Lawsuit challenges Holden's collective bargaining order

Associated Press WriterJEFFERSON CITY, Mo., (AP) -- Lawmakers, business groups and state workers planned to file a lawsuit Monday challenging the constitutionality of Gov. Bob Holden's executive order authorizing collective bargaining for thousands of state employees.

The lawsuit, a copy of which was obtained by The Associated Press, said the order was imposed without legislative approval and that it deprives state workers of both constitutional and civil rights. It seeks to repeal the order and prohibit its enforcement.

The order "improperly, illegally, and unconstitutionally impinges on areas of public concern which are properly within the sole, exclusive authority, power and jurisdiction of the Legislature, and which are outside the authority and purview of the Executive Branch, and does so in a manner that involves the expenditure of tax revenues," the lawsuit said.

Holden spokesman Jerry Nachtigal said the governor had not seen the lawsuit and declined to comment.

The June 29 order grants collective bargaining rights, including the use of binding arbitration, to about 30,000 of the state's 65,000 state workers.

In agencies where employees choose collective bargaining, the order also allows "fair share" fees to be charged to employees -- even those who aren't members of unions -- to help pay the negotiators.

Senate President Pro Tem Peter Kinder, R-Cape Girardeau, the lead plaintiff in the case, said the lawsuit is designed both to prevent an abuse of power and protect state workers.

"The governor's order and the evasiveness of the governor and his staff regarding the order and its implementation raise serious questions that ultimately must be answered by courts of law," Kinder said. "Today, we have filed a lawsuit to block the governor's unconstitutional actions and to secure answers to which the public and public servants are entitled."

Joining Kinder in the lawsuit is Rep. Charles Quincy Troupe, D-St. Louis, several business groups including the Missouri Chamber of Commerce and Associated Industries of Missouri, and six state employees from various agencies.

The order has been widely praised by unions and some Democrats and criticized by business groups and Republicans, who for years have blocked legislative efforts to grant collective bargaining power to public employees.

The timing of the order was criticized by Republicans and business groups after a Dec. 18 letter surfaced showing that Holden's staff had met with labor officials about the contents of the then-proposed executive order.

The letter was dated 21 days before Holden's inauguration on Jan. 8 and more than six months before the Democrat signed the order.

Two weeks after Holden issued the collective bargaining order, unions donated $40,000 to pay lingering debts from Holden's $1 million inaugural celebration.

Holden's office has said the discussions with labor officials was not out of the ordinary and denied suggestions that the contributions came because the governor signed the order.

The document was one of hundreds turned over by Holden after an open records request by Kinder. A special Senate committee also has been holding hearings on the executive order. Democrats have boycotted the meetings because they consider them a political witch hunt.