Macalester Proposals 2025-2026

MAPE Proposals

Union Proposal 1: Preamble

This Agreement is made and entered into this _____ day of _______ 202X, by and between Macalester College (hereinafter referred to as the Employer) and the Minnesota Association of Professional Employees (MAPE) (hereinafter referred to as the Association).

The Employer and the Association affirm that this Agreement has as its purpose the establishment of rates of pay, hours of work, and other conditions of employment; the establishment of an equitable and orderly procedure for the resolution of differences without interference or disruption of efficient operations of either party; the requirement to interact with each other with mutual dignity and respect; values of equity, diversity, and inclusion; and the expression of full and complete understanding of the parties relative to all terms and conditions of employment covered by this Agreement.

If the parties mutually agree during the term of this Agreement, the Agreement may be modified by additional provisions relating to specific conditions covering the terms of employment stated herein. Any Agreement which is to be included as a part of this Agreement must so indicate, must be reduced to writing, and must be signed by the parties to this Agreement. The parties may mutually agree, in writing, to correct misspelled words, mathematical errors, and other clerical errors in this Agreement.

 

Union Proposal 2: Recognition

The Employer recognizes the Association as the sole and exclusive representative of the employees as defined in or subsequently modified by the National Labor Relations Board Case Number 18-RC-365116, which states “All full-time and regular part-time non-faculty staff who are not “professional employees” as defined by Section 2(12) of the Act and who are employed by the Employer at its St. Paul, MN campus; excluding faculty, professional employees, athletic staff, medical staff employed at the Employer’s Hamre Center for Health and Wellness, managers, confidential employees, and guards and supervisors as defined in the Act, as amended.”

The Employer will not, during the life of this Agreement, meet and confer or meet and negotiate with any individual employee or group of employees or with any other employee organization with respect to the terms and conditions of employment of the employees covered by this Agreement, except through the Association or its authorized Association Stewards.

The Employer will not assist or otherwise encourage any other employee organization which seeks to bargain for employees covered by this Agreement, including providing payroll deductions to other employee organizations.

 

Union Proposal 3: Representation and Dues Checkoff

Section 1. Representation.

All present employees covered by this Agreement who are members of the Association on the effective date of this Agreement shall remain members of the Association as a condition of employment. All employees who are hired hereafter shall become and remain members of the Association as a condition of employment thirty-one (31) days from the date of employment.

Section 2. Dues Deduction.

The Employer agrees to deduct monthly Association dues, as designated by the Association, from the pay of all employees covered by this Agreement. Deductions shall be made by the Employer during the first pay period of each calendar month.

Section 3. Dues Remittance.

The Employer agrees to remit all dues deductions and a list of the names with each deduction amount to the Association by the 25^th day of the calendar month in which the dues are deducted.

Section 4. Hold Harmless.

The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article.

Section 5. Employee Lists.

The Employer shall notify the Association of all employees added to or removed from the bargaining unit on a monthly basis.

 

Union Proposal 4: Strikes and Lockouts

Section 1. No Unlawful Strikes.

The Association agrees that it will not promote or support any unlawful strike. A strike is defined as concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment.

Any employee who knowingly violates the provisions of this Section may be discharged or otherwise disciplined. Any employee so disciplined may elect to grieve the discipline under Article X, Grievance Procedure, of this Agreement.

Section 2. No Lockouts.

No lockouts, or refusal to allow employees to perform available work, shall be instituted by the Employer during the life of this Agreement.

 

Union Proposal 5: Non-Discrimination

Section 1. Pledge Against Discrimination.

The provisions of this Agreement shall be applied equally to all bargaining unit employees without discrimination as to sex, marital status, sexual orientation, gender identity or expression, race, color, creed, religion, disability, national origin, veterans status for all eligible veterans, current or former public assistance recipient status, political affiliation, age or as defined by statute. The Association shall share equally with the Employer the responsibility for applying this provision of the Agreement. 

Section 2. Association Membership.

In accordance with applicable laws, the Employer shall not discriminate against, interfere with, restrain or coerce an employee from exercising their right to join or not to join the Association, or participate in an official capacity on behalf of the Association, which is in accordance with the provisions of this Agreement.

Section 3. General Policy.

In order to provide and maintain a productive work environment, it shall be the policy of the Employer and the Association to interact with each other with mutual respect and dignity, recognizing that legitimate differences will arise.

