Last month, MGEC was made aware of “notice of overpayment” letters going to some of our members threatening legal action if they didn’t “repay” hours of approved work. As we have advised in prior communications, we recommend that employees do not consent to repayment.
Issues such as overtime, or any other interpretation of the labor agreement, fall firmly under the jurisdiction of the contract between the state and MGEC. Shortly after our members received those letters, we responded with our own letter that a) questions the logic that concludes that there was any “overpayment”; b) asserts that the arbitration clause of our contract means that the state is pursuing their claim in the wrong forum by going after individuals; c) suggests that the state can pursue language at the bargaining table – but hasn’t; and d) should the state pursue any of these claims in court against individuals, MGEC will provide copies of the letter laying out that the state’s case is made in bad faith, is in the wrong forum, and is frivolous.
Consistent with our experience so far, we have heard nothing but silence from MnDOT and MMB.