290.260. Determination of hourly rate for highways and transportation commission, when made, where filed, objections, hearing, determination. - Missouri Statutes

Determination of hourly rate for highways and transportationcommission, when made, where filed, objections, hearing,determination.

290.260. 1. The department, as it deems necessary, shallfrom time to time investigate and determine the prevailing hourlyrate of wages in the localities. A determination applicable toevery locality to be contained in a general wage order shall bemade annually on or before July first of each year for theMissouri state highways and transportation commission and shallremain in effect until superseded by a new general wage order.In determining prevailing rates, the department shall ascertainand consider the applicable wage rates established by collectivebargaining agreements, if any, and the rates that are paidgenerally within the locality.

2. A certified copy of the determination so made shall befiled immediately with the secretary of state and with thedepartment in Jefferson City. Copies shall be supplied by thedepartment to all persons requesting them within ten days afterthe filing.

3. At any time within thirty days after the certified copiesof the determinations have been filed with the secretary of stateand the department, any person who is affected thereby may objectin writing to the determination or the part thereof that he deemsobjectionable by filing a written notice with the department,stating the specific grounds of the objection.

4. Within thirty days of the receipt of the objection, thedepartment shall set a date for a hearing on the objection. Thedate for the hearing shall be within sixty days of the receipt ofthe objection. Written notice of the time and place of thehearing shall be given to the objectors at least ten days priorto the date set for the hearing.

5. The department at its discretion may hear each writtenobjection separately or consolidate for hearing any two or morewritten objections. At the hearing the department shall firstintroduce in evidence the investigation it instituted and theother facts which were considered at the time of the originaldetermination which formed the basis for its determination. Thedepartment, or the objector, or any interested party, thereaftermay introduce any evidence that is material to the issues.

6. Within twenty days of the conclusion of the hearing, thedepartment must rule on the written objection and make the finaldetermination that it believes the evidence warrants.Immediately, the department shall file a certified copy of itsfinal determination with the secretary of state and with thedepartment and shall serve a copy of the final determination onall parties to the proceedings by personal service or byregistered mail.

7. This final decision of the department of the prevailingwages in the locality is subject to review in accordance with theprovisions of chapter 536, RSMo. Any person affected, whether ornot the person participated in the proceedings resulting in thefinal determination, may have the decision of the departmentreviewed. The filing of the final determination with thesecretary of state shall be considered a service of the finaldetermination on persons not participating in the administrativeproceedings resulting in the final determination.

8. At any time before trial any person affected by the finaldetermination of the department may intervene in the proceedingsto review under chapter 536, RSMo, and be made a party to theproceedings.

9. All proceedings in any court affecting a determination ofthe department under the provisions of sections 290.210 to290.340 shall have priority in hearing and determination over allother civil proceedings pending in the court, except electioncontests.

(L. 1957 p. 574 § 8, A.L. 1965 p. 95, A.L. 1969 S.B. 142)

(1962) The function of the court in reviewing decision of industrial commission fixing hourly wage rate is to decide if the determination was authorized by law and supported by competent and substantial evidence upon the whole record. United Bro. of Carpenters, etc. v. Industrial Commission (A.), 363 S.W.2d 82.