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NewsSeptember 6, 2001

Associated Press WriterJEFFERSON CITY, Mo. (AP) -- With Democrats conspicuously absent, Republican senators opened hearings Thursday on the legality of Gov. Bob Holden's order allowing collective bargaining for thousands of state employees...

David A. Lieb

Associated Press WriterJEFFERSON CITY, Mo. (AP) -- With Democrats conspicuously absent, Republican senators opened hearings Thursday on the legality of Gov. Bob Holden's order allowing collective bargaining for thousands of state employees.

The conclusion of the committee's first witness, Springfield lawyer Donald Jones, was that Holden overstepped his powers and usurped those of the legislative branch.

Staff for the Democratic governor, although boycotting the hearings, defended Holden's order and criticized the committee.

"It's been termed a witch hunt and I think we agree with that. It's a political exercise," said Holden spokesman Jerry Nachtigal.

Holden's order, issued June 29, gives collective bargaining rights to about 30,000 of the state's 65,000 employees -- those who work in agencies that directly report to the governor.

Although state workers previously could join unions, the order authorizes binding arbitration to settle some disputes and could allow negotiating fees to be charged even to employees who do not join unions.

Strikes would remain illegal and any negotiated salary increases and statute changes still would require legislative approval.

Republicans claim only the Legislature should be allowed to grant collective bargaining powers to state employees, and they say workers cannot legally be charged fees without their permission.

"The governor acted within his constitutional powers to issue that executive order," Nachtigal said. "Governor Holden is confident it will withstand any legal challenge."

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With several empty chairs between them, the four Republican members of the Senate Interim Committee on Public Employee Collective Bargaining opened the hearings with a round of criticism for the absent Democratic lawmakers and the governor's office.

"This committee is getting stonewalled. I think this is absolutely an outrage," said Sen. John Loudon, R-Ballwin, who accused Holden of using his office like a "monarchy."

Holden's chief of staff, Julie Gibson, who had been invited to testify, instead issued a statement calling the request "both inappropriate and unprecedented."

Panel chairman, Sen. John Russell, R-Lebanon, accused Gibson of playing political games by canceling her appearance.

Republican Senate President Pro Tem Peter Kinder, who appointed the committee, also sat in for its first meeting.

Earlier during Senate floor debate, Kinder and Sen. Ken Jacob, D-Columbia, clashed over the purpose of the committee.

"I think you are on a partisan witch hunt," Jacob told Kinder. "You don't like the facts and you don't like what happened."

"It is not a partisan witch hunt," Kinder replied, adding that the committee would prove Holden's order was unconstitutional.

Democrats' absence at the hearings underscored their lack of interest in the issue. Sen. Ed Quick, D-Kansas City and one of the three Democrats who refused to attend the committee, suggested that the timing was bad.

The hearings began on the second day of a special session during which lawmakers are considering a prescription drug plan, tax relief and changes to a livestock pricing law.

"Let's deal with the priorities that are immediate," Quick said. "Let's deal with this issue after the special session."

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