208.710. Supplemental wage assistance employment position created--violations, procedure. - Missouri Statutes

Supplemental wage assistance employment position created--violations,procedure.

208.710. 1. A supplemental wage assistance employment position shallbe a new position within that place of employment.

2. Any individual or employee who believes that he or she has beenadversely affected by a violation of subsection 1 of this section or anorganization that is authorized to represent such individual or employeeshall be afforded an opportunity to grieve it. Such individual oremployee, or such individual's or employee's organization, shall firstattempt to remedy the alleged violation through a meeting with the employerwithin thirty days of the request for a meeting. If the complaint is notresolved to the satisfaction of the individual or employee, such individualor employee may appeal to the department of labor and industrial relationscommission, and the hearing shall be conducted in accordance with rules andnotification requirements adopted by the commission and a decision shall berendered within forty-five days of such hearing. If the individual oremployee is aggrieved by the decision of the commission, the individual oremployee may, within thirty days of the date of such decision, file apetition for review in the circuit court for the county in which theindividual or employee resides. The commission shall not be a party in theaction before the circuit court. However, if there is an existinggrievance procedure in a collective bargaining agreement, such procedureshall be followed. Remedies shall include reinstatement, and retroactivepay and benefits.

3. Nothing in this section shall preempt or supersede any provisionof state law which provides greater protection for employees from jobdisplacement.

(L. 1999 S.B. 387, et al. § 6)