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Bargaining With Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, Peter W. Bay
Bargaining With Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, Peter W. Bay
Missouri Law Review
Collective bargaining – negotiations over working conditions between an employer and representatives of their employees – appeared as early as 1891 as labor unions arose in response to the Industrial Revolution. Collective bargaining in private industry was recognized in 1935 by the National Labor Relations Act but was considered prohibited in the public sector. In 1945, the state of Missouri ratified its constitution, which included article 1, section 29, a provision protecting employee collective bargaining rights. That provision, however, was quickly interpreted by courts as applying only to private employees, and thus, public employees had little power to negotiate employment …
Mental States And Misconduct: The Supreme Court Of Missouri Interprets An Important Disqualification From Unemployment Benefits, Brian Stair
Missouri Law Review
Fendler v. Hudson Services features the Supreme Court of Missouri’s first thorough discussion of section 288.030.1(23) and the Court’s decision illustrates a development in Missouri appellate court interpretation of the statute’s definition of “misconduct.” This Note describes that definitional development and addresses its potential effect on future disputes in which employers are seeking to prove that an employee’s behavior constituted misconduct. Specifically, this Note focuses on how the Supreme Court of Missouri, by refusing to require a showing of “willfulness” to prove “misconduct,” has further complicated the use of mental states in “misconduct” analysis and potentially broadened the scope of …