Judge rules for unions in collective bargaining case

JEFFERSON CITY, Mo. -- A judge gave state employee unions a boost Thursday in their fight for collective bargaining rights, ruling in their favor in a court case seeking to force collection of dues from nonunion members. What effect the ruling ultimately will have with a Republican governor taking over in January is unclear. A group of Missouri residents who are leaders in the American Federation of State, County and Municipal Employees sued Secretary of State Matt Blunt, who was elected governor Tuesday, in August. They sought to force him to publish a rule that would allow the union to collect so-called "fair share" fees from state employees that didn't join the union but are part of collective bargaining units.

The rule does not take effect until published.

The fees are intended to help cover the costs of negotiations, because all state employees in a bargaining unit -- whether part of the union or not -- are covered under negotiated contracts.

Kevin Heyen, a spokesman for the union, said he was pleased with the ruling, adding: "We knew the law was on our side."

He said he anticipated the rule would be published as soon as possible.

Democratic Gov. Bob Holden granted collective bargaining rights to thousands of state employees in 2001 and gave unions the right to collect the fees from non-union employees.

Blunt reiterated Thursday that he intends to repeal Holden's executive order.

"It will be one of the first acts I take as governor," said Blunt, who is to be sworn in Jan. 10.

Blunt contends the rule allowing for the fee collection is illegal because state law prevents withholding any part of an employee's paycheck without the employee's permission.

The union claimed in court that Blunt has no discretion on the rule's validity but is merely required to publish the rule as an administrative duty.

"This is really a question of administrative law and the secretary of state's duty to publish regulations," union attorney Chuck Hatfield said. "It's a judicial function to determine whether that rule is authorized by statute."

No such dues have been collected while the matter is tied up in court, and if the state appeals Cole County Circuit Judge Thomas Brown's decision, the matter could remain on hold until Blunt takes office.

The attorney general's office had not decided Thursday whether to appeal.