Effective - 28 Aug 2018
*105.533. Constitution and bylaws, requirements — financial report, contents — definitions. — 1. Every labor organization shall adopt a constitution and bylaws and shall file a copy thereof with the department, together with a report, signed by its president and secretary or corresponding principal officers, containing the following information:
(1) The name of the labor organization, its mailing address, and any other address at which it maintains its principal office or at which it keeps the records referred to in sections 105.533 to 105.555;
(2) The name and title of each of its officers;
(3) The initiation fee or fees required from a new or transferred member and fees for work permits required by the reporting labor organization;
(4) The regular dues or fees or other periodic payments required to remain a member of the labor organization, as well as agency fees or any other fees required for nonmembers, if any; and
(5) Detailed statements, or references to specific provisions of documents filed under this subsection that contain such statements, showing the provisions made and procedures followed with respect to each of the following:
(a) Qualifications for or restrictions on membership;
(b) Levying of assessments;
(c) Participation in insurance or other benefit plans;
(d) Authorization for disbursement of funds of the labor organization;
(e) Audits of financial transactions of the labor organization;
(f) The calling of regular and special meetings;
(g) The selection of officers and stewards and of any representatives to other bodies composed of the labor organization's representatives, with a specific statement of the manner in which each officer was elected, appointed, or otherwise selected;
(h) Discipline or removal of officers or agents for their breaches of trust;
(i) Imposition of fines, suspensions, and expulsions of members, including the grounds for such actions and any provision made for notice, hearing, judgment on the evidence, and appeal procedures;
(j) Authorization for bargaining demands;
(k) Ratification of contract terms; and
(l) Issuance of work permits.
Any change in the information required by this subsection shall be reported to the department at the time the reporting labor organization files with the department the annual financial report required by subsection 2 of this section.
2. Every labor organization shall file annually with the department a financial report signed by its president and treasurer or corresponding principal officers containing the following information in such detail as may be necessary to accurately disclose its financial condition and operations for its preceding fiscal year:
(1) All assets and liabilities at the beginning and end of the fiscal year;
(2) Receipts of any kind and the sources thereof;
(3) Salaries, allowances, and other direct or indirect disbursements, including reimbursed expenses, to each officer and employee who, during such fiscal year, received more than ten thousand dollars in the aggregate from such labor organization or any affiliated labor organization;
(4) All direct and indirect loans made to any officer, employee, or member that aggregated more than two hundred fifty dollars during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment;
(5) All direct and indirect loans made to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment;
(6) An itemization schedule that discloses the purpose, date, total amount, and type or classification of each disbursement made by the labor organization for the following services and activities, along with the name and address of the entity receiving the expenditure:
(a) Contract negotiation and administration;
(b) Organizing activities;
(c) Litigation;
(d) Public relations activities;
(e) Political activities;
(f) Activities attempting to influence the passage or defeat of federal, state, or local legislation or the content or enforcement of federal, state, or local regulations or policies;
(g) Voter education and issue advocacy activities;
(h) Training activities for each officer of the local bargaining representative or labor organization support staff;
(i) Conference, convention, and travel activities engaged in by the labor organization; and
(j) Labor organization administration;
(7) The percentage of the labor organization's total expenditures that were spent for each of the activities described in paragraphs (a) to (j) of subdivision (6) of this subsection;
(8) The names, addresses, and activities of any law firms, public relations firms, or lobbyists whose services are used by the labor organization for any activity described in paragraphs (a) to (j) of subdivision (6) of this subsection;
(9) A list of candidates, continuing committees, federal political action committees, nonprofit organizations, and community organizations to which the labor organization contributed financial or in-kind assistance and the dollar amount of such assistance;
(10) The names and addresses of any continuing committees or federal political action committees with which the labor organization is affiliated or to which it provides contributions, the total amount of contributions to such committees, the candidates or causes to which such committees provided any financial assistance, and the amount provided to each such candidate or cause; and
(11) Other disbursements made, including the purposes thereof, all in such categories as the department may prescribe.
3. Every labor organization shall submit the report required by subsection 2 of this section in an electronic format that is readily and easily accessible and shall make available the information required to be contained in such report to all of its members. Every such labor organization and its officers shall be under a duty enforceable at the suit of any member of such organization in the county where the violation occurred to permit such members for just cause to examine any books, records, and accounts necessary to verify such report. The court in such action may, in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and a reasonable attorney's fee to be paid by the defendant.
