JEFFERSON CITY, Mo. -- If the Missouri Supreme Court decides that public school teachers have collective bargaining power, it could sweep away a separate lawsuit challenging an executive order granting such rights to many state employees.

In June 2001, Gov. Bob Holden, a Democrat, signed Executive Order 01-09, which extended the authority to bargain collectively to workers in state departments under his direct control.

Seeking to invalidate the order, Senate President Pro Tem Peter Kinder, R-Cape Girardeau, led a coalition of business groups and state workers opposed to collective bargaining in suing Holden. Kinder and his fellow plaintiffs claim the governor unconstitutionally usurped legislative authority.

Cole County Circuit Court Judge Thomas J. Brown III dismissed the lawsuit in December, ruling that Holden acted within his power to set executive branch policy. In August, a panel of the Missouri Court of Appeals Western District in Kansas City heard oral arguments in Kinder's appeal.

Though the court typically hands down opinions within 90 days of arguments, some court observers predict the western district court will hold off on issuing a ruling until the Supreme Court decides another case it is scheduled to hear on Nov. 6.

The plaintiffs in that case, Thruston, et al, v. Jefferson City School District, assert that public school teachers, despite previous high court rulings to the contrary, already have the right to collectively bargain under the Missouri Constitution.

Moot claim?

Though the two cases involve different issues, a decision for Thruston could render Kinder's claim moot.

If the court agrees that the constitution already affords public workers collective bargaining authority, Holden's executive order could be deemed irrelevant, taking with it Kinder's separation of powers argument.

Kinder said he wasn't certain of the possible ramifications a finding for Thruston would have on his case but did say it could have "an enormous impact on the state."

However, Michael Grote, general counsel for the Missouri Chamber of Commerce, said the outcome is clear.

"If the Supreme Court rules in favor of Thruston, Kinder v. Holden is gone," Grote said.

The state chamber is a co-plaintiff in Kinder's case.

Interestingly, the labor attorney who helped draft Holden's controversial order, Ronald C. Gladney of St. Louis, is representing the plaintiffs in the Thruston case. Gladney is married to U.S. Rep. Jo Ann Emerson, R-Cape Girardeau.

mpowers@semissourian.com

(573) 635-4608