Collective bargaining suit gets rejected once more

JEFFERSON CITY, Mo. -- After a judge on Thursday refused to reinstate his lawsuit challenging a gubernatorial order on collective bargaining for state workers, Senate President Pro Tem Peter Kinder vowed to appeal.

Following a brief hearing in his chambers, Cole County Circuit Judge Thomas J. Brown III rejected a motion to reconsider his December ruling dismissing Kinder's case against Democratic Gov. Bob Holden.

Kinder, R-Cape Girardeau, said Brown's refusal was expected, paving the way for review by the Missouri Court of Appeals Western District in Kansas City.

"We are going to Kansas City full steam ahead," said Kinder, who didn't attend the hearing.

Brown's original order dismissed the case with prejudice, meaning it couldn't be resubmitted. However, Brown agreed to alter that order and allow the case to be re-filed in the event of new evidence. For the time being, though, that change will have little practical effect.

Kinder is leading a coalition of pro-business organizations, other special interest groups and some state employees in challenging the executive order Holden signed in June that extended collective bargaining rights to approximately 30,000 state employees. The plaintiffs contend the order is unconstitutional on several grounds, including that Holden usurped powers delegated to the General Assembly by signing the order.

In dismissing the case, Brown ruled Holden acted within his authority, and the case wasn't ripe for review as the negative consequences of the order predicted by the plaintiffs haven't come to pass.

During the hearing, Daniel Bloom, one of three attorneys for the plaintiffs, urged Brown to allow the case to proceed to trial to avoid a potential cycle of appeals and remands to his court that could drag the case out for months.

"We should get the whole case in front of you and then the appeals court," Bloom said.

Assistant Attorney General R. Jeffrey Harris, representing the governor, said plaintiffs offered no evidence that Brown's original decision was in error.

"They are just trying to get more bites at the apple," Harris said. "You got it right the first time."

If the plaintiffs are successful on appeal, the case would go back to Brown for a trial. Regardless of the results of a trial, both sides would likely keep appealing until the Missouri Supreme Court issued a final decision.

Kinder said he and the other plaintiffs are in for the long haul, regardless of the time or expense involved. He said he spent an entire day in St. Louis last week soliciting private donations to pay for ongoing attorneys' fees in the case.

mpowers@semissourian.com

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