Kinder moves for trial date on bargaining

JEFFERSON CITY, Mo. -- In an attempt to revive his lawsuit seeking to overturn collective bargaining for state workers, Senate President Pro Tem Peter Kinder and his fellow plaintiffs are asking a judge to reverse an earlier ruling dismissing the case.

The plaintiffs charge that Gov. Bob Holden exceeded his constitutional authority by signing a June executive order extending collective bargaining rights to an estimated 30,000 state employees in departments under his direct control.

On Dec. 17, Cole County Circuit Court Judge Thomas J. Brown III dismissed Kinder's lawsuit with prejudice. Brown ruled the governor acted within his discretion in signing the order and that plaintiffs' claims were not ripe for judicial review because the dire consequences of the order they predicted have not and may never come to pass.

In documents filed with the court Tuesday, Kinder asks Brown to reconsider his decision and allow the case to go to trial. Brown hasn't set a hearing date to review Kinder's request.

Kinder, R-Cape Girardeau, said the court filing is largely a formality as he expects Brown to stand by his earlier decision, paving the way for an appeal to the Missouri Court of Appeals Western District in Kansas City. Kinder said he will pursue the case all the way to the state Supreme Court, if necessary.

"We hope it isn't necessary," Kinder said.

Kinder is leading a broad coalition of pro-business organizations, other special interests and state employees opposed to collective bargaining in challenging Holden's order.

In the latest motion before Brown, the plaintiffs assert that the General Assembly has sole constitutional authority over public employment matters, not the governor. Lawmakers have repeatedly rejected collective bargaining for public workers during the last 30 years.

In addition to asking Brown to reinstate the case, the plaintiffs also ask that the Holden administration be enjoined from implementing the executive order until the case is resolved.

The case is Sen. Peter Kinder, et al, v. Robert Holden.

mpowers@semissourian.com

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