 

Union Proposal 6: Savings Clause

This Agreement is intended to be in conformity with all applicable and valid federal and state laws and rules and regulations promulgated thereunder the force and effect of law. In the event that any provision of this Agreement is found to be inconsistent with such statutes, rules, or regulations, the provisions of the latter shall prevail. If any provision of this Agreement is found to be invalid or unenforceable by a court or other competent authority having jurisdiction, then such revisions shall be considered void, but all other valid provisions shall remain in full force and effect.

 

Union Proposal 7: Seniority 

Seniority shall mean length of employment from the date of hire at the Employer or within the employee’s specific classification, as specified in subsequent Articles of this Agreement. Seniority rights shall take effect for new hires upon completion of the probationary period and begin retroactively from the date of hire. 

An employee shall lose seniority rights only for the following reasons: 

1. Voluntary resignation 
2. Discharge for just cause 

An employee returning with a break in employment of less than two (2) years will be restored to the seniority they accrued prior to their separation. 

An employee transferred or promoted to a job outside of the bargaining unit covered by this Agreement shall retain their previously accrued seniority while outside of the bargaining unit. Upon returning to the bargaining unit, the employee shall have full credit for all previous years of service prior to the time the employee left the bargaining unit. 

 

Union Proposal 8: Discipline and Discharge 

Section 1. Purpose. Disciplinary action may be imposed on employees only for just cause and shall be corrective where appropriate. 

Section 2. Association Representation. The Employer shall not meet with an employee for the purpose of questioning the employee in an investigatory or any other meeting that may lead to discipline of that employee without first advising the employee of the nature of the meeting and offering the employee an opportunity for Association representation. Any employee waiving the right to such representation must do so in writing prior to any questioning. 

An Association Steward providing Association representation at meetings shall be allowed a reasonable amount of time without loss of pay during working hours to attend such meetings. 

The Employer shall notify the subject when an investigation is closed. When the subject has Association representation in an investigation, the Employer shall notify the Association when the investigation is closed. 

Section 3. Confidentiality. During any interaction with the employee which could result in discipline or if the Employer issues any disciplinary action, the Employer shall do so in a manner that is confidential and not public. 

Section 4. Disciplinary Action. 

Discipline shall be progressive and only include the following: 

1. Oral reprimand 
2. Written reprimand 
3. Suspension 
4. Demotion 
5. Discharge 

Section 5. Disciplinary Meetings. The Employer shall give notice in writing and meet with the employee when the Employer intends to take disciplinary action against the employee. Employees shall have the right to Association representation during these meetings. 

Section 6. Discharge of Employees. The Employer shall not discharge any employee without just cause. If the Employer believes there is just cause for discharge, the employee and the Association will be notified, in writing, that the employee is to be discharged and shall be furnished with the reason(s) therefore, and the effective date of the discharge. The Employer shall 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 a meeting shall expire at the end of the next scheduled workday of the employee after the notice of discharge is delivered to the employee, unless the employee and the Employer agree otherwise. The discharge 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 discharge and the expiration of the meeting. However, if the employee for any reason was not in pay status at the time of the notice of discharge, this shall not apply. All employees, no matter if they are in or out of pay status at the time they received notice of discharge, shall be in pay status for the actual time they spend in the above-mentioned meeting. 

The Association shall have the right to take up a discharge at the second step of the Grievance Procedure, and the matter shall be handled in accordance with this procedure, if so requested by the Association. 

An employee found to be unjustly discharged shall be reinstated in accordance with the conditions agreed to between the parties, if appropriate, or the decision of the Arbitrator. 

 

Union Proposal 9: Grievance Procedure 

Section 1. Intent. Prompt resolution of grievances is in the best interest of both parties, and all adjustments shall be made in accordance with the procedure herein set forth. For the purpose of this Agreement, a grievance shall be defined as a dispute or disagreement as to the interpretation or application of any term or terms of this Agreement. 

Section 2. Operating Terms, Time Limits, and General Principles. 

A. Operating Terms: 

1. The term "days" shall mean calendar days, unless otherwise specified. 
2. The term "employee" shall mean an individual or group of employees, or the Association, as long as the individual or group of employees are members of the bargaining unit. 
3. The term "Association Steward" shall mean those individuals designated by the Association. 

B. Time Limits: 

1. If a grievance is not presented on behalf of the employee within a time limit set forth in this Article, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit, or agreed extension thereof, it shall be considered as settled on the basis of the Employer's last answer. 
2. It is expected that the Employer shall respond to the grievance in a timely manner. However, if no response is received, then the Association may move the grievance to the next level. 
3. The time limits in each step may be extended by mutual written agreement of the Employer and the Association at each step. 
4. By mutual written agreement of the Association and the Employer, the parties may waive Steps 1 and/or 2. 

