Stockham v. Missouri Department of Agriculture

87 S.W.3d 303, 2002 Mo. App. LEXIS 1616, 2002 WL 1748218
CourtMissouri Court of Appeals
DecidedJuly 30, 2002
DocketNo. WD 60058
StatusPublished

This text of 87 S.W.3d 303 (Stockham v. Missouri Department of Agriculture) 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
Stockham v. Missouri Department of Agriculture, 87 S.W.3d 303, 2002 Mo. App. LEXIS 1616, 2002 WL 1748218 (Mo. Ct. App. 2002).

Opinion

PATRICIA BRECKENRIDGE, Judge.

Jackie L. Stockham sued the Missouri Department of Agriculture, Division of Grain Inspection and Warehousing (Grain Inspection Division); Charles Ausfahl, who is the Director of the Grain Inspection Division; and John L. Saunders, who is the Director of the Missouri Department of Agriculture (the Department); after he was laid off from his job with the Grain Inspection Division. The basis for Mr. Stockham’s claims was his assertion that [304]*304he was laid off in violation of the Department’s policy that temporary workers in a class must be laid off prior to the layoff of any full-time workers in the same class. The court entered summary judgment in favor of the defendants. On appeal, Mr. Stockham contends that summary judgment was improper because genuine issues of material fact remain which preclude summary judgment. Because this court finds that Grain Inspectors I and Grain Samplers were, by law, in separate classes, there is no genuine issue of material fact and the defendants were entitled to judgment as a matter of law. The summary judgment of the trial court is affirmed.

Factual and Procedural Background

On appeal from a summary judgment, this court reviews the facts, and any reasonable inferences therefrom, in the light most favorable to the party against whom summary judgment was entered. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 382 (Mo. banc 1993). Thus, this court will review the facts in the light most favorable to Mr. Stockham. Since the 1970s, the Department has had a contract with the Federal Grain Inspection Service (FGIS) of the United States Department of Agriculture (USDA) to perform official grain inspections for the FGIS in Missouri. The contract with the FGIS required that Missouri’s Grain Inspection Program adopt a merit system, subject to the FGIS’s approval, to handle hiring, firing, promoting, demoting, and laying off employees. The Grain Inspection Program adopted such a system. Regarding layoffs, the Grain Inspection Program’s merit plan provided that “[n]o regular employee shall be laid off while a person is employed on a prov-sional [sic], temporary or probationary basis in the same class in that program.”

The entire Department subsequently adopted a merit plan that contained a similar layoff policy. The Department’s merit plan, which was approved in 1983, provided that “[t]emporary and hourly employees in an affected class must be laid off first.” The evidence in the record on appeal does not indicate whether the Department’s merit plan superseded the Grain Inspection Program’s merit plan. The resolution of this issue is not necessary, however, because under both plans, temporary 1 workers in a class were to be laid off before full-time employees in the same class. This court will refer to the similar layoff polices as simply as “the Department’s layoff policy.”

In 1990, the legislature enacted the Uniform Classification and Pay System (UCP). Under the UCP, the state’s Office of Administration (OA) reviewed positions throughout state government and classified those positions. The OA assigned each job class within the Department its own four-digit number. None of the job classes within the Department that were designated by the OA included both part-time or temporary employees and full-time employees.

Two of the positions within the Grain Inspection Program that were designated as different classes under the UCP were Grain Inspector I and Ag Sampling Technician (Grain Sampler). The primary job of both the Grain Inspectors I and the Grain Samplers was to sample grain. Grain Inspectors I were full-time employees, while Grain Samplers were part-time, hourly employees. Prior to the adoption of the UCP, Grain Inspectors I and Grain Samplers had the same job title. When [305]*305the UCP was in the process of being implemented, the Director of the Grain Inspection Division and the Program Administrator for the Grain Inspection Division specifically requested that the part-time, hourly Grain Samplers “be set apart by some method” from the full-time Grain Inspectors I because they “realized the problem that would ensue with a lay-off.”

In the mid-1990s, the Kansas City office of the Grain Inspection Division performed more grain inspections than any of the five other state grain inspection offices. Overall, however, the Grain Inspection Program was losing revenue. Mr. Ausfahl, the Director of the Grain Inspection Division, and his executive staff discussed how to decrease expenditures and increase revenue. A planner with the Department recommended to Mr. Ausfahl that the Grain Inspection Division layoff all Grain Inspectors I and replace them with Grain Samplers.

In response to this recommendation, Steve Bell, the Program Administrator for the Grain Inspection Division, told Mr. Ausfahl in November 1994 that he did not believe the Grain Inspectors I could be laid off before the Grain Samplers. Since Grain Inspectors I “were primarily grain samplers,” and at one time Grain Inspectors I and Grain Samplers were “one classification,” Mr. Bell questioned whether the two positions “still would have to be treated as one classification for purposes of lay-off.” Mr. Bell reiterated his beliefs in a memo he wrote to Mr. Ausfahl on February 15, 1995, concerning employee layoffs by class. In the memo, Mr. Bell told Mr. Ausfahl that Grain Inspectors I and Grain Samplers have “almost identical” job duties and requirements and “may have to be considered a single class for purposes of lay-off determinations.” Mr. Ausfahl agreed that basically there was no difference between the kind of work the Grain Inspectors I and Grain Samplers were doing. At a management meeting the next day, Mr. Bell again stated that he believed Grain Inspectors I and Grain Samplers were in the same “multiple title class.”

In December 1995, with the knowledge and approval of the Director of the Department, Mr. Ausfahl notified all Grain Inspectors I in the Kansas City office that they would be laid off at the end of that year. Mr. Stockham was one of the Grain Inspectors I who received this notice. No Grain Samplers were laid off and, in fact, the Kansas City office hired more Grain Samplers in 1996.

In December 1998, Mr. Stockham filed a petition for declaratory and injunctive relief and damages against the Department of Agriculture, Division of Grain Inspection; Mr. Saunders, who was the Director of the Department; and Mr. Ausfahl. Mr. Stockham raised several claims, all premised on his assertion that the part-time, hourly Grain Samplers were in the same class as the full-time Grain Inspectors I because they performed the same job function. Because no part-time, hourly Grain Samplers were laid off before the Grain Inspectors I were laid off, he contended the layoff was contrary to the Department’s layoff policy.

After the defendants moved to dismiss Mr. Stockham’s petition, the court dismissed several of his claims. Mr. Stock-ham’s remaining claims were (1) Mr. Saunders and Mr. Ausfahl violated his substantive and procedural due process rights by laying him off; (2) the Department of Agriculture, Division of Grain Inspection; Mr. Saunders; and Mr. Ausfahl breached their contractual duties to Mr. Stockham by laying him off; and (8) Mr. Saunders and Mr. Ausfahl tortiously interfered with his contractual relationship, his [306]*306employment, and his expectation of future employment by laying him off.

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879 S.W.2d 581 (Missouri Court of Appeals, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
87 S.W.3d 303, 2002 Mo. App. LEXIS 1616, 2002 WL 1748218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stockham-v-missouri-department-of-agriculture-moctapp-2002.