Today Governor Jay Nixon (D) vetoed SB 29, an anti-labor bill passed by the General Assembly:
June 25, 2013 [pdf]
TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI
Herewith I return to you Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 entitled:
AN ACT
To amend chapter 105, RSMo, by adding thereto one new section relating to labor organizations.
I disapprove of Senate Substitute for Senate Committee Substitute for Senate Bill No. 29. My reasons for disapproval are as follows:
Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 would prohibit public employers from deducting union dues or fees unless an employee provides – on an annual basis – a written authorization for the deduction of a specific amount on a form prescribed by the bill. The legislation also would require public employees to complete separate written authorization – again on an annual basis – if they want to allow the dues they pay to be used for political purposes. The bill targets a single group of employees and imposes on them unnecessary and cumbersome process.
There are a number of items that employees may elect to have withheld from their paychecks, including money for college savings accounts, deferred compensation, and 401(K) plans. And, under current law, state employees may elect to have their union dues withheld. section 33.103 RSMo. In each of these instances, the withholdings are based on on one-time authorizations that the employee clearly has the authority to revoke at any time. Employees are not required to take additional steps to cause such withholdings to continue in subsequent years. But under this bill, public employees who are members of unions would be required to complete two separate written authorizations each year. Singling out union dues for these extra processes serves no beneficial purpose. rather, the bill places unnecessary burdens on public employees for the purpose of weakening labor organizations. I therefore disapprove of Senate Substitute for Senate Committee Substitute for Senate Bill No. 29.
Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 also exempts first responders from its requirements regarding authorization for deduction and use of union dues. It has been held that such an exemption provides disparate treatment to similarly situated people without a compelling government interest, in violation of the Equal protection Clause of the United States Constitution. (See Bailey v. Callaghan, 873 F.Supp.2d 879, 885-8869E.D. Mich.. 2012)).
In accordance with the above stated reasons for disapproval, I am returning Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 without my approval.
Respectfully submitted,
s/
Jeremiah W. (Jay) Nixon
Governor
Previously:
KC-Area Faith Leaders on SB29, Paycheck Deception (May 15, 2013)