Heavy Constructors Ass'n of the Greater Kansas City Area v. Division of Labor Standards

993 S.W.2d 569
CourtMissouri Court of Appeals
DecidedMay 18, 1999
DocketNos. WD 55776, WD 55777
StatusPublished
Cited by2 cases

This text of 993 S.W.2d 569 (Heavy Constructors Ass'n of the Greater Kansas City Area v. Division of Labor Standards) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heavy Constructors Ass'n of the Greater Kansas City Area v. Division of Labor Standards, 993 S.W.2d 569 (Mo. Ct. App. 1999).

Opinion

HANNA, Judge.

This appeal arises out of a declaratory judgment entered by the Circuit Court of Jackson County, upholding the validity of 8 C.S.R. 30-3.060(6), an amended administrative rule promulgated by the Missouri Department of Labor and Industrial Relations in 1997. The 1997 amendment allows interested parties to object to an “occupational work titles description” on a statewide basis, rather than a locality-by-locality basis. The plaintiffs’ primary challenge is that the amended regulation is in conflict with the Missouri Prevailing Wage Act requirement that prevailing hourly wage rates be determined on a locality basis.1 The amendment permitting challenges only on a state-wide basis is the subject of this lawsuit. The plaintiffs argue that the amendment, having eliminat[571]*571ed a party’s right to challenge an occupational title on a county-by-county basis, is inconsistent with the Prevailing Wage Law that mandates that prevailing wages be determined for each county.

The Missouri Prevailing Wage Act provides that workers employed on public construction projects must be paid “a wage of no less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed.” Pursuant to §§ 290.260 and 290.262, of the Act, the Department of Labor and Industrial Relations is to annually determine the prevailing hourly rate of wages for each occupational title in every locality.2 The department determines prevailing wage rates by examining information submitted by contractors, workers, or other interested parties that indicates the actual wages paid in that locality for each occupational title. The wage rate that has the highest number of hours worked within the county for a particular occupational title is found to be the prevailing wage rate in that county for that occupational title. If there is no evidence of wage rates paid in a county for an occupational title, then applicable collective bargaining agreements are used to establish that rate.

On October 19, 1992, the Department of Labor and Industrial Relations promulgated 8 C.S.R. 80-3.060, Occupational Titles of Work Descriptions, in an effort to define the various classifications of workers involved in public construction projects.3 The regulation is intended to provide the department with a framework to use in determining the prevailing wage rates. In 1997, the department amended 8 C.S.R. 30-3.060(6) in accordance with their statutory rulemaking authority. See § 290.240.2. Before the amended regulation, interested parties could move to modify the occupational work titles, as well as the local prevailing wage rate, on a locality-by-locality basis. The 1997 amendment, however, permits interested parties to challenge work descriptions only on a state-wide basis.

The department’s purpose in amending the regulation was to provide uniform work descriptions across the state. These uniform work descriptions are meant to benefit: (1) the department’s enforcement of the Act; (2) contractors that bid on projects in multiple counties; (3) workers who do construction work in more than one county; and (4) public bodies located in more than one county. The uniform work descriptions are also intended to provide individuals with certainty that a work description in one county will be the same in another county so that they can easily determine the required prevailing wage in a particular county for a certain type of work.

On March 3, 1997, notice of the amendment to 8 C.S.R. 30-3.060(6) was published in the Missouri Register pursuant to the Administrative Procedure Act, § 536.010. The department received 12 written responses in support of the proposed amendment indicating, generally, that the amendment will provide uniformity and consistency in the definitions. Six comments in opposition expressed their desire to maintain the ability to object to the definitions by locality.

On September 17, 1997, plaintiffs filed a petition for declaratory judgment and in-junctive relief with the circuit court. At the hearing on February 26, 1998, Robert Gillihan, President of Teamsters Local 541, and Lloyd Kissick, President of Kissick Construction Company, testified on behalf of the plaintiffs. They testified that, generally, local work practices varied among [572]*572the different counties. Neither witness disputed that the actual work tasks described in the occupational titles were the same regardless of where the work was performed. Colleen Baker, the department director, and Alton Amos, a prevailing wage investigator, testified regarding the department enforcement difficulties, confusion to public bodies, and other administrative burdens that occurred prior to the amendment. On March 25, 1998, the circuit court concluded that the amendment to 8 C.S.R. 30-3.060(6) that permits challenges to work descriptions only on a state-wide basis is reasonable and consistent with the Prevailing Wage Law.

8 C.S.R. 30-3.060(6) is a rule promulgated by a state administrative agency, therefore, the appropriate vehicle by which to obtain a judicial determination of its validity is a suit for declaratory judgment. Rule 87.02(c); § 536.050.1; Bresler v. Tietjen, 424 S.W.2d 65, 70 (Mo. banc 1968). In an action for declaratory judgment tried before a court without a jury, the judgment entered by the trial court will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or the court erroneously declared or applied the law. Press-Journal Publishing Co. v. St. Peters Courier-Post, 607 S.W.2d 453, 455 (Mo.App.1980). Additionally, administrative rules and regulations issued under authority of an act should not be judicially invalidated, except for weighty reasons, and' are to be sustained unless unreasonable and plainly inconsistent with the act. Foremost-McKesson, Inc. v. Davis, 488 S.W.2d 193, 197 (Mo. banc 1972). The burden is upon those challenging such rules to show that they bear no reasonable relationship to the legislative objective. Associated Gen. Contractors v. Dept. of Labor, 898 S.W.2d 587, 590 (Mo.App.1995). The interpretation and construction of a statute by an agency charged with its administration is entitled to great weight. Foremost-McKesson, Inc. v. Davis, 488 S.W.2d at 197.

The plaintiffs complain that the amendment to 8 C.S.R. 30-3.060(6) is unreasonable and in conflict with the Missouri Prevailing Wage Act. They contend that because the amended regulation eliminates the ability of a party to object to an “occupational work title description” on a locality-by-locality basis, it is contrary to the Prevailing Wage Law.

An occupational title is a collection of 26 specific work tasks, such as carpenter, laborer, and teamster. The department assigns every work task necessary to complete a public project to a certain occupational title. Many work tasks are performed by different categories of workers. An example given by the plaintiffs is that in some counties laborers install certain types of pipes, whereas pipe-fitters will perform that work in other counties.

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