C. General Principles: 

1. Grievance Files. Grievance files shall be maintained separately from official personnel files. 
2. Non-Precedence. Upon mutual written agreement, a grievance may be withdrawn at any step without establishing a precedent. 
3. Disclosure. Upon request, both the Association and the Employer agree to disclose all documents and information which a party intends to introduce at the hearing, which may include all investigative data on employees after the investigation is completed, and a listing of possible witnesses, to each other, prior to arbitration. Any costs involved in reproducing documents shall be borne by the party requesting disclosure. 
4. Meetings. Meetings at all grievance steps will be established by mutual agreement between the Association and the Employer. 
5. Release Time from Work. The Association Steward(s) and the grieving employee(s) as specified in 6 below shall be allowed a reasonable amount of time without loss of pay during working hours to investigate and present the employee's grievance(s) to the Employer. 
6. Association Stewards. The Association may designate bargaining unit employees to function as Association Stewards. The following individuals may participate in Steps 1 and 2: 

Step 1: Up to two (2) Association Stewards with or without the grieving employee. 

Step 2: Up to three (3) Association Stewards with or without the grieving employee. An Association staff person or officer shall be authorized to carry grievances in concert with or as substitute for the Association Steward. 

1. Fees and Expenses. The fees and expenses for the Arbitrator's services and proceedings shall be shared equally between the parties. Each party shall be responsible for the compensation, expenses, and fees of its own witnesses and representatives. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 
2. Settlement or Award Implementation. Within a reasonable period of time after the grievance settlement or arbitration award, the settlement or award shall be implemented. 

Section 3. Procedure. 

Formal Grievance. 

Step 1. If the Association wishes to initiate a formal grievance, it shall be reduced to writing, setting forth the nature of the grievance, the facts upon which it is based, the section(s) of the Agreement allegedly violated, and the relief requested, and filed with the immediate supervisor’s supervisor/manager. All grievance(s) shall be filed within twenty-one (21) calendar days after the occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days after the grievant, through the use of reasonable diligence, should have had knowledge of the event. 

Within ten (10) calendar days after receiving the written grievance, the grievant's immediate supervisor’s supervisor/manager and the Association Steward(s) shall arrange a meeting with or without the grievant and attempt to resolve the grievance. The immediate 

supervisor’s supervisor/manager shall give their written answer to the designated Association Steward(s) within ten (10) calendar days following the meeting. The Association may appeal the grievance in writing to Step 2 within ten (10) calendar days after the written answer is given or due. 

Step 2. Within ten (10) calendar days following the receipt of a grievance appealed in writing from Step 1, the Employer shall arrange a meeting with the Association Steward(s) in an attempt to resolve the grievance. Within ten (10) calendar days following this meeting, the Employer shall respond in writing to the designated Association Steward(s) stating the Employer’s answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may appeal the grievance in writing and within sixty (60) calendar days after the Employer’s written answer is given or due to arbitration by written notice to the College President or designee. 

Arbitration. 

All arbitrations arising under this Agreement shall be conducted by an Arbitrator to be selected by mutual agreement of the Employer and the Association. If the parties fail to mutually agree upon the Arbitrator, the parties shall request a list of at least five (5) arbitrators from the Bureau of Mediation Services. Both the Employer and the Association shall have the right to strike names from the list. A coin shall be flipped to determine which party shall strike the first name. The other party shall then strike one (1) name and the process shall be repeated and the remaining person shall be the Arbitrator. 

The Arbitrator shall hear the grievance at a scheduled meeting subject to the mutual availability of the Employer and the Association. 

Section 4. Arbitrator's Authority. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of the Agreement. The Arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Association and shall have no authority to make a decision on any other issue not so submitted to them. The Arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The Arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be based solely on the Arbitrator's interpretation or application of the expressed terms of this Agreement and the facts of the grievance presented. The decision of the Arbitrator shall be final and binding on the Employer, the Association, and the employee(s). 

 

Union Proposal 10:

Vacation 

Section 1. Eligibility. The Employer supports employees' need for time off from work by providing vacation time to employees with an assigned FTE of 0.50 or greater and appointments of greater than 6 months. 

Section 2. Accruals. Vacation time shall be accrued at the rate of .0924 per compensated hour, and the total annual accrual shall be prorated per FTE. 

Vacation time shall accrue up to the equivalent of 48 days (372 hours) prorated per FTE. 

Vacation time shall be carried over from year to year, but the maximum vacation time carried over from year to year shall not exceed the amount equivalent to 48 days (372 hours) of vacation prorated per FTE. 

