State to appeal ruling in union bargaining case

JEFFERSON CITY, Mo. -- The state said Tuesday it plans to appeal a judge's ruling ordering the secretary of state to take a procedural step required before unions can collect fees from some nonunion state workers.

Unions and Democratic Gov. Bob Holden have been fighting with Secretary of State Matt Blunt and other Republicans over collective bargaining for a few years.

Some union members sued to force Blunt, in his capacity as secretary of state, to publish a rule creating the process to collect the dues. They claim Blunt has no discretion on the rule's validity but is merely required to publish it as an administrative duty. The secretary of state must publish the rule before it can take effect.

Last week, Cole County Circuit Judge Thomas Brown sided with the American Federation of State, County and Municipal Employees members. He ordered Blunt to publish the rule in the Missouri Register by Dec. 15, and in the Code of State Regulations, the final step for it to take effect, by Dec. 30.

Blunt, who was elected governor and takes office Jan. 10, has said repealing Holden's order allowing collective bargaining would be among his first acts.

The state plans to appeal the judge's ruling, attorney general spokesman Scott Holste said Tuesday, and will ask that the judge's order be put on hold while it is appealed.

In June 2001, Holden signed an executive order granting collective bargaining rights to thousands of state workers. He also gave unions the ability to collect dues, also called "fair-share" fees, from workers that are part of collective bargaining units but elect not to join the union. The dues are meant to cover negotiating costs.

Blunt and others claim collecting such dues is illegal, pointing to a state law that says nothing can be withheld from employees' paychecks without their permission.