290.262. Determination of hourly rate by location and occupation title, when made, where filed--objections, hearings--final determination--notice to department by public body, when.

MISSOURI STATUTES AND CODES

290.262. Determination of hourly rate by location and occupation title, when made, where filed--objections, hearings--final determination--notice to department by public body, when.

Determination of hourly rate by location and occupation title, whenmade, where filed--objections, hearings--final determination--noticeto department by public body, when.

290.262. 1. Except as otherwise provided in section290.260, the department shall annually investigate and determinethe prevailing hourly rate of wages in each locality for eachseparate occupational title. A final determination applicable toevery locality to be contained in an annual wage order shall bemade annually on or before July first of each year and shallremain in effect until superseded by a new annual wage order oras otherwise provided in this section. In determining prevailingrates, the department shall ascertain and consider the applicablewage rates established by collective bargaining agreements, ifany, and the rates that are paid generally within the locality,and shall, by March tenth of each year, make an initialdetermination for each occupational title within the locality.

2. A certified copy of the initial determinations so madeshall be filed immediately with the secretary of state and withthe department in Jefferson City. Copies shall be supplied bythe department to all persons requesting them within ten daysafter the filing.

3. At any time within thirty days after the certifiedcopies of the determinations have been filed with the secretaryof state and the department, any person who is affected therebymay object in writing to a determination or a part thereof thathe deems objectionable by filing a written notice with thedepartment, stating the specific grounds of the objection. If noobjection is filed, the determination is final after thirty days.

4. After the receipt of the objection, the department shallset a date for a hearing on the objection. The date for thehearing shall be within sixty days of the receipt of theobjection. Written notice of the time and place of the hearingshall be given to the objectors at least ten days prior to thedate 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 shall 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 for each occupational title is subject toreview in accordance with the provisions of chapter 536, RSMo.Any person affected, whether or not the person participated inthe proceedings resulting in the final determination, may havethe decision of the department reviewed. The filing of the finaldetermination with the secretary of state shall be considered aservice of the final determination on persons not participatingin the administrative proceedings resulting in the finaldetermination.

8. At any time before trial any person affected by thefinal determination of the department may intervene in theproceedings to review under chapter 536, RSMo, and be made aparty to the proceedings.

9. Any annual wage order made for a particular occupationaltitle in a locality may be altered once each year, as provided inthis subsection. The prevailing wage for each such occupationaltitle may be adjusted on the anniversary date of any collectivebargaining agreement which covers all persons in that particularoccupational title in the locality in accordance with any annualincremental wage increases set in the collective bargainingagreement. If the prevailing wage for an occupational title isadjusted pursuant to this subsection, the employee'srepresentative or employer in regard to such collectivebargaining agreement shall notify the department of thisadjustment, including the effective date of the adjustment. Theadjusted prevailing wage shall be in effect until the next finalannual wage order is issued pursuant to this section. The wagerates for any particular job, contracted and commenced withinsixty days of the contract date, which were set as a result ofthe annual or revised wage order, shall remain in effect for theduration of that particular job.

10. In addition to all other reporting requirements ofsections 290.210 to 290.340, each public body which is awarding acontract for a public works project shall, prior to beginning ofany work on such public works project, notify the department, ona form prescribed by the department, of the scope of the work tobe done, the various types of craftsmen who will be needed on theproject, and the date work will commence on the project.