Vacation Accrual – Staff 

*Table reflective of a 1.00 FTE Hours Accrued per pay period	Annual Days Accrued	Maximum Carryover Hours
Bi-Weekly Paid Staff	7.16	24	372
Monthly Paid Staff	15.50	24	372

EXEMPT VACATION TIME ACCUMULATION RATES
Vacation Hours Accrued (Based on 1.0 FTE*)	Maximum Accumulation Hours (24 months of accrual, based on 1.0 FTE*)
15.5 hours per month	Cannot exceed 372 hours in any given month

 *Accrual is prorated based on FTE. 

Section 3. Use. Requests for time off must be approved by the employee’s manager and, when possible, should be scheduled in advance. The employee’s manager has discretion to deny an employee’s request to use vacation days; such denial should be based on operational needs related to the employee’s position and/or department, lack of sufficient notice before the start of the requested vacation time, or other reasonable basis. 

When claiming time away, non-exempt staff should record time utilized in 1/4-hour increments (i.e., .25, .50, and .75). Exempt staff may utilize time away in two-hour increments. It is expected that employees account for all time away within the same work week. Flexible work arrangements shall be available with supervisor approval to make up time away within the same work week; therefore, time away may not need to be utilized. 

Section 4. Vacation Liquidation and Conversion. Employees who separate from the Employer after six months or less of employment shall not be entitled to be paid for any accrued vacation time. Eligible employees who separate from the Employer after six months or more of employment with the Employer shall be paid accrued vacation time equivalent to one year’s worth of accruals. If an eligible employee’s FTE falls below eligibility requirements, up to one year’s accrued vacation time shall be paid out. Staff positions are budgeted for the appointment period only and therefore, there are no funds available for paid vacations outside of the appointment period. 

Employees shall have the option to convert up to 38.75 hours of accrued vacation time to their 403b or equivalent retirement account or, if ineligible to convert, shall have the option to receive a cash payout of up to 38.75 hours of accrued vacation time per calendar year. 

Union Proposal 11: Sick Leave 

Section 1. Eligibility. All employees are eligible for sick time. Sick leave is subject to the Earned Safe and Sick Time Law (ESST) as found in Minn. Stat. 181.9446. 

Section 2. Accruals. Employees with an assigned FTE of 0.50 or greater shall accrue sick time at approximately 12 days per calendar year, prorated per FTE, and shall carry an unlimited balance from year to year. Employees with an assigned FTE below 0.50 shall accrue 1 hour for every 30 hours worked, shall accrue up to 48 hours per year, and shall roll over a balance of up to 80 hours from year to year. Employees earn sick time each pay period and can use sick time as it is accrued. 

Section 3. Use. Sick time may be taken when the employee is unable to perform job duties due to illness, injury, health condition, or physical or mental distress. Sick time may also be used if the employee risks exposing fellow employees or the public to a contagious or infectious disease. Sick time can also be used if an employee experiences a physical disability, which includes pregnancy and any pregnancy-related disability. 

Below are examples of how employees may use their sick time for the following purposes: 

• Illness, injury, health condition, and preventive care visits 
• Mental health and personal well-being, including mental health days 
• Diagnostic visits, care, or treatment 
• Leave related to domestic violence, sexual assault, or stalking 
• Business, school, or child/adult daycare facility closures 
• Quarantine/Isolation 

Employees may use their sick time to care for: 

• Themself 
• Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis 
• Spouse or registered domestic partner 
• Sibling, stepsibling, or foster sibling 
• Biological, adoptive, foster, or stepparent, or a person who stood in loco parentis when the employee was a minor child 
• Grandchild, foster grandchild, or step grandchild 
• Grandparent or step grandparent 
• Child of a sibling of the employee (nieces/nephews) 
• Sibling of the parents of the employee (aunts/uncles) 
• Child in law or sibling in law 
• Any of the family members listed above of a spouse or registered domestic partner 
• Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship 
• Up to one individual annually designated by the employee 

Overall, employees can use sick time on any person they deem important in their life. 

Under certain circumstances, the Employer may request a treating clinician’s statement, to include the nature of care being provided, the date the current illness or injury occurred, the date the treating clinician first saw the employee or family member, the date when the treating clinician expects the employee or family member to return to work, and any work restrictions, during any paid time away, or before allowing the employee to return to work. 

In order to allow coordination of paid sick leave with the Family Medical Leave Act (FMLA), an employee missing work for a combination of more than 3 days for the same condition will be required to request a leave of absence as soon as reasonably possible. If the leave is paid and also qualifies for FMLA, both FMLA and medical leaves run concurrently (leaves of absence can be both paid and unpaid, depending on the leave). 

