MEMORANDUM
TO: All Department Directors
FROM: Mel Carnahan, Governor
DATE: June 19, 2000
SUBJECT: Addendum to Memorandum on Policies Relating to Unions Representing
State Employees issued on April 7, 1998.
The purpose of this Memorandum is to amend and supplement the Memorandum
issued on April 7, 1998, on this same subject. This administration continues to be
committed to the well being of employees of the State of Missouri and in continuing and
improving good relations with the unions that represent them. The purpose of this
memorandum is to continue to build on the policies established in that memorandum and
to continue the progress in the enhancement of the relationship between state
management and employee unions.
This administration established the Commission on Management and Productivity
and believes that further enhancement of the relationship between state management and
employee unions will also enhance the progress made pursuant to COMAP.
The Commission on Management and Productivity was created to enhance the
ability of government to serve its citizens. Within that commission, several task forces
were developed. One of those was the Workforce Task Force. The mission statement of
the workforce task force was to:
Develop strategies to recruit, motivate, train, utilize, and retain state personnel to
promote a high performance workforce, with emphasis on compensation, benefit,
and recognition strategies.
Missouri law also provides:
Employees, except police, deputy sheriffs, Missouri state highway
patrolmen, Missouri National Guard, all teachers of the 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.
Consistent with Missouri law and the mission of COMAP and in the interest of
enhancing communication and consistency in the implementation of the policies
established in My April 7, 1998, Memorandum, the following amendments shall be added
and incorporated into the April 7, 1998, Memorandum.
Paragraphs 1-14 shall be renumbered 2-15 and a new paragraph 1 shall be
included as follows:
Paragraph 1. In order to enhance communication between management and the
bargaining units and pursuant to [section] 105.520, I hereby create the position of "Chief
Negotiator" and designate the Chief Negotiator as the designated representative of the
State of Missouri who shall meet, confer and discuss such proposals relative to salaries
and other conditions of employment of the employees of the public body with the labor
organization which is the exclusive bargaining representative of its employees in an
appropriate unit. Upon the completion of discussions relative to salaries and benefits, the
results shall be reduced to writing and be presented to the Director of the Office of
Budget and Planning. If the Director does not adopt the recommendations of the Chief
Negotiator, the Chief Negotiator shall have the right to appeal such recommendations to
the Governor. Upon the completion of discussions relative to other conditions of
employment, the results shall be reduced to writing and be presented to the appropriate
administrative, legislative or other governing body in the form of an ordinance,
resolution, bill, memorandum of understanding or other form required for adoption,
modification or rejection of such plan.
(a) The Commissioner of the Office of Administration, with my approval
shall designate an official within that office to serve as Chief Negotiator
on behalf of all state departments, agencies and commissions in meeting
with the certified bargaining representatives of a state employee unit
selected pursuant to [section] 105.520 RSMo.
(b) The Chief Negotiator shall have responsibility for negotiating and meeting
with the certified representative of a state employee bargaining unit when
negotiation terms of a Memorandum of Understanding. Upon the request
of either the certified representative of the bargaining unit or the
Department Director or the Director's designee, the Chief Negotiator shall
supervise any meeting related to issues raised by either party. The Chief
Negotiator shall pursue a uniform position for the State in its dealings with
certified representatives of all bargaining units and, where appropriate,
shall seek uniform statewide standards in any memorandums of
understanding reached with such representatives.
(c) The Chief Negotiator shall not only be the designated representative of the
executive branch pursuant to [section] 105.520 RSMo, in all communications with
the certified representatives of all bargaining units on issues related to
wages and benefits, but will also be the designated representative of the
executive branch in all communications with the certified representatives
of all bargaining units in all meet and confer conferences related to any
memorandums of understanding entered into between bargaining units and
state departments, boards or commissions.
(d) The Chief Negotiator shall continue to confer with state departments,
agencies and commissions regarding new terms and conditions of
Memorandums of Understanding and shall ensure the implementation of
terms agreed upon with certified representatives, when appropriate.
(e) The Chief Negotiator shall consider the use of mediation to resolve
disputes with certified representatives that otherwise do not appear
amendable to resolution. The Chief Negotiator shall report to the
Commissioner of the Office of Administration and the Governor as to the
types of disputes that appear amendable to resolution by mediation.
Nothing in this section shall be construed to conflict with the rights and
limitations defined in Sections 105.510 and 105.520 RSMo.
