Healthy Workplace
Initial Bargaining Proposals April 4, 2019.
The Association retains the right to modify, add to, or delete these proposals
|
Proposal |
Article of Contract |
Page |
|
Safety leave |
12 |
2 |
|
Reallocations |
16 |
3 |
|
Disciplinary process |
8 |
4-5 |
|
Union rights |
3, 7 |
6-7 |
Healthy Workplace
Safety leave
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:
A…
B. Others.Sick leave shall also be granted with pay for the following reasons.
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- For the closure of a dependent’s school the employee may opt to telecommute or use sick, vacation, or safety leave.
See letter dated August 15, 2014 for additional information regarding use of sick leave, including the use of sick leave for additional family members and for safety leave.
C. Safety Leave.Sick leave may be used for safety leave for the employee or the employee’s relatives as provided by state law [add a reference to 12.3.b.1]. Employees shall annually be granted up to 16 hours of safety leave that shall not be taken from sick leave, vacation leave, compensatory time, or any other leave balance. It may be used in any situation where the employee has a reasonable belief that it is unsafe to go to or remain at work. Examples include, but are not limited to, inclement weather, school, business and road closings; unsafe building conditions; natural and/or man-made disasters; if any road authoritycloses down roadways, or if the National Weather Service declares/issues a “No Travel’ Advisory. The employee may opt to use safety leave rather than sick or vacation leave at the employee’s discretion. Employees designated as essential by the Appointing Authority must make a good-faith effort to report to work but may use safety leave in the event they are unable to. Safety leave hours do not accumulate.
Healthy Workplace
Reallocations
Article 16
Section 5. Reclassification. Employees may submit requests for job audits directly to Minnesota Management & Budget, or their own Appointing Authority if it has delegated classification authority, pursuant to Minn. Stat. 43A.07, Subd. 2 and the Minnesota Management & Budget Administrative Procedure 7. Minnesota Management & Budget or an Appointing Authority with delegated classification authority, shall acknowledge, in writing, receipt of an employee initiated request for an audit of his/her position within thirty (30) calendar days of receipt of the request. Upon request, the agency Human Resources office shall provide an update of the job audit status.
An employee shall be notified, in writing, of a downward reclassification of his/her position before such action occurs. An employee who desires to protest a reclassification decision regarding his/her position may do so by following the provisions of Minn. Stat. 43A.07, Subd. 3; but the decision of the Commissioner of Minnesota Management & Budget or the agency with delegated authority pursuant to this Section shall not be subject to the grievance and arbitration provisions of this Agreement. An employee has the right to steward representation at any meeting with the Appointing Authority discussing reclassification.
Minnesota Management & Budget or an Appointing Authority with delegated classification authority, shall notify the Association President regarding any class studies they plan to undertake. Prior to the actual implementation of any class study results, the Association shall be offered the opportunity to meet and confer with the appropriate authority regarding the results and the implementation plans.
Health Workplace
Discipline process
Article 8
Section XX. Investigatory Meeting
Twenty-four (24) hour written notice of an investigatory meeting shall be given to the employee.
The direct supervisor of the employee shall not be the person conducting the investigation.
The Appointing Authority shall provide a written summary of the investigation results to the employee, and the Association if it is involved in representing the employee during the investigation, within seven (7) calendar days of the conclusion of the investigation. Investigation results may include, but are not limited to, exoneration of the employee or the conclusion that disciplinary action is not to be taken.
Section 3.4. Disciplinary Action.
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When any disciplinary action more severe than an oral reprimand is intended, the Appointing Authority shall, before or at the time such action is taken, notify the employee and the Association in writing of the specific reason(s) for such action.
If an employee is able to provide medical provider documentation of a medical condition and believes that may have substantially contributed to their being disciplined, the Appointing Authority will reinvestigate the situation.
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Section XX. Loudermill Hearing.
If the intent of the Appointing Authority is to suspend or discharge an employee they shall first notify the employee that they may request an opportunity to hear an explanation of the evidence against them and to present their side of the story and is entitled to Association representation at such meeting. The right to such meeting (Loudermill Hearing) shall expire at the end of the next scheduled work day of the employee after the notice of a suspension or discharge is delivered to the employee, unless the employee and the Appointing Authority agree otherwise. The discipline shall not become effective during the period when the meeting may occur. The employee shall remain in their normal pay status during the time between the notice of discipline and the expiration of the meeting.
Section 7. Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee through coaching and, if corrected, shall not be entered into the employee's personnel file.
Letters of Expectation shall not include expectations that violate the collective bargaining agreement, or hold employees to a different standard with an unreasonable work rule.
An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file.
Each employee shall be furnished with a copy of all evaluative and disciplinary entries into his/her personnel file and shall be entitled to have his/her written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee.
Removing Materials from File.
The following documentation shall be removed from the employee's personnel file:
1. A written reprimand provided that no further disciplinary action has been taken against the employee for one (1) year from the date of the written reprimand;
2. A written record of a suspension of ten (10) days or less provided that no further disciplinary action has been taken against the employee for three (3) years from the effective date of the suspension;
Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of one (1) year following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension.
Healthy Workplace
Union rights
Article 3
Section 1. Payroll Deduction. The Employer agrees to deduct from an employee’s earnings an amount equal to the regular bi-weekly Association dues forthose employees in a unit who are members of the Association and who request in writing to have their regular bi-weekly Association dues deducted from payroll. each employee who has voluntarily signed the Association’s authorization for dues deductions and to transmit said amounts promptly to the Association. Such authorizations may be provided on a written form, by an on-line authorization, through electronically recorded phone calls, or by any other means of indicating agreement allowable under state or federal law. Authorizations for deductions shall be continuously effective until canceled by the employee in writing accordance with the policies and procedures established by the Association. The Employer shall adhere to the provisions in each dues deduction authorization agreed to by the employee regarding automatic annual renewal of the authorization and the provisions agreed to by the employee regarding revocation of the authorization only during specified window periods, irrespective of the employee’s membership in the Association.
Section 2. Fair Share Deduction. In the event that the provisions of Minnesota Statutes Section 179A.06, Subdivision 3 are at some future date determined to be constitutionally permissible by the United States Supreme Court, In accordance with Minn. Stat. 179A.06, Subdivision 3, at the request of the Association, the Employer shall deduct a fair share fee for each employee assigned to the bargaining unit who is not a member of the Association.
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Article 7
Section 3. Employee Lists. The Employer shall furnish the Association with a list of names, classifications, work addresses, home addresses, email addresses, work phone, home phone, department, and county codes (if available) of employees covered by this Agreement on a quarterly basis upon request. “Work addresses” includes the street address of the employee’s primary work location. The Association agrees to reimburse the Employer for the cost involved in generating each list. All such data shall be provided in a mutually agreeable format.
Section 4. Use of State Facilities. The Appointing Authority shall may grant the Association access to State facilities, if appropriate facilities are available, for the purpose of meeting with bargaining unit employees. The costs of using State facilities shall be reimbursed to the Appointing Authority by the Association if other groups using State facilities are similarly charged.
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Section 7. Association Security
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E. Access to New Employees. Within ninety (90) days of an employee’s hire into a MAPE-represented position, the Association shall be entitled to meet with the employee for one (1) hour while the employee remains in pay status.
F. Data Requests. The Employer shall inform the Association within fifteen (15) days of receipt of any request made under the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13) that references the Association or asks for the names, email addresses, work addresses, telephone numbers, or other contact information of bargaining unit employees.