Time off balances may be used for time off due to an injury covered by the Worker’s Compensation Act for the second and third calendar days of lost time since worker’s compensation salary reimbursement begins after three calendar days of lost time. Employees may also utilize accrued time off benefits to supplement Worker’s 

Compensation payments. Combined time off benefits and worker’s compensation payments may not exceed an employee’s regular FTE defined pay per pay period. 

Section 4. Sick Time Donation. The Employer recognizes that employees may have a family medical emergency resulting in a need for additional time off in excess of their available time off benefits. To address this need, all eligible employees will be allowed to donate accrued paid sick time hours from their unused balance to a leave bank for their co-workers who are in need of additional time off. 

1. Eligibility. Donating employees must be employed for a minimum of one year to be eligible to donate. Receiving employees must be on an approved FMLA absence through the Employer and must have exhausted their available time off benefits in order to receive time from the leave bank. 
2. Donating Sick Time. The donation of sick time is strictly voluntary. Donated sick time will go into a leave bank for use by eligible recipients. The maximum number of sick hours that an eligible employee may donate per calendar year is 23.25 hours, prorated per FTE. Donations must be made in whole-day increments, accounting for the donating employee’s FTE (rounded to the nearest quarter-hour). The donating employee’s balance cannot fall below 77.50 hours due to the donation. Employees may donate sick time anytime throughout the year. To donate to the leave bank, an employee must fill out the Employer Sick Time Donation Form. Once submitted, the Employer will review the form and deduct the donation amount from the eligible employee’s sick time balance. 
3. Receiving Donated Sick Time. The Employer monitors all FMLA leaves. If it is identified that an employee will exhaust their time off balances before the end of their leave, the Employer will connect with the employee about receiving donated sick hours. 

 

Union Proposal 12: Holidays 

Section 1. Holidays Observed. The Employer observes 10 paid holidays, 2 employee-designated floating holidays, and Winter Break for eligible employees. The designated holidays are: 

New Year’s Day 
Martin Luther King Jr. Day 
Memorial Day 
Juneteenth 
Independence Day 
Labor Day 
Thanksgiving Day 
Friday after Thanksgiving 
Christmas Eve Day 
Christmas Day 

Winter Break - *The Employer will be closed for Winter Break on the workdays that occur between December 26-31. 

2 Floating Holidays (employee-designated) 

Section 2. Eligibility. Employees are eligible for paid holidays when an Employer-designated holiday lands on a day when the employee is normally scheduled to work. The employee will be eligible for paid time equal to the number of hours the employee is normally scheduled to work on that day. If an observed holiday falls on a day when the employee is not regularly scheduled to work, they will not receive pay for that day, nor will they be allowed to exchange another day off in place of the holiday. 

Eligible employees must work at least 0.50 FTE (average of 19.375 hours per week over a calendar year) and be employed on a regular, on-going basis. Temporary and casual employees are not eligible for paid holidays, unless they are required to work on a day designated as a holiday. 

In order to be eligible for paid holidays, the employee must be in an active working status the day before and the day after a holiday. If a holiday occurs while an employee is on a leave of absence (i.e., parenting leave, FMLA, personal leave) that extends beyond two (2) weeks, the employee is not eligible for a paid holiday. If the holiday occurs during a leave period that is two (2) weeks or shorter, the employee is eligible. 

As with other time off benefits, time associated with paid holidays is not considered time worked and does not count toward weekly overtime limits. 

Section 3. Holiday Scheduling. When a holiday lands on a weekend, the Employer will observe the holiday on an alternate date. When the actual holiday falls on a Saturday, the holiday will be observed on the preceding Friday. When the actual holiday falls on a Sunday, the holiday will be observed on the following Monday. 

Section 4. Work on a Holiday. When employees are required by their manager to work on a holiday, the following conditions apply: 

• Exempt, full-time, or part-time (working at least 0.50 FTE) – Employees who are required to work may adjust their work schedule and take another equivalent amount of time off during the same or subsequent pay periods following the holiday, with approval from their manager. 
• Non-exempt, casual or temporary – Employees who are required to work will receive two (2) times their regular rate of pay for all time worked on the day. 
• When a non-exempt employee is required to work on an actual holiday that lands on a weekend, the employee is eligible to receive holiday pay at two (2) times their regular rate of pay. They are also eligible to receive holiday pay at two (2) times their regular rate of pay if they are required to work on the observed holiday. 
• Any non-related Employer event (defined as events covered will be those where a third party is leasing Employer staff under this collective bargaining agreement. Employer-sponsored events are not covered) shall be paid for worked time worked at a total rate of three (3) times their regular hourly rate (regular pay, plus double time pay for the hours worked). 

