Blunt - Forced payment of union fee illegal

JEFFERSON CITY, Mo. -- Taking aim at new union powers backed by Democratic Gov. Bob Holden, Republican Secretary of State Matt Blunt is questioning the legality of a proposed rule that could force some new state workers to accept union fees as a condition of their employment.

Blunt on Tuesday sent a letter to Jackie White, commissioner of the Office of Administration, claiming a proposed state rule allowing union bargaining fees to be charged to nonunion employees was illegal.

"Under Missouri law, state workers cannot be compelled to give money to private organizations," said Blunt, who is expected to challenge Holden in the 2004 governor's election. "The administration can no more require these payments than it could require workers to join or give money to a religious denomination, political party or civic club."

Blunt, whose office is responsible for publication of proposed and final state agency rules, said he would allow the collective bargaining rule to be published in the Missouri Register to allow public comment.

But unless it is changed after the comment period, Blunt said in the letter, he has "no intention of publishing a final rule that is invalid."

Union service fees, also called "fair-share fees," were not allowed in Missouri until Holden expanded union bargaining powers with a June 2001 executive order.

Holden's order authorizing the collective bargaining fees has been criticized by business groups and Statehouse Republicans, who for years had blocked legislative efforts to grant collective bargaining powers to public employees.

Under the proposed rule, health-care workers seeking employment with the Department of Corrections, Department of Mental Health and Missouri Veterans Commission -- all covered by union bargaining units -- would have to either join the union, not join but pay the fees intended to help cover union negotiation expenses, or not accept the state job.

The requirements don't apply to workers already employed with the state.

The deduction of service fees, which was to take effect Sept. 1, will not occur until new state regulations are in place, which could take as long as six months.

The Service Employees International Union, Local 2000, represents patient-care professionals in corrections, mental health and veterans facilities. The American Federation of State, County and Municipal Employees union, Council 72, represents direct patient-care providers in mental health and veterans homes.

Paula Bentley, director of AFSCME Missouri, said Blunt is on shaky legal ground.

"This isn't the first time Matt Blunt has said something foolish," Bentley said. "Service fees have been upheld by the courts over and over again. If he wants to spend taxpayer money to fight the working people of Missouri, that's fine."

Bentley said if the proposed rule stands and Blunt fails to approve it, then the union will challenge Blunt's decision in court.

AFSCME union dues are $25 a month, but no rate has been set for service fees. SEIU union dues are a maximum of $35 a month and service fees could be up as high as $28.

Paul Buckley, acting chief negotiator for the Office of Administration, said he had not seen Blunt's letter but was not opposed to further discussions on the issue.

"We do things in accordance with the laws," Buckley said. "Other than that, we have the rule going through the process and these are the type of things that will be determined through this procedure. We all have a common goal to correct any deficiencies."

Public comment will last for 30 days, and the agency has 90 days to modify the proposal, at which point Blunt will decide whether the rule meets legal requirements.

If Blunt rejects the proposed rule, then state law prohibits it from taking effect, said Spence Jackson, Blunt's spokesman.

Sen. John Russell, a longtime opponent of collective bargaining, said he was pleased that Blunt opposed the fees and looked forward to further discussion on the issue.

"It's good to see a state official who is interested in doing what's right on this issue," said Russell, R-Lebanon.

Holden's executive order granted collective bargaining rights to nearly 30,000 of the state's 65,000 employees and allowed many state boards and commissions to grant similar rights to employees under their supervision. State employees still cannot strike, and the legislature retains the final say on any decisions requiring appropriations or changes to the law.