E. Mo. Coalition of Police, Fraternal Order of Police, Lodge 15 v. City of Chesterfield

• Decision Date: 20 November 2012
• Docket Number: SC 91737.,Nos. SC 91736,s. SC 91736
• Citation: 386 S.W.3d 755
• Parties: EASTERN MISSOURI COALITION OF POLICE, FRATERNAL ORDER OF POLICE, LODGE 15, Respondent, v. CITY OF CHESTERFIELD, Appellant. Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15, Respondent, v. City of University City, Appellant.
• Court: Missouri Supreme Court

386 S.W.3d 755

EASTERN MISSOURI COALITION OF POLICE, FRATERNAL ORDER OF POLICE, LODGE 15, Respondent,

v.CITY OF CHESTERFIELD, Appellant.

Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15, Respondent,

v.City of University City, Appellant.

Nos. SC 91736, SC 91737.

Supreme Court of Missouri,

En Banc.

Nov. 20, 2012.

Robert M. Heggie, Mark D. Mittleman and Harold V. O'Rourke, Stewart, Mittleman, Heggie & Henry LLC, St. Louis, MO, for the City, Record No. SC19736.

Gregory C. Kloeppel and Danielle M.S. Thompson, St. Louis, MO, for the Union, Record No. SC19736.

Kevin M. O'Keefe and Edward J. Sluys, Curtis, Heinz, Garret & O'Keefe PC, St. Louis, MO, for the City of Hazelwood, which filed a brief as friends of the Court, Record No. SC19736.

Stephen Douglas Bonney, Kansas City, MO, and Anthony E. Rothert and Grant R. Doty, St. Louis, MO, for the ACLU of Kansas & Western Missouri and the ACLU of Eastern Missouri, which filed a brief as friends of the Court, Record No. SC19736.

Sally E. Wheeler and Loretta K. Haggard, Schuchat, Cook & Werner, St. Louis, MO, and Jacqueline D. Shipma, Jefferson City, MO, for the Missouri National Education Association, which filed a brief as friends of the Court, Record No. SC19736.

Timothy A. Garnett and Nathan J. Plumb, Ogletree, Deakins, Nash, Smoak & Stewart PC, St. Louis, MO, for the City, Record No. SC91737.

Gregory C. Kloeppel and Danielle M.S. Thompson, St. Louis, MO, for the Union, Record No. SC91737.

Stephen Douglas Bonney and Grant R. Doty, St. Louis, MO, for the ACLU of Kansas & Western Missouri and the ACLU of Eastern Missouri which filed a brief as friends of the Court, Record No. SC91737.

PATRICIA BRECKENRIDGE, Judge.

The cities of Chesterfield and University City separately appeal judgments entered against each city and in favor of the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 (the union). In each action, the trial court entered a declaratory judgment ordering the public employer to adopt collective bargaining procedures. In a consolidated opinion in the two cases, this Court holds that the right to organize and bargain collectively recognized in article I, section 29 inherently imposes a duty on each city to bargain collectively with the exclusive bargaining representative elected by its police officers and sergeants with a goal of reaching an agreement. University City and Chesterfield are not excused from carrying out this duty because the public employees represented by the union are not covered by the procedures codified in the public sector labor law, section 105.500, et seq., RSMo.¹ Each city has the ability to establish a procedural framework for collective bargaining with its excluded employees if necessary to effectuate its duty. Nevertheless, because the cities may be able to meet their duty without establishing a framework, the trial courts erred in ordering them to do so. Consequently, this Court affirms the trial courts' declaration that the cities have a duty to bargain collectively but reverses the trial courts' judgments ordering them to establish any procedural framework. Furthermore, as authorized by Rule 84.14, this Court enters judgment ordering the cities to recognize the union as the collective bargaining unit for the cities' police officers and sergeants and to begin to meet and confer with the union for collective bargaining.

Facts and Procedural Background

A majority of police officers and sergeants in University City and Chesterfield signed “representation interest cards” supporting the certification of the union as their exclusive representative for collective bargaining under the public sector labor law. Consequently, the union requested that each city voluntarily recognize the union's representative status and establish a procedural framework for collective bargaining. Both cities declined the union's request. In separate actions, the union petitioned for declaratory judgment, asserting that each city has an affirmative duty, under the Missouri Constitution, to establish a meaningful procedural framework allowing law enforcement employees to bargain collectively with their employers. In answer to the suit, the cities claimed that they are under no duty to adopt a process for collective bargaining and that the court lacked the authority to force a public employer to adopt such a process. All of the parties filed cross-motions for summary judgment.