4. The department shall make each report filed under this section publicly available, online, in an electronic format.
5. For purposes of this section, the terms "candidate", "continuing committee", and "contribution" shall have the same meanings as in section 130.011, and the term "lobbyist" shall have the same meaning as in section 105.470.
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(L. 2018 H.B. 1413)
*Revisor's Note: On June 1, 2021, this section was declared unconstitutional in Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, SC 98412 (Mo.banc).
(2021) House Bill 1413 enacting section in 2018 held invalid as violation of equal protection clause of Article I, Section 2 of state constitution; section as enacted could not be severed from rest of bill. Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, SC98412 (Mo.banc).
Structure Missouri Revised Statutes
Title VIII - Public Officers and Employees, Bonds and Records
Chapter 105 - Public Officers and Employees — Miscellaneous Provisions
Section 105.006 - State officials and employees, effective date for salary adjustments, exception.
Section 105.010 - Terms of office.
Section 105.020 - Governor to commission certain officers.
Section 105.030 - Vacancies, how filled.
Section 105.040 - United States senator — vacancy, how filled.
Section 105.050 - Vacancy in certain offices — how filled.
Section 105.060 - Settlement of account with court.
Section 105.070 - Settlement to be entered of record.
Section 105.080 - Duplicate copies of record.
Section 105.090 - Payment to county treasurer of full amount.
Section 105.100 - Duplicate receipts for payment.
Section 105.110 - Delinquent settlements, how enforced.
Section 105.120 - Penalty on delinquents.
Section 105.130 - Treasurer to settle quarterly.
Section 105.150 - No state officer or clerk to deal in state stocks — penalty.
Section 105.160 - United States savings bonds — authorization for withholding.
Section 105.170 - Duties of commissioner of administration.
Section 105.180 - Termination of withholdings.
Section 105.190 - Incurrence of certain liabilities prohibited.
Section 105.200 - Warrant to represent sum withheld.
Section 105.201 - Office of administration to develop flexible benefit plan.
Section 105.210 - Officer may call aid, when.
Section 105.230 - Officer liable to party injured, when.
Section 105.240 - Officers may break doors, when.
Section 105.255 - Discrimination in hiring based on educational programs prohibited, when.
Section 105.260 - Certain laws to apply to St. Louis.
Section 105.265 - Life insurance benefits, effect of active military duty.
Section 105.266 - Leave of absence granted, state employees, bone marrow or organ donation.
Section 105.273 - Definitions.
Section 105.274 - Facsimile signature on public securities, instruments, or contracts, effect.
Section 105.275 - Facsimile seal, use, effect.
Section 105.276 - Fraudulent use of facsimile signature or seal, penalty.
Section 105.277 - Uniformity of interpretation.
Section 105.278 - Short title.
Section 105.300 - Definitions.
Section 105.310 - Federal-state agreement — contents — services covered.
Section 105.320 - Contributions by state.
Section 105.330 - Agreements with bistate instrumentality, how made.
Section 105.340 - Contributions by state employees, liability for — collection.
Section 105.350 - Agreements between the state and its political subdivisions — contents.
Section 105.360 - Nonapproval or termination of plan — hearing.
Section 105.370 - Contributions by political subdivisions and employees — liability for.
Section 105.375 - Officer compensated solely by fees to reimburse county for contributions.
Section 105.400 - Certification and transfer of state's share — contribution fund.
Section 105.420 - Additional appropriations for federal payments authorized.
Section 105.430 - Rules and regulations — publication.
Section 105.450 - Definitions.
Section 105.452 - Prohibited acts by elected and appointed public officials and employees.
Section 105.462 - Prohibited acts by persons with rulemaking authority — appearances — exceptions.
Section 105.464 - Prohibited acts by persons in judicial or quasi-judicial positions.
Section 105.467 - Discharge and discrimination prohibited, reasons — reinstatement.
Section 105.470 - Definitions.
Section 105.472 - Violation of law — complaint — oath.
Section 105.475 - Lobbyist exceptions.
Section 105.476 - Applicability of other provisions of law — additional standards.
Section 105.482 - Severability.
Section 105.483 - Financial interest statements — who shall file, exception.
Section 105.487 - Financial interest statements — filed, when, exception.
