| Q. |
How long does it take to review an unemployment benefits case? |
| A. |
There is no specific time frame for the Commission to issue a decision. The time within which the Commission issues its decisions depends on the number of cases pending and the complexity of the issues raised in the cases. |
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| Q. |
How can I appeal to the Commission on workers' compensation case? |
| A. |
The Application for Review form is found on our web page or if you would like a copy of this form, please call the Commission at (573) 751-2461. The form is there for the parties use but is not mandatory. Appeals must be taken within 20 days of the Administrative Law Judge's award. |
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| Q. |
How can I appeal to the Commission on unemployment cases? |
| A. |
Use the Application for Review form. If you would like a copy of the form, please call the Commission at (573) 751-2461. The form is there for the parties use but is not mandatory. Appeals must be taken within 30 days of the Appeals Referee's decision. |
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| Q. |
How does the Commission expedite hardship cases in workers' compensation? |
| A. |
Hardship cases are flagged and the transcript is prepared in an expedited manner, briefing time is reduced, with no extensions granted and the need for oral argument is scrutinized. This is done to minimize any delays that may occur. |
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| Q. |
I have quit my job and my employer won't give me my last paycheck. What can I do? |
| A. |
Please refer this question to the Division of Labor Standards at (573) 751-3403. |
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| Q. |
My employer won't let me take breaks. What can I do? |
| A. |
Please refer this question to the Division of Labor Standards at (573) 751-3403. |
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| Q. |
How do I appeal a Commission decision in workers' compensation? |
| A. |
An appeal must be taken to the Missouri Court of Appeals within 30 days. Please use Form 8-C. If you would like a copy of this form, please call the Commission at (573) 751-2461. |
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| Q. |
How do I appeal a Commission decision in unemployment cases? |
| A. |
An appeal must be taken to the Missouri Court of Appeals within 30 days. Use Form 8-B. If you would like a copy of this form, please call the Commission at (573) 751-2461. |
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| Q. |
Can I get an extension to file my brief? |
| A. |
This is specific to each case, but in general a short extension can be granted with Commission approval. |
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| Q. |
What is the Prevailing Wage? |
| A. |
Please refer this question to the Division of Labor Standards at (573) 751-3403. |
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| Q. |
How can I obtain a transcript of the hearing in a workers' compensation case? |
| A. |
Fax a written request to the Commission at (573) 751-7806. |
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| Q. |
How can I obtain a transcript of the hearing in an unemployment case? |
| A. |
Fax a written request to the Division of Employment Security, Appeals Section at (573) 751-5620. |
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| Q. |
Do I have to pay for the transcript? |
| A. |
Employees in both unemployment and workers' compensation cases receive the transcript free. Employers are charged a fee set by the agency. |
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| Q. |
Must I have an attorney to file an appeal to the Commission in unemployment? |
| A. |
Parties do not have to be represented by counsel to file an appeal to the Commission in unemployment. |
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| Q. |
How many copies of my brief should I send? |
| A. |
The Commission requires the original and two copies. |
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| Q. |
How is timeliness determined in filings before the Commission? |
| A. |
The filing date is determined by the meter mark or United States Post Office cancellation on the envelope or container the document is received in. If there is no meter mark or United States Post Office cancellation mark, then the received date is considered the filing date. |
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| Q. |
Where can I get copies of Commission decisions in workers' compensation cases? |
| A. |
Copies of workers' compensation decisions issued by the Commission in workers' compensation cases can be obtained from our web page. If you would like a copy by mail please call the Commission at (573) 751-2461. This includes the administrative law judge's award when available. |
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| Q. |
Where can I get copies of Commission decisions in prevailing wage objections? |
| A. |
Copies of prevailing wage decisions issued by the Commission in prevailing wage objections can be obtained from our web page. If you would like a copy by mail please call the Commission at (573) 751-2461. |
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| Q. |
Who are the members of the Commission? |
| A. |
Please see "About the Labor and Industrial Relations Commission." |
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| Q. |
Where can I find the Commission's Statement of Policy regarding workers' compensation appeals? |
| A. |
The Commission's Statement of Policy can be found on our web page. |
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| Q. |
Where can I find the statutes that pertain to the Commission? |
| A. |
The Commission's Statutes can be obtained from our web page. |
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| Q. |
Where can I find the rules and regulations pertaining to the Commission? |
| A. |
The Commission's Rules and Regulations can be obtained from our web page. |
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| Q. |
Can the Commission assist me in filling out the Form 8-B, Notice of Appeal to the Missouri Court of Appeals? |
| A. |
Commission staff cannot give legal advice to individuals; however, if you have specific questions about completing the form you may phone the Commission's office at (573) 751-2461 and ask to speak to legal counsel. |
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| Q. |
If I have an unemployment claim pending before the Commission, can I submit additional information? |
| A. |
Parties may request permission to submit additional evidence to the Commission. The specific requirements are set out at 8CSR 20-4.010(5). |
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| Q. |
Where can I find a copy of the hearing schedule for prevailing wage objections? |
| A. |
The hearing schedule can be obtained from our web page. |
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| Q. |
Where does the Commission hear oral arguments? |
| A. |
The Commission hears arguments in Kansas City, St. Louis, Springfield and Jefferson City. |
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| Q. |
If oral argument is allowed, how much time do I have to argue? |
| A. |
Each party, who timely files a brief, is allowed 10 minutes. |
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| Q. |
I am not being promoted because I am a woman? |
| A. |
Please refer this question to the Missouri Commission on Human Rights at (877) 781-4236. |
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| Q. |
What statutes and regulations exist regarding the public employee's collective bargaining rights? |
| A. |
The Commission is charged with the responsibility of determining an appropriate bargaining unit for many public employees and to determine majority representative status by conducting elections. The applicable statutes are located at Chapter 105.500 - 105.530 and Chapter 295.010 - 295.210, RSMo (2000). The applicable Code of State Regulations provisions are located at 8 CSR 40-1.010 to 8 CSR 40-2.180. |
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| Q. |
Which public employees are subject to the jurisdiction of the commission? |
| A. |
Jurisdiction includes all public employees employed by:
- Counties
- Municipalities
- School Districts
- Special Districts
- State Government
Note: the following public employees are excluded - police, deputy sheriffs, Missouri State Highway Patrol, Missouri National Guard and all teachers in Missouri schools, colleges and universities. |
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| Q. |
What is the certification process? |
| A. |
- Petition is filed with the Commission by any public employee, group of public employees, or employee organization claiming to represent a majority.
- Petitioner must have a 30% showing of interest to continue the process.
- A preliminary conference is held to determine an appropriate bargaining unit of employees and to set up an election.
- If the parties are not in agreement, the Commission conducts a formal hearing at a later date. A decision is issued based on the evidence presented.
- The Commission conducts an election for the eligible employees to decide on union representation. The union must receive a majority of the votes cast.
- The parties are given ten days to file objections to the election.
- If no objections are filed, the Commission issues a certification of the results of the election.
- Appeals may be filed with the circuit court.
- Petition Form Requires free
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| Q. |
What is the meet and confer process? |
| A. |
Missouri's Public Sector Labor Law requires the public employer to meet and confer with the exclusive bargaining representative to discuss proposals relative to salaries and other conditions of employment The results of the meet and confer process are reduced to writing in the form of a Memorandum of Understanding and submitted to the public employer's governing body for approval, modification or rejection. |
