JEFFERSON CITY, Mo. — Some measures signed into law in 2018 are still in abeyance as ongoing litigation plays out in Missouri’s court system.
Two laws passed last year by the General Assembly and signed by then-Gov. Eric Greitens have been halted from going into effect pending the outcome of legal challenges. Both are set to be argued in trials at the end of 2019 and beginning of next year.
In the meantime, a St. Louis County judge has granted a preliminary injunction halting HB 1413 from taking effect and a Cole County judge has preliminarily enjoined the state from implementing SB 1007.
Both bills were part of a slew of legislation deemed anti-labor by unions that passed during the 2018 regular session.
Merit system overhaul
On December 9, Cole County Judge Jon Beetem will hold a bench trial on a legal challenge to significant changes made in 2018 to Missouri’s Merit System for state employees.
Three unions filed the lawsuit in October 2018 alleging SB 1007 violates provisions of the Missouri Constitution.
In 1946, the General Assembly passed the “State Merit System Law,” which created the Personnel Advisory Board and the state’s Division of Personnel. The law has been updated over the years in attempt to improve management practices and streamline personnel systems.
According to the Office of Administration’s webpage, the system was designed to protect employees from arbitrary actions, personal favoritism, and political coercion
The overhaul of the merit system brings the majority of state employees into the “at will” category. “At will” employees may be selected at the discretion of the appointing authority, serve at the pleasure of the appointing authority, and may be discharged – as the statute says – for no reason or any reason not prohibited by law. The merit reform law does not change whistleblower, sexual harassment, or discrimination protections for employees.
Beetem issued an order in March preliminarily enjoining the state from interpreting and applying SB 1007 in a manner that “infringes on or is inconsistent with the right to collectively bargain.”
‘Paycheck protection’ legislation
At the turn of the new year, lawyers will argue the constitutionality of a 2018 measure dubbed as “paycheck protection” by the Republican-held Missouri General Assembly.
Last year, several labor organizations challenged the constitutionality of a sweeping public-sector union overhaul bill. The case is scheduled to go to trial on January 6, 2020, at 9 a.m. in St. Louis County.
In August 2018, seven public sector unions filed suit alleging that HB 1413 would place undue constraints on an employee’s right to collective bargaining and speech. Missouri is one of only four states that expressly protects the right of collective bargaining in its state constitution.
Under HB 1413, any union-related deductions would require written annual authorization from the members for the purpose of being used for political purposes. The bill would exempt some public-sector unions, such as police officers, firefighters, and emergency medical personnel.
St. Louis County Circuit Judge Joseph L. Walsh III suspended implementation of HB 1413 in March 2019. This means state, local, municipal jurisdictions, school districts, and other agencies that are responsible for implementing HB 1413 will be legally prohibited from doing so for as long as the law remains suspended by the preliminary injunction.
Alisha Shurr was a reporter for The Missouri Times and The Missouri Times Magazine. She joined The Missouri Times in January 2018 after working as a copy editor for her hometown newspaper in Southern Oregon. Alisha is a graduate of Kansas State University.
