppage resulting from any strike which it has called, incited, or supported, continues, to be recovered by civil action in the name of the state and against the labor organization or labor union in its commonly used name. 4. Any officer of any labor organization or labor union representing employees of public utilities who participates in calling, inciting or supporting any strike in violation of subsection 1 shall forfeit and pay to the state of Missouri, for the use of the public school fund of the state, the sum of one thousand dollars to be recovered by civil action in the name of the state and against such officer. 5. Any public utility that engages in a lockout which brings about a work stoppage shall forfeit and pay to the state of Missouri, for the use of the public school fund of the state, the sum of ten thousand dollars for each day of work stoppage caused by such lockout, said amount to be recovered by civil action in the name of the state and against the public utility; provided further, that if, upon any investigation, supported by competent evidence, by the state board of mediation, it shall appear that any public utility has refused to bargain collectively in good faith with its employees over the terms and conditions of employment, said state board of mediation shall certify such record and proceedings to the public service commission, and, upon consideration of the facts in such record and proceedings the public service commission shall find that the evidence justifies such action, it may revoke the certificate of convenience and necessity of such public utility, or impose such other conditions upon such public utility as may be provided by law. Any such action by said public service commission shall be subject to review in the courts of this state in the same manner as other orders or decisions of said commission. 6. The courts of this state shall have power to enforce by injunction or other legal or equitable remedies any provision of this chapter or any rule or regulation prescribed by the governor hereunder. (L. 1947 V. I p. 358 § 21)

Mo. Rev. Stat. § 295.210 Meaning of law.

295.210. Meaning of law. — No employee shall be required to render labor or service without his consent; nor shall anything in this chapter be construed to making the quitting of his labor or services by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service without his consent. (L. 1947 V. I p. 358 § 22)
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