Equity and Inclusion Initial Bargaining Proposals April 4, 2019

The Association retains the right to modify, add to, or delete these proposals.

Proposal	Article of contract	Page
Temporary unclassified	8, 14, 16	2
2^nd floating holiday	11	3
Connect 700	31	4
Tribal voting	14	5
Definition of family	12	6
Rooney rule	16	7

Equity and Inclusion
Temporary unclassified

Article 8
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Section 6. Unclassified Employees. ~~The termination of temporary unclassified employees is not subject to the arbitration provisions of this Agreement, unless otherwise specified in this Agreement.~~

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Article 14

A. Medical. Upon the request of an ~~permanent~~ employee who has exhausted all accrued sick leave, a leave of absence without pay shall be granted by the Appointing Authority for up to one (1) year because of sickness or injury to the employee. At the request of the employee, this leave may be extended at the discretion of the Appointing Authority. An employee requesting a medical leave of absence shall be required to furnish evidence of disability to the Appointing Authority. When the Appointing Authority has evidence that an employee's absence from duty is unnecessary or if the employee fails to undergo an evaluation or furnish such reports as are required by the Appointing Authority, the Appointing Authority shall have the right to require the employee to return to work on a specified date.

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Article 16

Section 3. Job Posting and Interest Bidding. Whenever a vacancy occurs which the Appointing Authority determines to fill, the Appointing Authority shall post the vacancy on bulletin boards in the seniority unit or by electronic posting for a minimum of seven (7) calendar days or through such procedures as are otherwise agreed to between the Association and the Appointing Authority. The job posting shall include: the division, section, classification/class option, employment condition, and location of the vacancy. A copy of the posting shall be furnished to the Association. For temporary unclassified position postings, the copy furnished to the Association shall include the justification created by the Appointing Authority for designating the position as unclassified (as required by MMB Administrative Procedure #8, Provision A).

Equity and Inclusion
2^ndfloating holiday

Article 11

Section 1. Eligibility. All employees in the bargaining unit covered by this Agreement except intermittent, emergency and temporary employees, shall be eligible for purposes of this Article. Temporary unclassified employees appointed for periods longer than six (6) months shall be considered eligible for purposes of this Article. Eligible employees appointed to emergency or temporary status from layoff status shall continue to be eligible for purposes of this Article.

Section 2. Observed Holidays. The following days shall be observed as paid holidays for all eligible employees:

New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
2 Ffloating Holidays

All eligible employees shall receive two (2) ~~one (1~~) floating holidays each fiscal year of the Agreement. The employee must request ~~the~~ a floating holiday at least fourteen (14) calendar days in advance. The supervisor may waive the fourteen (14) day advance notice if staffing needs permit. The Appointing Authority may limit the number of employees that may be absent on any given day subject to the operational needs of the Appointing Authority. Floating holidays may not be accumulated or paid off.

Equity and Inclusion
Connect 700

Article 31
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Section XX. Connect 700. Notwithstanding any other part of this agreement or any previously-agreed memorandum of understanding between the parties, employees hired into their positions via Minn. Stat. 43A.15, Subd. 14, (Connect 700) shall not be denied any benefits or rights accorded to any other person who otherwise might have been hired into that position. This includes, but is not limited to, the following:

If the position was posted as an unlimited appointment, the employee shall immediately begin a probationary period as specified in Article 16, Section 6, with all hours worked counting towards their probationary period.
The employee’s date of classification seniority shall begin from the start of their appointment.
The employee will be eligible for sick, holiday, and vacation leave as described in the appropriate contract articles.
The employee will receive insurance benefits as described in Article 20.

Equity and Inclusion
Tribal Voting

Article 14
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Section 2. Leaves With Pay. Paid leaves of absence granted under this Article shall not exceed the employee's work schedule. Statutory leaves are listed in Appendix M.

A. …

B. Voting Time. Any employee who is entitled to vote in any statewide primary, Presidential primary, general election, or in an election to fill a vacancy in the office of a representative in Congress or in the office of state senator or state representative may absent himself/herself from work for the purpose of voting during such election day, provided the employee has made prior arrangements for such absence with his/her immediate supervisor.

