JACKSON -- Even if a majority of city public works employees vote in favor of union representation next month, union membership won't be mandatory.
Francis Brady, the chairman of the State Board of Mediation, said union representation in a public entity in Missouri isn't the same as representation for employees of a private company.
"It is considerably different with public entities," Brady said. "It is strictly meet and confer. No strikes are allowed and no one has to join the union."
Brady will oversee the union vote to be held March 19 at Jackson City Hall.
Fifty-one of the city's 104 employees will decide whether to be represented by the International Brotherhood of Electrical Workers Local 702. The union is based in West Frankfort, Ill., but represents workers throughout Southeast Missouri.
A simple majority of 26 "yes" votes will be required to bring in the union.
In theory, a majority of eligible city workers could vote in the union, but less than 50 percent could choose to join. Employees choosing not to join would still enjoy union representation.
"Employees don't have to pay union dues, but as long as it's certified, the union has to represent them in grievances," Brady said.
Unions can seek to recoup expenses for representation.
A federal court case involving the St. Louis School District upheld in Missouri what is known as the "fair share" doctrine. The district was challenged for withholding dues from the paychecks of employees who did not join the union.
The "fair share" is calculated by the union to reflect how much it costs to represent an individual. Brady said that amount is sometimes less than what regular members pay in dues.
Employers are not obligated to withhold the "fair share," but may agree with the union to do so.
"That is something you don't see in too many municipal unions," Brady said.
In municipal situations, the involuntary deduction of dues often prompts a petition drive to decertify the union, Brady said.
Jackson Mayor Paul Sander and City Administrator Steve have come out in opposition to the union effort. The Board of Aldermen is also expected to issue a statement of unified opposition.
The vote was triggered when the IBEW submitted to the State Board of Mediation cards signed by more than 30 percent of eligible city employees who expressed interest in the union. Citing confidentiality restrictions, Brady would not release the percentage of employees who signed cards.
The city is required to turn over the names, addresses and phone numbers of the eligible employees to the IBEW, which in turn may solicit the workers for their vote.
Both sides are expected to conduct their campaigns fairly, Brady said. For example, the city shouldn't practice intimidation by threatening to fire workers, and the union shouldn't promise to deliver a specific pay raise.
Brady will tabulate results immediately following the close of voting.
If either side objects to how the election is conducted, they would have 10 days to challenge the results with the Board of Mediation, which would investigate the allegations.
If there is no challenge, Brady will certify the results at the end of the 10-day period. Failure to certify the union would bar the it from trying to organize city workers for one-year.
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