MSBA attorney briefs Francis Howell R-III board on union rights, bargaining and limits on using public funds for ballot advocacy

An MSBA legal presentation to Francis Howell R-III board members reviewed public‑sector union rights, collective bargaining and the board’s role in advocacy while explaining limits on the district’s ability to use public funds in ballot campaigns.

Susan Goldhammer, MSBA chief of law and policy, told the training that Missouri constitutional language and related case law give public employees the right to organize and that collective bargaining agreements are binding if the district chooses to enter them. She described differences among stakeholder circles — boards, administrators and unions — and urged the board to plan for communication and negotiation with employee groups.

Goldhammer warned that districts cannot use public funds to support or oppose ballot issues and that staff time paid by the district cannot be used for advocacy for a ballot measure. She advised that individual board members and the superintendent can speak as private citizens or public officials, but that districts must carefully separate factual informational communications from advocacy. “You can issue a resolution and a press release about how you feel about a particular topic,” she said, but emphasized constraints on district resources and formal advocacy.

The presentation discussed why some districts adopt collective bargaining agreements even when they are not legally compelled to do so: written agreements can provide continuity when leadership changes, give staff assurances about benefits and create negotiated processes for addressing workplace issues. Trainers said similar outcomes can sometimes be achieved through policy, but both boards and unions often prefer the predictability of a formal agreement.

Board members and trainers also touched on practical responses when budget pressure limits compensation or benefits; trainers said clear, consistent communication and early planning help preserve working relationships when resources are constrained.

Goldhammer recommended that boards set clear advocacy priorities, limit those priorities to a small set the board can actively support, and use work sessions to develop a coordinated approach that the full board can approve. She said MSBA provides guidance documents on these topics to help boards craft policies and communications consistent with law.

No votes were taken; the session was advisory and focused on planning and communications.