RONALD GLADNEY'S LETTER TO HOLDEN'S CHIEF OF STAFF

The text of the Dec. 18 letter sent by labor attorney Ronald C. Gladney to Julie Gibson, whom Bob Holden had named to be his chief of staff upon his Jan. 8 inauguration as Missouri governor:

Dear Julie:

Attached herewith is a proposed Executive Order for execution by the Governor and attestation by the then Secretary of State, Matt Blunt. In this regard, obviously the attestation signature line needs to be changed. The principal points of this Executive Order are as follows:

1. The "Whereas" clauses incorporate Governor Carnahan's earlier Memoranda of April 7, 1998 and June 19, 2000, and commit the Administration to the establishment of "a good faith negotiation framework".

2. The first paragraph commits State Departments and Agencies to act "in good faith" when they meet and confer with each other.

3. If after sixty (60) days of meet and confer sessions, the Union and State Department/ Agency are unable to conclude negotiations toward a Memorandum of Understanding, then a Federal Mediator may be contacted to attempt to assist the parties in resolving outstanding issues to arbitration by an outside arbitrator supplied by Federal Mediation and Conciliation Service. The Arbitrator's decision shall be only a recommendation for consideration by the parties and shall not be binding unless agreed to by the parties. In this regard, many public entities in this State as the Metropolitan Kansas City Transit Authority and the Bi-State Development Agency use Federal Mediation Arbitrators to resolve disputes.

4. The third paragraph of the Executive Order deals with those evidentiary issues which an Arbitrator may consider in resolving the disputes at issue.

5. The fourth paragraph states that all Memoranda of Agreement between State Departments and Certified Bargaining Representatives shall contain a grievance procedure with arbitration as a final resolution under that procedure. It notes that no arbitration award shall require any additional appropriation of funds and the award shall be limited to an interpretation of the terms of the Memoranda of Agreement.

6. The fifth paragraph states that any negotiated agreement shall become effective immediately, except for those portions which require additional legislative action. With respect to such portions, the Agreement shall not take effect until those legislative actions have been taken.

7. The sixth paragraph of the Executive Order states that failure of the General Assembly to prove any portion of a Memorandum of Agreement previously agreed to, but which portion requires General Assembly approval shall not constitute a bad faith negotiation.

8. The seventh paragraph is a severability provision.

At this point, only you, Hugh McVey and the undersigned are aware of this proposal. It generally is based on proposals contained in earlier thought on this issue in previous legislative sessions. The non-binding nature of any agreement requiring legislative action protects the Governor from accusations of excess or abuse of power. Please let us know your thoughts on this matter. Our clients are willing to wait for adoption of this Executive Order until after the General Assembly ends in June, in spite of earlier commitments than [that] an Order would be signed in January.

Thanks again for your continued help. Let us know your thoughts as soon as possible.

Very truly yours,

RONALD C. GLADNEY