MDN.ORG:
Missouri Digital News
MDN.ORG
Mo. Digital News
Missouri Digital News
MDN.ORG:
Mo. Digital News
MDN.ORG:
Missouri Digital News
MDN.ORG:
Missouri Digital News
MDN.ORG
Mo. Digital News
Missouri Digital News
MDN.ORG:
Mo. Digital News
MDN.ORG:
Missouri Digital News
JEFFERSON CITY -After three years and a court order, Secretary of State Matt Blunt will publish a rule requiring new state employees to pay union fees Wednesday, Dec. 15.
The rule will go into effect Jan. 30, by which time Blunt, who will be inaugurated as governor Jan. 10, can rescind the order. Blunt has said he will do so on his first official day in office.
Blunt had argued that the rule, which came from an executive by Governor Bob Holden in June 2001, was unconstitutional.
"You can't by law force people to join organizations against their will, which this executive order forces people to do," said Blunt spokesman Spence Jackson.
Jackson said Blunt is only publishing the rule because of a court order and still does not agree with the constitutionality of the order.
In August, a Cole County Circuit Court judge ordered Blunt to publish the rule by Dec. 15.
Unlike union dues, what organized labor calls "fair-share" fees cover the costs union leaders say are used for collective bargaining. Union officials say all workers should pay them, because all workers benefit from the bargaining.
Opponents of the fees argue they force levies on all workers regardless of whether they wish to participate in the union.
Union leaders of the American Federation of State, County and Municipal Employees filed a lawsuit against Blunt for not publishing the law this past August.
An executive order does not go into effect until it is published by the secretary of state in the Missouri Register. An AFSCME representative said the secretary of state is required to publish all rules proposed by the governor and does not have the right to exercise judicial review over them.
The state constitution "mandates that this division of the Office of Secretary of State publish the Missouri Register, which contains the text of all new proposed rules, amendments and rescissions.
AFSCME wanted to get the rule in effect before Blunt took office. This would have allowed organized labor to receice union fees of new employees for at least one year, according to spokesman Kevin Heyen.
"Contracts are signed and expire at a certain date and they are not revoked just because there is a new governor," Heyen said. "This is just like any other contract the state signs."
Heyen said this will not be the end of the fight for collective bargaining.
"We are prepared to explore legal opportunities once (Blunt rescinds the order)," Heyen said.