Section 105.489 - Financial interest statements — to be kept with filing officer.
Section 105.491 - Executive director of commission — duties.
Section 105.494 - Governor — appointment to certain boards or commissions prohibited.
Section 105.496 - Permanent select committee on ethics.
Section 105.498 - Out-of-state travel costs for full-time employees, reporting requirements.
Section 105.500 - Definitions.
Section 105.503 - Applicability — exceptions — federal law supersedes, when.
Section 105.530 - Law not to be construed as granting right to strike.
Section 105.533 - Constitution and bylaws, requirements — financial report, contents — definitions.
Section 105.535 - Officer and employee report, certain financial disclosures required.
Section 105.537 - Attorney-client information not to be included in reports, when.
Section 105.540 - Reports deemed public records — department regulations.
Section 105.545 - Maintenance of records, requirements.
Section 105.550 - Filing of reports, when.
Section 105.580 - Bargaining agreement, procedure — renewal — term of agreement, limitation.
Section 105.583 - Tentative agreement, requirements.
Section 105.585 - Labor agreements, limitations on.
Section 105.590 - Copies of agreement provided to public employees.
Section 105.595 - Civil action for violations.
Section 105.598 - Rulemaking authority.
Section 105.600 - Definitions.
Section 105.620 - Status of exchanged employees.
Section 105.630 - Travel expenses during assignment.
Section 105.650 - Travel expenses of persons assigned to this state.
Section 105.660 - Definitions, retirement benefit changes.
Section 105.662 - Public pension funds not to be commingled — trusteeship.
Section 105.663 - Retirement plan may appoint attorney as legal advisor.
Section 105.665 - Cost statement of proposed changes prepared by actuary — contents.
Section 105.667 - Gain or profit from funds or transactions of plan, prohibited when.
Section 105.670 - Cost statement available for inspection — effect of changes (general assembly).
Section 105.675 - Cost statement available for inspection (political subdivisions).
Section 105.679 - Contact information for retired members to be provided, when (St. Louis City).
Section 105.680 - Expenses for cost statements, how paid.
Section 105.683 - Plan deemed delinquent, when, effect of.
Section 105.685 - Effective date of changes.
Section 105.687 - Definitions.
Section 105.688 - Investment fiduciaries, duties.
Section 105.689 - Investment fiduciary may make investments in certain countries.
Section 105.690 - Selection of fiduciaries, preference to Missouri firms.
Section 105.712 - Dental primary care and preventative health services.
Section 105.725 - Confidentiality agreement, not to be required for claims paid.
Section 105.800 - State employee defined.
Section 105.820 - Option, who shall exercise.
Section 105.840 - Legislators, certain travel covered.
Section 105.850 - Sovereign immunity not waived.
Section 105.900 - Employee defined — limitations — tax exempt, when.
Section 105.905 - Deferred payment agreements authorized — funds, how invested.
Section 105.927 - State's contribution to participants in deferred compensation program.
Section 105.950 - Compensation of certain department heads.
Section 105.956 - Advisory opinion, withdrawn, when.
Section 105.958 - Designated decision-making public servant, notification.
Section 105.962 - Position created in ethics commission for electronic reporting system management.
Section 105.964 - Deadline for filing of reports extended, when — no extension, when.
Section 105.967 - Lobbyists not to serve on certain commissions.
Section 105.969 - Executive branch code of conduct — adoption.
Section 105.975 - Signature not required, when.
Section 105.977 - Attorney general to represent commission, exception.
Section 105.981 - Rules, effective, when — rules invalid and void, when.
Section 105.1000 - Definition.
Section 105.1005 - Withholding part of gross compensation of employees to fund plan.
Section 105.1020 - Political subdivisions may establish and administer other life insurance plans.
Section 105.1073 - Liability coverage to be provided — amounts of coverage.
Section 105.1075 - Eligible insurers — department of commerce and insurance to approve policies.
Section 105.1077 - Definitions.
Section 105.1079 - No waiver of sovereign immunity intended.
Section 105.1100 - Citation of law.
Section 105.1102 - Definitions.
Section 105.1114 - Administrative rules to be provided by state personnel advisory board, procedure.
Section 105.1200 - Guidelines for standardized audits, additional information may be requested.
Section 105.1216 - Hiring authorities to verify registration.