Union fees frozen as veto retort considered

JEFFERSON CITY, Mo. -- A proposed administrative rule that would allow labor unions to extract fees from new state employees who choose not to join such organizations remains in limbo while the House of Representatives ponders its next move.

On Feb. 5, the Republican-led Missouri Legislature passed a resolution to nullify the rule proposed by the Missouri Office of Administration. Gov. Bob Holden, a Democrat, vetoed the resolution three weeks later.

House Majority Floor Leader Jason Crowell, R-Cape Girardeau, said chamber Republicans are still weighing their options, which include pursuing an override or letting the matter drop.

"I think its safe to assume the legislature will attempt to override Governor Holden's veto," Crowell said. "It's just a matter of the time frame."

Because the resolution originated in the House, that chamber must vote to override before the Senate can consider following suit.

If an override effort fails or the legislature doesn't act before adjourning for the year on May 14, the ball would be kicked to Secretary of State Matt Blunt, who is charged with publishing new regulations in the Missouri Register.

Blunt, a Republican, has said he won't do so because there is no legal authorization for the rule in question. Spence Jackson, Blunt's spokesman, said state law gives the secretary of state discretion on whether to codify proposed regulations.

"The statutes say very clearly that the secretary of state cannot publish rules that violate state law," Jackson said. "That's what the rule proposed by the Office of Administration does."

Office of Administration spokeswoman Ann Hamlin said the state will not begin collecting fees from the affected employees unless the rule is published.

Under the executive order Holden signed in June 2001 that granted collective bargaining rights to many state workers, unions are authorized to negotiate for service fees.

The issue remained dormant until last summer when the Service Employees International Union and the American Federation of State, County and Municipal Workers negotiated contracts for health-care workers at the mental health and corrections departments plus the Missouri Veterans Commission that allowed collection of service fees from nonmembers.

The fees allow unions to recoup the costs of their obligation to represent all members of a collective bargaining unit, even those who opt against joining the union.

However, a state law bars the Office of Administration from deducting union fees from employee paychecks without their permission. The proposed rule seeks to bypass that law by requiring new hires to grant such permission as a condition of employment.

Even if an override attempt moves forward, it is unlikely to succeed. The House initially passed the resolution 86-69, well short of the 109 votes needed to bypass the governor. The Senate likewise failed to muster a 23-vote veto-proof majority in passing the measure 20-13.

The resolution is HR 5.

mpowers@semissourian.com

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