Missouri Governor Matt “baby” Blunt, well ensconced in his lame duck status, continues to demonstrate his lack of understanding of the actual contents of the Missouri Constitution:
Missouri Constitution
Article I
BILL OF RIGHTS
Section 29Organized labor and collective bargaining.
Section 29. That employees shall have the right to organize and to bargain collectively through representatives of their own choosing.
[emphasis added]
The Missouri Supreme Court reversed the product of decades of anti-labor jurisprudence in 2007:
…Section 29 is part of Missouri’s current Constitution, which was the product of a constitutional convention in 1943 and 1944 and was adopted by the voters in 1945. While the debates of the convention are interesting, they neither add to nor subtract from the plain meaning of the constitution’s words. Missouri’s voters did not vote on the words used in the deliberations of the constitutional convention. The voters voted on the words in the Constitution, which says “employees shall have the right to organize and to bargain collectively….”
“Employees” plainly means employees. There is no adjective; there are no words that limit “employees” to private sector employees. The meaning of section 29 is clear and there is, accordingly, no authority for this Court to read into the Constitution words that are not there….
…V. Conclusion
Article I, section 29’s guarantee that employees have “the right to bargain collectively” is clear and means what it says. Agreements that the school district made with employee groups are to be afforded the same legal respect as contracts made between the district and individuals, although public employees – unlike their private-sector counterparts – are not permitted to strike. As long as the duration and terms of such agreements comply with the limits provided by law for school districts to bind themselves, and are consistent with other statutes such as the teacher tenure act, the agreements are enforceable as any other contractual obligations undertaken by the district….
[emphasis added]
Uh, that means that the Missouri Constitution applies to public employees.
You’d think that the governor of the state would do his utmost to ensure that every citizen’s constitutional rights see the light of day. Think again:
The Executive Order denoted 05-16 is hereby rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 10th day of September, 2007.
ATTEST:
[Matt Blunt’s signature]
Matt Blunt
GOVERNORATTEST:
[Robin Carnahan’s signature]
Robin Carnahan
Secretary of State
Why, that’s innocuous enough. Hmmm. Until one reads this.
WHEREAS, the Department of Labor and Industrial Relations, created by Section 286.010, RSMo, administers laws and programs relating to labor and employment; and
WHEREAS, the Labor and Industrial Relations Commission of Missouri, created by Article IV, Section 49 of the Missouri Constitution and Section 286.010, RSMo, hears appeals from all final decisions and awards in workers’ compensation, unemployment compensation, and victims of crime compensation cases at the highest administrative level, holds hearings and renders written decisions in prevailing wage disputes, and is composed of one public member, one employer representative and one employee representative; and
WHEREAS, the State Board of Mediation was created by Section 295.030, RSMo, and transferred to the Department of Labor and Industrial Relations by type II transfer under the Omnibus State Reorganization Act of 1974 and is composed of one public member who serves as chairman, two employer representatives and two employee representatives; and
WHEREAS, the primary duty of the State Board of Mediation is to determine the appropriate bargaining unit and conduct elections for public employees; and
WHEREAS, the consolidation of the State Board of Mediation’s functions into the Labor and Industrial Relations Commission will benefit the citizens of the State of Missouri by promoting efficiency and reducing costs without losing the representation of the public, employer and employee positions; and
WHEREAS, the Governor, in consultation with the Director of the Department of Labor and Industrial Relations, has determined that the best way to accomplish this consolidation is to transfer the responsibilities, assets, functions and staff of the State Board of Mediation to the Labor and Industrial Relations Commission of Missouri with the Chairman of the Labor and Industrial Relation Commission assuming the duties of the Chairman of the State Board of Mediation.
NOW THEREFORE, I, Matt Blunt, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, including Article IV, Section 12, Missouri Constitution, Chapter 26, RSMo, and the Omnibus State Reorganization Act of 1974, hereby transfer all the powers, duties and functions of the State Board of Mediation to the Labor and Industrial Relations Commission of Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 1st day of July, 2005.[Matt Blunt’s signature]
Matt Blunt
GOVERNORATTEST:
[Robin Carnahan’s signature]
Robin Carnahan
Secretary of State
Rescind duties? Why, who would do those rescinded duties?
Well, you see, the State Board of Mediation got its powers back – this is the board that is supposed to oversee the process of public employee collective bargaining agreements. Except the board has no members. Our lame duck governor hasn’t acted to appoint them. How convenient.
Word is that “there are at least ten petitions filed at the Labor and Industrial Relations Commission awaiting action….Hundreds of public employees who have organized, signed petitions and requested that the Blunt administration follow the law and hold an election to allow them to choose a collective bargaining representative.”
Without that State Board of Mediation it ain’t gonna happen anytime soon. How convenient.