Prohibition Against Displacing Existing Workers Through Work Activities Associated with the Temporary Assistance Program

PURPOSE: This rule prohibits displacing existing workers through work activities associated with the Temporary Assistance Program and creates a grievance procedure for workers who believe that they have been displaced. (1) An adult receiving assistance through the administration of the Temporary Assistance Program may fill a vacant employment position in order to engage in work activities. An adult receiving assistance through the program, who fills a vacant employment position in order to engage in work activities, must be guaranteed wages and benefits comparable to employees in like positions. (2) An adult receiving Temporary Assistance and participating in a wage supplementation program may only fill a new employment position. (3) No adult in a work activity as part of the Temporary Assistance Program and described in these rules shall be employed or assigned to a work activity when— (A) Any other individual is on layoff from the same or any substantially equivalent job; (B) The employer has terminated the employment of any regular employee, reduced the hours of such employee, or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an individual described in section (1); or (C) The employment opportunity is created by a strike, lockout or other bona fide labor dispute. (4) An individual who believes that s/he has been adversely affected by a violation of sections (2) and (3) or the organization that is duly authorized to represent the employee, shall be afforded an opportunity to grieve it. The employee or the employee’s organization must first attempt to remedy the alleged violation through a meeting with the employer within thirty (30) days of the request for the meeting. If the complaint is not resolved to the satisfaction of the employee, the employee may appeal to the Division of Family Services in accordance with the provisions of 13 CSR 40-2.160. The division may make a recommendation to the employer that the employee be reinstated or receive retroactive pay and benefit. In addition, if it is found the employer violated the provisions in sections (2) and (3) above, the division shall terminate the wage supplementation contract with the employer. (5) Nothing in this section shall preempt or supersede any provision of a collective bargaining agreement. If there is an existing grievance procedure in a collective bargaining agreement, it must be followed. (6) Nothing in this section shall preempt or supersede any provision of state law that provides greater protection for employees from job displacement. AUTHORITY: sections 207.020 and 208.040.5, RSMo 1994.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule file Jan. 16, 1998, effective Aug. 1, 1998. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955, 1969, 1982, 1985.