In response to HSSU Board of Regents failure to appear at a
proposed meeting to begin negotiations, the law firm of Schuchat,
Cook & Werner on behalf of Missouri NEA and HSSU-NEA issued a “demand
letter” to the HSSU Board of Regents on May 16, 2013. The letter informs them of their legal
obligation to agree to meet with representatives of HSSU-NEA to begin
negotiations that will lead to a collective bargaining agreement for regular
full time HSSU faculty excluding deans by June 1, 2013.
Schuchat, Cook & Werner cite a recent Missouri Supreme
Court decision where the court held in the Independence
National Education Association case “that public employees have the right
under Article I, §29 of the Missouri Constitution to organize and bargain
collectively through representatives of their own choosing.” The demand letter also notes that The Federal
Mediation and Conciliation Service (FMCS) “has verified that a majority of the
full-time faculty of Harris-Stowe, excluding deans, have signed cards
authorizing HSSU-NEA to serve as their exclusive bargaining representative with
respect to their terms and conditions of employment.” Schuchat, Cook & Werner further argue that the
Missouri Supreme Court’s Fraternal Order
of Police cases decided in November, 2012, “make clear that the University
now has the duty to recognize and bargain with HSSU-NEA.”
In addition to maintaining that the HSSU Board of Regents
has a legal obligation to bargain with HSSU-NEA in good faith, the demand
letter contests the assertion by the regents that they can recognize the HSSU
faculty senate in lieu of HSSU-NEA. Schuchat, Cook & Werner refer to a
resolution adopted by the HSSU Faculty May 3, 2013, which stated that “the
senate is not the elected body to collectively bargain for the terms and
conditions of employment for the regular full-time faculty.” The demand letter goes on to quote the ruling
in the Independence NEA case that
collective bargaining entails “negotiations between an employer and the representatives
of organized employees to reach an agreement regarding the conditions of
employment.” According to Schuchat, Cook
& Werner, the Bylaws of the Faculty Senate do not authorize negotiations
with the University for the purpose of reaching agreement on terms and
conditions of employment. In their
words, the Bylaws “merely authorize Senators, elected from each College, to
discuss among themselves topics of interest to faculty and students.”
The letter concludes by arguing that “the University does
not get to decide who represents its full-time faculty; the faculty do” and
notes that if the University continues to refuse to recognize and bargain with
HSSU-NEA as the exclusive representative of its full-time faculty, excluding
deans, “HSSU-NEA will have no choice but to file suit to compel recognition and
bargaining.”