Missouri NEA
Kari Estes,
UniServ Director
Who are We?
Local
 State
 National
 Education Professionals

– Teachers, Students, Retired,
Support Staff, College
Professors
What do we do?
Professional Organization
 Union
 Advocates

A teacher’s working conditions are a
student’s learning conditions.
Where are we located?
Affiliates in all 50
states
 Puerto Rico
 Military bases abroad
 Missouri NEA has 6
offices

When did we begin?
NEA founded in 1857 by 43 teachers (was first called the
NTA)
 1870 NTA name changed to NEA
 Missouri was one of the founding states of the NEA called the MSTA
 1970 creation of the NEA UniServ Program
 1972 MSTA rejected unification and passed a constitutional
amendment that disaffiliated any MSTA local that required
unified membership
 1973 NEA disaffilates the MSTA and the Missouri NEA is
created by a handful of teachers from about a dozen school
districts

Why do we exist?


Our Mission: Uniting and
empowering public education
advocates to shape the future of
education
MNEA Core Values
– Public Education and Students
– Member Driven Organization
– Member Advocacy
A teacher’s working conditions are
a student’s learning conditions.
The Benefits of Membership
Professional Growth
 Advocacy Organization
 Legal Services
 Economic Advantages
 National Association

National Association
http://www.nea.org/index.html
 National issues

– ESEA aka NCLB
– IDEA
– Social Security
– Vouchers
– Tenure
– Merit Pay
Professional Growth
www.mnea.org
 Classrooms and Kids
 Teaching and Learning
 NEA Grants
 Read Across America
 Conferences
 Networking

Member’s Only Site
http://www.memberweb.com/memberweb
2K1/main2K1.asp
 Economic advantages
 Leaders Updates
 Tools you can use

Legal Services


Professional staff assistance
EEL Program
– $4 million in liability coverage
– Civil suits
– Criminal charges

ULSP Program
–
–
–
–

Division of Family Services
Probationary teacher non-renewal
Tenure teacher contract termination
Other contract or legal issues
Attorney Referral Program
Advocacy Organization

Legislative
– http://www.mnea.org/capitol/
– http://www.nea.org/lac/highered/index.html

Political Action
– No dues dollars are used for political
contributions! Separate, Additional, Voluntary
– Candidate screening based on education issues
only

Locally
The Independence Decision

1945 - Missouri Constitution
– “That employees shall have the right to
organize and to bargain collectively through
representatives of their own choosing." Article
1, Section 29

1947 - Springfield v Clouse
– Excludes public employees

1965 - 105.500
– Meet and confer

1982 - Sumpter v Moberly
– Meet and confer not binding
The Independence Decision
Public employees have right to bargain
 Don’t have to agree, if they do, binding contract
 Strikes still illegal
 Bargaining Framework

– Created by Legislature
– By Districts

Inherent in CB
– Exclusive, elected representative
– Good faith
– Duty of fair representation
STATUS OF COLLECTIVE BARGAINING: FOR PUBLIC SCHOOL TEACHERS
Bargaining Laws K-12 Teachers
*
Bargaining Law In NM Was Not Renewed In 1999
No Bargaining Law But Limited Bargaining Takes Place
No Bargaining Law
AK
MT
WA
ND
VT
NH
MN
OR
ID
ME
WI
SD
MA
WY
MI
NE
IL
NV
UT
NY
IN
PA
OH
CT
CO
KS
WV
MO
CA
KY
AZ
RI
IA
OK
NM*
MS
TX
VA
TN
AR
AL
NJ
NC
GA
DE
MD
SC
LA
HI
FL
NEA COLLECTIVE BARGAINING AND MEMBER ADVOCACY (AS OF APRIL 2003)
PR
STATUS OF COLLECTIVE BARGAINING: FOR EDUCATION SUPPORT PROFESSIONALS
Bargaining Law Covering Education Support Professionals
No Bargaining Law
AK
MT
WA
ND
VT
NH
MN
OR
ID
ME
WI
SD
MA
WY
MI
NE
IL
NV
UT
NY
IN
PA
OH
CT
CO
KS
WV
MO
CA
KY
AZ
RI
IA
OK
NM
MS
TX
VA
TN
AR
AL
NJ
NC
GA
DE
MD
SC
LA
HI
FL
NEA COLLECTIVE BARGAINING AND MEMBER ADVOCACY (AS OF APRIL 2003)
PR
Collective Bargaining
Meet and Confer
Bargain
Public education employees and board
members discuss problems. The
school board unilaterally makes
decisions.
The two parties arrive at mutually
agreeable solutions in an enforceable
written agreement.
When differences exist, the board makes
the final decision.
A neutral third party assists in resolving
differences.
The board may meet with as many
employee groups as it wishes, pitting
one group against another.
Employees speak with one voice, a
representative they’ve elected.
Results are recommendations for the
Board of Education to change their
policies.
Results are complied in a separate
binding agreement ratified by both
the teachers and Board.
What’s the Difference?



MSTA filed a “friend of the court” brief jointly with the
Missouri Council of School Administrators before the
Missouri Supreme Court opposing the collective
bargaining rights of teachers and other public school
personnel.
MSTA does not have the funding or the resources to give
proper representation to members.
http://www.mnea.org/news/Ind_Supreme
Court.htm
MSTA’s Brief

Teachers and school employees might try to
negotiate about…
Before/after school programs (p
20)
Lunch duty (p. 21)
After school meetings (p. 21)
Class sizes (p. 35)
Textbook selection (p. 35)
Retirement plans (p. 35)
Definition of instructional time
(p. 35)
Extracurricular activities (p. 35)
Calendar/schedule changes (p.
35)
Length of school days (p. 35)
Professional development
planning (p. 35)
Professional and non-certified
employee evaluations (p. 35)
The Differences are Important
MSTA believes that allowing the experts (you!)
that work in our schools to bargain on these
subjects would mean that “…the focus will move
from acting in the best interest of students…”
(p. 36).
 By contrast, Missouri NEA believes in the
judgment and commitment of the experts (you!)
that work in our schools. These experts are
exactly the right people to keep the focus on
what is best for students.

What do you think?
If you believe that the experts (you the
teachers) need to have a legitimate voice
in decision-making,
 If you believe that having a binding
contract is a right of professionals,

Then, collective bargaining is the process by
which these experts have shared decisionmaking with the local school board on local
issues.
Which Would you Choose?

Which Association can better work with
teachers to bargain and advocate for a fair
workplace?
– The Association that fought to get those rights and has believed
in them all along? The association who has representatives right
there with you when you need them in a meeting?
OR
– The Association that never believed in bargaining and fought to
keep those rights from teachers? The Association that says,
“I’m sorry, there is nothing we can do.”