Paragraph 2 of the April 7, 1998, Memorandum shall be amended to add the
following subsection:
(e) Any violation of the rights set forth in subsections (a) through (d) of this
paragraph can be raised immediately with the Chief Negotiator.
Paragraph 3 of the April 7, 1998, Memorandum shall be amended to read as
follows:
State departments and agencies will continue to recognize bargaining units
certified by the Missouri State Board of Mediation and will continue to work with
the current eleven bargaining units. However, I have notified the Chair of the
State Board of Mediation (see attachment) that I, together with the authorized
representatives of those unions representing state employees, request the State
Board of Mediation to realign the eleven statewide bargaining units as follows:
(a) Craft, service, maintenance, and labor occupations, excluding
employees in the Department of Social Services and those
employees primarily engaged in the maintenance, construction,
repair, and operation of state road transportation systems and the
materials used therein;
(b) Craft, service, maintenance, and labor occupations primarily
engaged in the maintenance, construction, repair, and operation of
state road transportation systems and the materials used therein;
(c) Protective service occupations, including corrections officers,
institutional security personnel, building security guards and
similar occupations excluding employees in the Department of
Social Services;
(d) Patient care professional occupations including doctors, nurses,
therapists and other professionals providing direct care, excluding
employees in the Department of Social Services;
(e) Patient care non-professional occupations including technologists,
licensed practical nurses, and other non-professional health care
and office occupations at health care facilities, institutions, and
clinics;
(f) Employees in the Department of Social Services;
(g) Probation, parole, employment, and other caseworker occupations,
excluding employees in the Department of Social Services;
(h) Clerical and office occupations engaged in clerical or secretarial
work including non-technical data recording and retrieval and
general office work, excluding clerical personnel in the
Department of Social Services and at health care facilities,
institutions, and clinics;
(i) Technical and administrative occupations engaged in work that is
not primarily manual and which requires specialized knowledge or
skills excluding employees in the Department of Social Services;
(j) General professional occupations meeting the definition of
"professional employee," excluding employees in the Department
of Social Services and patient care professionals and instructional
staff at state colleges and universities; and
(k) Examining, inspecting, and licensing occupations, excluding
employees in the Department of Social Services; and
The eleven statewide bargaining units shall not include the following:
Police, deputy sheriffs, Missouri state highway patrolmen, Missouri
National Guard, all teachers of all Missouri schools, colleges and
universities.
State departments, agencies and commissions will continue to recognize
bargaining units certified by the State Board of Mediation and will continue to
work with the representative of a currently certified unit until such time as that
unit is replaced or absorbed into a unit conforming to the criteria set forth in
Section 3 (a-k) and an exclusive representative has been selected for the newly-
established unit.
Paragraph 4 of the April 7, 1998, Memorandum shall be amended to read as follows:
(e) The Chief Negotiator will confer with the state labor union
representatives on compensation issues prior to the Governor's
final budget decisions and will confer with the Director of Budget
and Planning prior to the Director of Budget and Planning
submitting his budget recommendations to the Governor as the
Director meets with any of the Department Directors prior to
making the final budget recommendations to the Governor.
Paragraph 5 of the April 7, 1998, Memorandum shall be amended to add the following
provision:
A department, agency or commission which has employees who are represented
by a certified bargaining representative will notify that representative and the
Chief Negotiator of proposed changes that affect the conditions of employment of
the policy change. Upon request of the certified bargaining representative, the
Department Director, or the Department Director's Designee, shall meet with the
Chief Negotiator and the certified bargaining representative to discuss the changes
in the conditions of employment prior to implementation of the change.
Conditions of employment include, but are not limited to work schedules,
reductions in force, transfers, privatization and reorganization. Conditions of
employment do not apply to those related solely to an individual whose concern
can be addressed in the normal grievance process. This paragraph shall not apply
during a state of emergency or when there is an immediate threat to public health,
safety or welfare.
Paragraph 9 of the April 7, 1998, Memorandum shall be amended to add the following
provision:
In situations where there is no certified bargaining representative, an organization
seeking to become a certified bargaining representative will have access to non-
work areas of state buildings where they may meet with employees on non-work
time.
Paragraph 12 of the April 7, 1998, Memorandum shall be amended to add the following
provision:
A maintenance of membership clause defining the rights and/or duration of
membership in a certified bargaining representative will be put in all new
agreements when it is requested by a certified bargaining representative. This
will cover a set period of membership for those employees who voluntarily
choose to join the organization.
The changes to the April 7, 1998, policy directive shall take place immediately.
MC:JB:bm
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