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Missouri Revised Statutes

Mo. Rev. Stat. § 105.525 (2026)

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  *105.525.  Issues as to appropriate bargaining units and majority representative status to be decided by board — appeal to circuit court. — Issues with respect to appropriateness of bargaining units and majority representative status, as determined under section 105.575, shall be resolved by the board.  In the event that the appropriate administrative body or any of the bargaining units shall be aggrieved by the decision of the board, an appeal may be had to the circuit court of the county where the administrative body is located or in the circuit court of Cole County.

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(L. 1967 p. 192 § 105.530, A.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, 623 S.W.3d 585 (Mo.banc).

(1975) Utilization of the state board of mediation as provided in § 105.525, RSMo, held not to be an infringement on the constitutional powers of the curators of the University of Missouri. Curators of University of Missouri v. Public Service Employees Local No. 45 (Mo.), 520 S.W.2d 54.

(1977) It is the duty of the state board of mediation to determine which "employees" are proper members of a bargaining unit and which are properly part of management. Golden Valley Memorial v. Missouri State Bd. of Mediation (A.), 559 S.W.2d 581.

(1986) The State Board of Mediation is not to be named as a party on an appeal of its decision.  Baer v. Civilian Personnel Division, 714 S.W.2d 536 (Mo. App.).

(2021)  House Bill 1413 enacted in 2018 held invalid as violation of equal protection clause of Article I, Section 2 of state constitution; section as amended by that act could not be severed from rest of bill.  Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.3d 585 (Mo.banc).

Notes of Decisions
Cited in 26 cases (5 in the last 5 years), 1969–2023 · leading case: Missouri Nat'l Educ. Ass'n v. Missouri State Bd. of Mediation, 695 S.W.2d 894 (Mo. 1985).
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Missouri Nat'l Educ. Ass'n v. Missouri State Bd. of Mediation, 695 S.W.2d 894 (Mo. 1985). · cites it 4× “The MNEA and the District each appealed the decision of the Board to the circuit court pursuant to § 105.525, RSMo 1978. The District contended that the certification election was unlawful as in violation of Board Rule 8 CSR 40-2.”
City of Kirkwood v. Missouri State Bd. of Mediation, 478 S.W.2d 690 (Mo. Ct. App. 1972). · cites it 9× “” By § 105.525 the Board is directed to resolve the issue as to majority representative status.”
Curators of the Univ. of Missouri v. Pub. Serv. Employees Local No. 45, 520 S.W.2d 54 (Mo. 1975). · cites it 5× “” Section 105.525, RSMo 1969, V.A.M.S., reads as follows: “Issues with respect to appropriateness of bargaining units and majority representative status shall be resolved by the state board of mediation.”
Wrinkle v. Int'l Union of Operating Engineers, Local 2, 867 S.W.2d 633 (Mo. Ct. App. 1993). · cites it 10× “Judicial review in this type proceeding is addressed by § 105.525 which reads, in pertinent part: Issues with respect to appropriateness of bargaining units and majority representative status shall be resolved by the state board of mediation.”
State ex rel. Missey v. City of Cabool, 441 S.W.2d 35 (Mo. 1969). · cites it 2× “* * * an appeal may be had to the circuit court * * Section 105.525, supra. “ ‘Appropriate unit’ means a unit of employees at any plant or installation or in a craft or in a function of a public body which establishes a clear and identifiable community of interest among the…”
State Ex Inf. Ashcroft v. Kansas City Firefighters Local No. 42, 672 S.W.2d 99 (Mo. Ct. App. 1984). “That section also defines appropriate unit and exclusive bargaining representative and refers disputes as to those issues [§ 105.525] to the State Board of Mediation.”
Golden Valley Mem'l Hosp. Dist. v. Missouri State Bd. of Mediation, 559 S.W.2d 581 (Mo. Ct. App. 1977). · cites it 2× “Section 105.525 provides that “[ijssues with respect to appropriateness of bargaining unit majority representative status shall be resolved by the state board of mediation.”
West Cent. Missouri Region Lodge 50 of The Fraternal Order of Police v. city of Grandview, 460 S.W.3d 425 (Mo. Ct. App. 2015). · cites it 2× “§ 105.525, RSMo 1994. One of the primary purposes of the statute is to provide a forum to decide if the bargaining unit proposed by the employees is acceptably constituted.”
Jackson Cnty. v. Missouri State Bd. of Mediation, 690 S.W.2d 400 (Mo. 1985). · cites it 2× “Section 105.525 expressly authorizes the Board to decide “[i]ssues with respect to appropriateness of bargaining units .”
State ex rel. O'Leary v. Missouri State Bd. of Mediation, 509 S.W.2d 84 (Mo. 1974). · cites it 2× “Nevertheless, if such had been true Section 105.525 provides for an appeal from any decision of the board of mediation to a judicial body — including the Circuit Court of Jackson County.”
Baer v. Civilian Pers. Div., 714 S.W.2d 536 (Mo. Ct. App. 1986). · cites it 4× “The case at issue began April 2, 1984 when the Association filed with the Mediation Board its petition seeking certification as exclusive bargaining agent in accordance with § 105.525, RSMo. 1978. 1 The Board conducted a hearing June 25, 1984 and issued its decision February 4,…”
Cent. Cnty. Emergency 911 v. Int'l Ass'n of Firefighters Local 2665, 967 S.W.2d 696 (Mo. Ct. App. 1998). · cites it 4× “The Public Sector Labor Law authorizes employees of any public body, with certain exceptions, to form and join labor organizations for the purpose of collective bargaining. §§ 105.500-.530, RSMo 1994. The State Board of Mediation by this statute is empowered to resolve issues as…”
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