Missouri Constitution

Article I
BILL OF RIGHTS
Section 29

August 28, 2013



Organized labor and collective bargaining.

Section 29. That employees shall have the right to organize and to bargain collectively through representatives of their own choosing.

(1952) Picketing, for the purpose of coercing employer to sign contract recognizing as exclusive collecting bargaining agent a labor organization of which only small minority of employees of such employer were members, was for an unlawful purpose under federal statute and therefore could be restrained without violating guaranties of constitution. Katz Drug Co. v. Kavner (Mo.) 249 S.W.2d 166.

(1955) Where evidence disclosed no reasonable objective of peaceful picketing other than to cause the employer to violate its employees' rights by coercing them into union membership it was unlawful and would be enjoined. Bellerive Country Club v. McVey, 365 Mo. 477, 284 S.W.2d 492.

(1955) Picketing to coerce employees to join certain union and to designate that union as a bargaining agent is violative of their rights under the constitution and is, therefore, unlawful. Tallman Co. v. Latal, 365 Mo. 552, 284 S.W.2d 547.

(1956) Picketing of hotel by bartenders' union for purpose of coercing management to coerce its employees to join the union and to accept the union as their bargaining representative was in violation of this section. American Hotel Co. v. Bartenders' International League of America, (Mo.), 297 S.W.2d 411.

(1957) Violation by an employer of right to organize and to bargain collectively as guaranteed by this provision is a wrong, and coercion of employees to prevent their organization should be enjoined. Quinn v. Buchanan (Mo.), 298 S.W.2d 413.

(1963) This provision does not authorize relief for employee in the nature of reinstatement and recovery of lost wages for employee who had no contract for a definite term of employment and who was allegedly discharged for union activity, but such discharge would be wrongful and employee could maintain an action for damages. Smith v. Arthur C. Baue Funeral Home (Mo.), 370 S.W.2d 249.

(2007) Section applies to public employees as well as private sector employees. Independence-National Education Association v. Independence School District, 223 S.W.3d 131 (Mo.banc).

(2012) Section imposes on employers an affirmative duty to bargain collectively and, when necessary, to adopt procedures to participate in that process. Coalition of Police v. Chesterfield, 386 S.W.3d 755 (Mo.banc), (overruling Quinn v. Buchanan, 298 S.W.2d 413, Mo.banc 1957).

(2012) Duty to bargain collectively includes affirmative duty to meet and confer and negotiate in good faith. American Federation of Teachers v. Ledbetter, 387 S.W.3d 360 (Mo.banc).


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