Section 5. Floating Holidays. Eligible employees will receive two (2) floating holidays each calendar year to use how they see fit. Hours associated with the floating holiday must be taken in whole-day increments and should not be broken across multiple days. A whole-day increment is equal to the number of hours the employee is normally scheduled to work on a day they select to use their floating holiday. The scheduling of a floating holiday is subject to approval by the manager. Employees who do not use their floating holidays by the end of the current calendar year will lose it. The Employer does not reimburse employees for any unused floating holidays at the end of employment. As with other time off benefits, time associated with the floating holiday is not considered time worked and does not count toward weekly overtime limits. 

Section 6. Discretionary Holidays. The Employer has approved additional paid holidays (i.e., the day after Juneteenth or the day before Independence Day). The Employer maintains the discretion to grant additional paid holidays beyond the paid holidays explicitly identified in this Agreement. 

 

 Union Proposal 13: Personnel Records 

Section 1. Contents. Employee personnel records are maintained in the Human Resources Department. The contents of each file are confidential as to the individual employee and include such material as employment applications, training/development documentation, discipline/commendation letters, performance evaluations, job level, pay grade, pay range, position within pay range (i.e., compa-ratio), and any other personnel-related correspondence. An employee may include in their personnel file copies of any relevant material they wish, such as letters of favorable comment, licenses, certificates, college course credits or any other material which reflects creditably on the employee. No grievance or anonymous complaint may be kept within a personnel file. The Employer must notify the employee in writing of any additions of a negative or disciplinary nature. No material related to discipline or performance may be added more than thirty (30) calendar days after the Employer becomes aware of the underlying incident, unless delayed by an active investigation. 

Section 2. Review. An employee may review their own personnel record once every six months unless requested as part of a grievance. The employee should contact the Human Resources Department to schedule a convenient time and may request a copy of documents in the file at that time. Copies will be provided at no charge. An employee may designate, in writing, as an alternate, an Association representative to review and obtain a copy of the employee’s personnel file. An Association representative may accompany the employee during any in-person review of their personnel record. 

Section 3. Right of Rebuttal. If the employee believes that any material in their personnel file is incorrect or a misrepresentation of facts, they shall be entitled to prepare in writing their explanation or opinion regarding the material. This shall be included as part of the personnel record until the material is removed. 

Section 4. Removal of Materials. The Employer shall remove discipline-related materials upon request, provided an employee has no subsequent disciplinary action within an 

eighteen (18) month period. Materials may be removed earlier upon mutual agreement of the supervisor and the employee. 

Union Proposal 14: Flexible Work Arrangements 

Section 1. Purpose. The Employer supports flexible work arrangements in situations which will benefit the employee, the work unit or department, and the college. In many cases, flexible work arrangements will lead to a higher level of satisfaction and productivity for employees. The number and type of flexible work arrangements may vary widely around campus depending on the needs of those being served. These arrangements may be flexible hours, compressed schedules, job sharing, or remote work. 

Section 2. Requesting Flexible Work Arrangements. Employees may request flexible work arrangements in consultation with their supervisor. Requests shall be considered on a case-by-case basis and shall not be unreasonably denied. 

A flexible work arrangement, once approved, shall be documented and shall remain in effect unless modified by mutual agreement or due to operational necessity with at least thirty (30) days' notice. Upon request, the Employer shall meet with the employee and an Association representative to discuss alternatives prior to the implementation of any change. This in no way limits employees or the employee’s supervisor from requesting ad-hoc schedule adjustments. 

Section 3. Compressed Schedules. Many employees are given the opportunity to schedule their own working hours in consultation with their supervisor, within the limitations set by the Employer, in order to meet the goals and objectives of the work unit or department. 

1. Eligibility and Approval. Compressed schedules may be approved where operational needs can be met. Approval shall not be unreasonably denied. 

2. Consistency. Compressed scheduled arrival and departure times—and days of work—should remain consistent day-to-day and week-to-week, except by mutual agreement or operational necessity. 

3. Holidays and Paid Leave. Compressed schedules may not be shifted to accommodate holidays or vacation scheduling. Paid leave (vacation, medical, holiday, etc.) shall be recorded based on the employee’s usual schedule for that day. 

