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Mashek v. Dept. of Public Health & Human Svcs.

Mashek v. Dept. of Public Health & Human Svcs., 2016 MT 86 (April 12, 2016) (Rice, J.) (5-0, rev’d)

Issue: Whether the hearing officer and district court erred in holding that the statutory Broadband Pay Plan factors preempt the collective bargaining process.

Short Answer: Yes.


Facts: Plaintiffs are compliance specialists for the Child Support Enforcement Division (CSED) of DPHHS, pay band 6, employed by the state and belonging to MEA-MFT Local 4573. The collective bargaining agreements to which 4573 and the state are parties have two-year terms beginning on July 1 of odd years and ending on June 30 two years later. In May 2011, while Local 4573 was negotiating for the 2011-2013 contract period, plaintiffs filed a complaint against the department alleging that their pay was not “internally equitable” in comparison with pay band 6 compliance specialists in other state agencies, in violation of § 2-18-301(4), MCA.…