|Dwayne Hart - President|
|R.D. Bell - Executive Board|
|Shawn Harper - Executive Board|
Missouri Court of Appeals Rules on Overtime/Flex Time Issue
By Cynthia Gross Tue, August 27, 2013
The Missouri Corrections Officers Association was notified August 27 2013 by their attorneys the State Court of appeals ruled in the Associations favor regarding the pending suit over forcing employees to work overtime then forcing them off before the end of the week to avoid accrual of overtime.
The court said in their reply the Department had violated the terms of the agreement by forcing such actions on employees. They further stated in 2009 the department had created conflicting policy regarding the twelve hour notice rule when the agreement stated they were required to give fourteen days written notice before mandating compensatory time be taken by an employee.
The court document ended stating Quote (We close by emphasizing the limited nature of our holdings. We hold only thatí after a corrections officer works hours in excess of his or her assigned daily shift, the Department may not use later scheduling changes to alter the status of the earlier beyond shift hours as state compensatory time. We do not address the scope of the Departmentís authority to modify corrections officers schedules (except to the extent such schedule changes purport to affect the accrual of state compensatory time for hours previously worked.) nor did we address whether DOC has the power to modify the provisions of its Department Manual on which this opinion relies.
We reverse the circuit courts judgment, and remand the case to the circuit court for entry of an order granting summary judgment to the Association, on terms consistent with this opinion.
The Department now has the right to appeal to the Missouri Supreme Court if they choose to do so. The exact time frame for the Department to appeal is not known by us at this time.
News Update 06-28-13
By Cynthia Gross Mon, July 1, 2013
It was announced by the Governorís Office at approximately 10:00 this morning that the pay increases due to take effect the first of July will be suspended until an issue between the Governorís Office and the Legislature can be resolved, re: the tax cut bill for businesses.
The Governorís Office concern is that if this bill is overridden in veto session the funds to operate the state will not be there. I was told by the Governorís Office that if this is resolved or the veto is not overridden the money for state employee raises will be released.
MOCOA is making contacts to try to get your money releases as soon as possible.
Thank you for your support,
Gary Gross, Executive Director