An employee who is eligible to vote in a tribal election shall be entitled to the time needed to vote, not to exceed one day, provided that mail ballots are not being used and the election is not being conducted on the employee’s regularly scheduled day off. The employee shall notify the Appointing Authority at least ten (10) calendar days prior to using this leave to vote in a tribal election.

Section 3. Unpaid Leaves of Absence. Statutory leaves are listed in Appendix M.

A. …

~~K. Leave to Vote in Tribal Elections~~. An employee who is eligible to vote in a tribal election shall be entitled to the time needed to vote, not to exceed one day, provided that mail ballots are not being used and the election is not being conducted on the employee’s regularly scheduled day off.

The day off shall be taken without pay unless the employee elects to use accumulated vacation leave, a floating holiday or accumulated compensatory time. Alternatively, the Appointing Authority and employee may mutually agree to have the employee make up the time.

~~The employee shall notify the Appointing Authority at least twenty-one (21) calendar days prior to the leave.~~

Equity and Inclusion
Family Definition

Article 12
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Section 3. Sick Leave Use. An employee shall be granted sick leave with pay to the extent of his/her accumulation for absences necessitated by the following conditions:
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A. Others. Sick leave shall also be granted with pay for the following reasons.

Illness of the following persons ~~living in the employee’s household~~: his/her spouse or domestic partner, dependent children and children-in-law, adult children, stepchildren [add adult children of a domestic partner,domestic partner of an adult child], foster children, (including wards and children for whom the employee is the legal guardian or for whom the employee stands in loco parentis), parents, or stepparents, grandparents and step-grandparents, father-in-law, mother-in-law, or siblingsor any individual who stood in loco parentis to the employee when the employee was under 18 years of age, for such periods as the employee’s attendance may be necessary. Sick leave may also be used for the illness or injury of other family members as provided by state law.
Illness of a minor child, whether or not the child lives in the employee’s household, for such periods as the employee’s attendance may be necessary.
To accompany the employee’s spouse, minor or dependent children, stepchildren, and foster children (including wards and children for whom the employee is the legal guardian), to dental or medical appointments for such reasonable periods as the employee’s attendance is necessary.
To arrange for necessary nursing or hospice care for members of the family as described in paragraphs B(1) and B(2) above regardless of the family member’s location of residence. Sick leave for this reason shall be limited to not more than five (5) days.
Birth or adoption of a child. Sick leave for this reason shall be limited to not more than five (5) days.
With prior notice, an employee may use sick leave to accompany a parent to a medical and/or dental appointment.

See letter dated August 15, 2014 (letter 9) for additional information regarding use of sick leave, including the use of sick leave for additional family members and for safety leave.

Equity and Inclusion
Rooney Rule

Article 16

Section 4. Filling of Positions. All eligible employees under Section 3 who have made a timely interest bid, shall be given consideration and may be appointed to the opening prior to the consideration of other non-interest bidding applicants and prior to filling the vacancy through other means. The Appointing Authority shall not be arbitrary, capricious, or discriminatory and must have a legitimate business reason to reject all of the interest bidders. Seniority of the interest bidders shall not be a factor in appointing employees from among the interest bidders. All interest bidders shall be notified orally or in writing, which may include electronic mailing, as to the acceptance or rejection of their interest bid in a timely manner.

If the vacancy is not filled by an employee under this Section, then it shall be filled in the following order:

A. Other Means of Filling the Vacancy. If the position is not filled as provided in Section 3, 4.A. or 4.B. above, the Appointing Authority shall have the option of filling the vacancy by any of the following methods:

Multi-Source Recruitment and Selection Process. If the multi-source recruitment and selection process is used, selection from among finalists shall be made on the basis of skill, ability, experience, efficiency, job knowledge and/or fitness to perform the duties of the position.

For each bargaining unit position, whenever possible, the Appointing Authority will interview one or more persons (who meet the minimum qualifications and applied in a timely manner for the position) belonging to any protected class which is underrepresented in Executive Branch employment relative to their share in the overall state workforce, as identified in the most recently-published State of Minnesota Workforce Planning Report. The Appointing Authority shall provide the Association with written documentation of their policy and best practices. The Appointing Authority shall maintain complete records of this process and furnish such records to the Association upon request.

However, if appointment is to be made from among two or more finalists who are equal in terms of the above factors and one or more of these finalists is in the bargaining unit, a bargaining unit employee in a class/class option other than the same class/class option as the vacancy shall be selected…