Teachers’ Union Gets Collective Bargaining Wrong
Last week someone forwarded me this pamphlet from the Missouri National Education Association (MNEA) on collective bargaining for teachers. It’s a well-put-together brochure that explains the MNEA’s position on a pretty complicated issue. While I applaud the union for producing a primer on an area of public policy I think most people do not know a whole lot about, I take issue with a few of the points they make.
1. The MNEA’s pamphlet argues that the only way for teachers to successfully achieve an enforceable labor agreement is when one union acts as the exclusive representative of all the teachers subject to the labor agreement. This requirement is nowhere to be found in the constitution. It was not mentioned by the Missouri Supreme Court when it created collective bargaining rights for teachers in 2007. And the Missouri Supreme Court failed to mention the necessity of exclusive representation in any further decisions.
Furthermore, there are school districts in Missouri, such as Hillsboro and Warren (see below), where the school district has a labor agreement with multiple teachers’ unions. The fact that both the Missouri State Teachers Association and the MNEA already represent teachers in multiple multi-party labor agreements proves that a single exclusive representative is unnecessary.
2. The MNEA’s pamphlet suggests that collective bargaining through an exclusive representative is a democratic process that results in fair representation for all teachers subject to the labor agreement. Ordinarily, once a government union obtains the privilege of acting as the exclusive representative for employees, it never has to run for re-election. There’s hardly anything democratic about a representative winning a lifetime appointment after a one-time election.
Worse still, when one union wins the privilege to act as the exclusive representative for a group of government employees, other employee groups often lose out. We’ve seen this with both teachers and police.
3. The pamphlet fails to mention the history of teacher collective bargaining in Missouri. Instead, it simply alludes to a couple of Missouri Supreme Court cases in the late 2000s. In fact, the Missouri Supreme Court imposed collective bargaining on teachers in those cases. Prior to 2007, the courts had long held that the Missouri Constitution did not give government unions the right to collectively bargain with the government. Indeed, when collective bargaining language was added to the Missouri Constitution, collective bargaining with the government was seen as impossible and potentially unconstitutional.
Teachers’ unions, like the MNEA, may now collectively bargain with the government. However, this is not some long-established right. The court created teacher collective bargaining law only eight years ago. Whether you consider this an activist decision or the product of a living constitution, the law is still in flux. There is no reason for the MNEA to assume that principles used in the private sector, such as exclusive representation, have a necessary place in collective bargaining with the government.