Section 4. Summer Hours. A compressed schedule is available to all eligible employees during the summer months. Summer hours are generally a fourteen (14) week period and may begin the week following commencement. Regular work schedules shall commence the week before classes begin in the fall, except for departments whose business needs require a different schedule (e.g., Advancement and Admissions). 

Regular work hours are rearranged during the summer hour period to allow employees to be free from work on Friday afternoon (for a 1.0 FTE employee): 8.5 hours per day Monday through Thursday, and 4.75 hours on Friday. Flexible work arrangements can substitute the summer hours schedule for individual employees. 

When a regular college holiday falls during the observed summer hour period, hours reported for the holiday should be based on their usual and customary schedule had the employee worked the day. 

The Employer shall announce the summer hours period, along with any department-specific exceptions, in writing each year. Departments shall communicate coverage plans and scheduling expectations to employees as early as practical. 

Union Proposal 15: Job Sharing 

Section 1. General. It is the policy of the Employer to provide opportunities for employees to participate in job sharing when such opportunities become available. Job sharing is defined as two employees sharing the work responsibilities of one full-time (.75 FTE or more) position concurrently. Job share partners should be capable of performing all job functions within a position. This applies to bargaining unit employees and may be used as a voluntary increase or reduction of hours. 

Union Proposal 16: Remote Work 

Section 1. Purpose. Remote and hybrid work has the potential to enhance operational functions, improve employee retention, and maximize on-campus space for functions that directly serve our constituents. Occasional remote work does not require a prior written agreement and can be managed between the employee and supervisor on an ad-hoc basis. Remote work shall not be unreasonably denied. The purpose of this section is to provide structure for regular remote work to ensure successful work arrangements across campus. 

Section 2. Definition. Remote work is an arrangement whereby some (hybrid) or all work is performed from an off-campus location on a regular, consistent basis. Remote working is based on the responsibilities of the position. This applies to all bargaining unit employees whose positions meet the eligibility requirements as stated in Section 3. 

Section 3. Eligibility. Eligibility of a position for remote work is designated in the job description or as approved by the Employer. Considerations for remote work include: 

• The remote work arrangement does not negatively impact the operations of the department or create an unreasonable burden on other department employees.
• Work can be performed away from campus without diminishing the quality of work or service to constituents. 
• The employee has adequate internet service. 
• The employee, while at the remote location, will be in compliance with all organizational policies. 

Section 4. Notice of Change. Where operational needs require a change to an employee’s established remote work arrangement, the Employer shall provide no less than thirty (30) days’ notice. Upon request, the Employer shall meet with the employee and an Association representative to discuss alternatives prior to the implementation of any change. 

Union Proposal 17: Joint Labor Management/Meet and Confer Committee 

Section 1. Purpose. In order to promote and foster a cooperative, trusting, and respectful relationship, the Employer and the Association agree to establish Joint Labor Management Committee(s)/Meet and Confer Committee meetings to discuss problems, concerns, and suggestions related to operations and the work force, with the aim of promoting better understanding between the parties and collaboratively solve mutually identified issues. Time spent at such meetings shall be considered work time. 

Section 2. Meet and Confer Committee. The Employer and Association agree that the Meet and Confer Committee shall consist of no more than five (5) individuals from each party. Committee members shall be designated, in writing, by each party to the other. Meetings will be held at mutually agreeable times and places at least every other month, or more often as requested by either party. After a meeting is requested, it will be held within fourteen (14) days after the date of request. A written agenda shall be established for each meeting. Such meetings shall not be construed as or used for negotiations, nor shall any subject matter at the meetings constitute a step in the grievance procedure. 

Section 3. Other Committees. One (1) position served shall be reserved for Association representation on each of the following committees: 

• Staff Advisory Committee (SAC) 
• Benefits Advisory Committee 
• Task Force on Budget (TFOB) 

Additional Association representation on other MAC committees shall be assigned based on mutual agreement. 

Union Proposal 18: Hours of Work 

Section 1. Standard Work Week. The normal work week shall be thirty-eight and three-quarters (38.75) hours, consisting of five (5) workdays of seven and three-quarters (7.75) hours each, exclusive of unpaid meal periods. Two thousand fifteen (2,015) hours shall constitute a regular full-time work year. A full-time employee is one who is scheduled to work at least .75 FTE (1,511.25 hours per year). 

Section 2. Balancing Hours. It is recognized that exempt employees are responsible for managing and accounting for their own hours of work and that they may work hours in excess of the normal workday and/or payroll period and/or on normal days off. In these instances, and with supervisory approval, employees may balance hours of work in subsequent workdays or payroll periods, provided such time management system does not result in overtime payment or guarantee hour for hour time off for extra hours worked. Exempt employees’ requests to balance hours shall not be unreasonably denied. The timing and terms of future hours balancing will be agreed upon at the time the additional hours are worked. 

