208.862. Consumer rights and employment relations.
Consumer rights and employment relations.
208.862. Consumer rights and employment relations.
1. Consumers shall retain the right to hire, fire, supervise, and trainpersonal care attendants.
2. Vendors shall continue to perform the functions provided in sections208.900 to 208.930*. In addition to having a philosophy that promotes theconsumer's ability to live independently in the most integrated setting or themaximum community inclusion of persons with physical disabilities, as requiredby subsection 1 of section 208.918*, vendors shall provide to consumersadvocacy, independent living skills training, peer counseling, and informationand referral services, as those terms are used in subsection 3 of section178.656*, RSMo.
3. The council shall be a public body as that term is used in section105.500*, RSMo, and personal care attendants shall be employees of the councilsolely for purposes of section 105.500*, RSMo, et seq.
4. The sole appropriate unit of personal care attendants, as that termis used in subdivision (1) of section 105.500*, RSMo, shall be a statewideunit. Personal care attendants who are related to or members of the family ofthe consumer to whom they provide services shall not for that reason beexcluded from the unit. The state board of mediation shall conduct anelection, by mail ballot, to determine whether an organization shall bedesignated the exclusive bargaining representative as defined in subdivision(2) of section 105.500*, RSMo, for the statewide unit of personal careattendants under section 105.525*, RSMo, upon a showing that ten percent ofthe personal care attendants in said unit want to be represented by arepresentative. The Missouri office of administration shall represent thecouncil in any collective bargaining with a representative of personal careattendants. Upon completion of bargaining, any agreements shall be reduced towriting and presented to the council for adoption, modification or rejectionin accordance with section 105.520*, RSMo.
5. The state of Missouri and all vendors shall cooperate in theimplementation of any agreements reached by the council and any representativeof personal care attendants, including making any payroll deductionsauthorized by the agreements which can lawfully be made pursuant to agreementsentered into under sections 105.500 to 105.530*, RSMo, as currently construedby the Missouri appellate courts.
6. Personal care attendants shall not have the right to strike andbreach of this prohibition will result in disqualification from participationin the consumer directed services program.
7. Personal care attendants shall not be considered employees of thestate of Missouri or any vendor for any purpose.
(L. 2008 Adopted by Initiative, Proposition B, § 5, November 4, 2008)Effective 11-04-08
*References to statute or section numbers have been changed to comply with section 3.060, RSMo.