Kinder v. Holden
Missouri Court of Appeals
92 S.W.3d 793 (2002)
- Written by Tammy Boggs, JD
Facts
The governor of Missouri, Robert Holden (defendant) issued an executive order (order 01-09) that established a mechanism for state agencies to engage in collective bargaining with the employees of those agencies. Aside from being the constitutional head of the executive branch, the governor had no specific constitutional or statutory authority to issue an order about labor negotiations between executive departments and department employees. Order 01-09 provided for a meet-and-confer process, mediation, and arbitration on disputes concerning wages, hours, and working conditions. According to the order, no arbitration award could require a legislative appropriation of funds, or if any agreement required legislative approval or appropriations, the agreement was of no legal effect until the approval or appropriations were obtained. A group of Missouri state legislators, organizations, and state employees (the legislators) (plaintiffs) sued Holden, seeking a judicial declaration that order 01-09 was invalid or not legally enforceable. The trial court granted Holden’s motion to dismiss. The legislators appealed.
Rule of Law
Issue
Holding and Reasoning (Lowenstein, J.)
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