By Antonio D. French
Filed Wednesday, May 30, 2007 at 8:33 AM
Correction: Okay, not really. Despite Governor Blunt's assertions in his statement, the Supreme Court's ruling did not extend to teachers the right to strike, but rather just the right to collectively bargain. Labels: Schools, Supreme_Court
FROM THE RULING: "Article I, section 29's guarantee that employees have 'the right to bargain collectively' is clear and means what it says. Agreements that the school district made with employee groups are to be afforded the same legal respect as contracts made between the district and individuals, although public employees – unlike their private-sector counterparts – are not permitted to strike.
As long as the duration and terms of such agreements comply with the limits provided by law for school districts to bind themselves, and are consistent with other statutes such as the teacher tenure act, the agreements are enforceable as any other contractual obligations undertaken by the district."
By a 5-2 vote yesterday, the Missouri Supreme Court overturned a 60-year ban on the collective bargaining rights of public employees.
Throwing yet another monkey wrench in the state's half-baked idea of taking over St. Louis Public Schools, this ruling now means that teachers, as well as other public employees, once again have the right to strike, if need be, to bring their employers to the bargaining table.
"This is yet another example of judicial activism, where a court’s action oversteps the bounds of prudent Constitutional interpretation," said Gov. Matt Blunt in response to Tuesday's ruling.
"This reckless decision could force cities and school districts to raise taxes and subject Missourians to the threat of strikes by critical public sector employees."
"Public sector employees are different than all other employees, and taxpayers should not be bound by collective bargaining agreements," said Blunt.
Obviously, the Supreme Court disagreed.
The state Constitution clearly affords collective-bargaining rights to employees. Past courts have interpreted that guarantee as not extending to public employees.
According to the Kansas City Star, in Tuesday’s decision, written by Chief Justice Michael A. Wolff, the court found that the constitutional guarantee is "clear and means what it says."
3 Comments:
so---is this the same court which will decide which school board slps will have available for the teachers to negotiate with?
5/30/2007 12:44 PM
This ruling does not grant the right to strike, in fact in specifically says it does not. Please do more research before postings with such titles are made.
That being said, public employees should have the right to strike, just like any other worker...
5/30/2007 8:59 PM
Looks like they are going to be using this if there any left.
6/01/2007 12:40 AM
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