In University City's case, the trial court entered summary judgment in favor of the union. In the case against Chesterfield, the court ruled in favor of the union after a bench trial. In both cases, the courts ordered the cities to expeditiously establish procedures under which the police officers and sergeants could bargain collectively. The trial court orders required that the framework include: (1) the scope of an appropriate bargaining unit that would include police officers and sergeants; (2) procedures for an election to certify the union as the exclusive bargaining representative for the cities' police officers and sergeants, including the date, time, and place of election; (3) the procedures for holding an election; and (4) the procedures for the meet and confer process.

The cities appealed. After an opinion, the court of appeals granted transfer to this Court. Mo. Const. art. V, sec. 10. On appeal, both cities challenge whether article I, section 29 of the Missouri Constitution imposes a duty on public employers to establish a framework for collective bargaining where none exists. In addition, if such a duty exists, both cities contest whether a trial court can order a public employer to create such a framework. Specifically, the cities claim that the trial court erred in that the union lacks standingto sue, a city has no legal duty to establish collective bargaining procedures, and, because adopting such a framework would amount to legislating, the separation of powers doctrine prohibits courts from ordering cities to adopt a collective bargaining framework.

Standard of Review

University City's case was decided by summary judgment, which, because it is an issue of law, shall be reviewed de novo. ITT Commercial Fin. Corp. v. Mid–Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). The criteria on appeal for testing the propriety of summary judgment are no different from those that should be employed by the trial court to determine the propriety of sustaining the motion initially. Id. This Court reviews the record in the light most favorable to the party against whom judgment was entered. Id. Summary judgment is appropriate when the moving party has demonstrated, on the basis of facts as to which there is no genuine dispute, a right to judgment as a matter of law. Rule 70.04(c)(6); Grattan v. Union Elec. Co., 151 S.W.3d 59, 61 (Mo. banc 2004).

With regard to Chesterfield's case, because it was court-tried, it is held to the standard set out in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). White v. Director of Revenue, 321 S.W.3d 298, 307–08 (Mo. banc 2010). Consequently, the trial court's decision will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Guyer v. City of Kirkwood, 38 S.W.3d 412, 413 (Mo. banc 2001) (citing Murphy, 536 S.W.2d at 32 (Mo. banc 1976)).

Discussion

A. Standing

As a threshold issue, the cities argue that the union lacks standing to sue on behalf of the police officers and sergeants. To gain associational standing in Missouri, an association must show: (1) its members would have standing to sue in their own right; (2) the interests that the association seeks to protect are germane to the organization's purpose; and (3) neither the claim asserted nor the relief requested requires the participation of individual members. St. Louis Ass'n of Realtors v. City of Ferguson, 354 S.W.3d 620, 623 (Mo. banc 2011). University City contends the union fails the first element because its members have no legally protectable interest in a collective bargaining process.² Chesterfield claims that the union lacks standing because no individuals were parties to the action claiming a deprivation of their personal rights to collective bargaining and the union failed to prove its representative status as a bargaining unit.

The union has associational standing to sue to enforce its members' rights under article I, section 29. The first requirement is satisfied because, as discussed herein, the union members legally are entitled to bargain collectively. The second requirement is satisfied because the union's main purpose is to defend and promote the rights of its members. The third requirement is satisfied because the relief requested—an order that the cities establish a framework for collective bargaining—is prospective only, and no request was made for money damages or some other relief specific to individual members. See Missouri Bankers Ass'n v. Director of Missouri Div. of Credit Unions, 126 S.W.3d 360, 363 (Mo. banc 2003).³

B. Duty to Bargain Collectively

Article I, section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” Missouri's public sector labor law, codified in section 105.500, et seq., and in 8 C.S.R. 40–2.010, et seq., provides a procedural framework for collective bargaining for most public employees, but it expressly excludes certain professions, such as law enforcement officers and teachers. Section 105.510. This Court's decision in Independence–Nat'l Educ. Ass'n v. Independence Sch. Dist., 223 S.W.3d 131 (Mo. banc 2007), addressed the collective bargaining rights of teachers. There, a teachers' union sought to enforce its members' constitutional right to collective bargaining after the school district rescinded a prior agreement, unilaterally instituted new terms, and refused to engage in further...