Section 3. Campus-Wide Event Scheduling. Employees shall not be required or permitted to perform work without compensation. All work performed shall be recorded and compensated. Voluntary election of hours or duties related to campus-wide events shall be considered hours of work. Campus-wide events soliciting volunteers include but are not limited to: 

• Reunion 
• Mac Fest 
• Orientation 
• Move-in Day 
• Commencement 

Section 4. Workload Concerns. Upon request of the Association, the Employer shall meet and confer within thirty (30) calendar days of the request to discuss concerns that the employee(s) are unable to perform their job duties because of increased workload. 

Section 5. Meal and Rest Periods. 

1. Meal Period. Employees working more than five (5) consecutive hours shall receive an unpaid meal period of at least thirty (30) minutes and typically forty-five (45) minutes or one (1) hour by combining breaks. 

2. Paid Rest Break. Employees shall receive two (2) paid fifteen (15) minute breaks per four (4) hour period worked. An employee and supervisor may mutually agree to combine the fifteen-minute paid rest break with the unpaid meal period to create a longer uninterrupted break, without reducing paid hours. 

 

Union Proposal 19: Overtime and Premium Pay 

Section 1. Computation. The work week for overtime calculation purposes shall begin at 12:00 a.m. Sunday and end at 11:59 p.m. Saturday. 

Section 2. Non-Exempt. 

1. Definition. Overtime shall be defined as hours worked in excess of forty (40) hours in a work week. Paid leave, including vacation, medical leave, holidays, floating holidays, or other paid time off, shall not be considered hours worked for overtime calculation purposes. 

2. Rate. All overtime hours shall be compensated at one and one-half (1.5) times the employee’s regular rate of pay, in accordance with the Fair Labor Standards Act. 

Section 3. On Call. Any employee scheduled on call for multiple consecutive days up to seven (7) on call will receive the Friday following the on-call period off on paid time or another day mutually agreed upon. Employees scheduled on call shall receive premium pay of fifty (50) dollars per daily shift. No employee shall be scheduled on call for more than a seven (7) day consecutive period without an equal number of days not on call. 

 

 Union Proposal 20: Employee Assistance Program 

Section 1. General. All employees are eligible to participate in the Employer’s Employee Assistance Program (EAP). This program is available at no cost to employees and their families and offers assistance with a wide variety of concerns, including emotional health support, home life support, child care and parenting support, financial support, legal support, identity theft support, job and career support, and webcasts related to these and other issues. 

Section 2. Confidentiality. EAP is a confidential resource. 

 

Union Proposal 21: Transit Pass Benefit 

Section 1. Subsidized Transit Fare. The Employer shall subsidize 50 percent of stored value costs on MetroTransit Go-To Cards for all employees, administered through the Campus Center Information Desk. 

For example: 

$10 of card value (50 percent subsidy, out of pocket cost $5) 
$20 of card value (50 percent subsidy, out of pocket cost $10) 
$40 of card value (50 percent subsidy, out of pocket cost $20) 

Employees may be asked to present their Macalester ID prior to purchase. 

Section 2. Unlimited-Ride Transit Pass Option. In addition to providing ad hoc subsidized transit fare, the Employer shall offer the option of an unlimited-ride transit pass employee benefit, such as the MetroTransit Metropass, and shall cover, at minimum, 50% of the cost of each pass. The portion of the pass covered by the employee, if any, shall be collected on a pre-tax basis via payroll deduction. 

 

Union Proposal 22: Emergency/Severe Weather Closures 

Section 1. Notification. The Employer shall take reasonable measures to notify employees as early as possible if the campus is closed during severe weather or other emergency. 

Section 2. Campus Closure. During a campus closure, employees who are not required to report to campus shall complete their work from home. Employees who are unable to complete their job duties from home shall be compensated for the number of hours they were scheduled to work. Employees who are required by their manager to physically report to campus during a campus closure shall receive their normal compensation as well as the number of hours they worked on campus as flex time that they can use as arranged with their manager. Employees who are not required to report to campus but choose to do so will not be eligible for additional flex time. 

Section 3. Leaves of Absence. If an employee is on paid leave when the campus is closed due to an emergency, the employee may request a time off correction from HR so that day will not be charged against the employee’s paid leave. No such request shall be unreasonably denied. 

Section 4. Severe Weather Events When Macalester Remains Open. If an employee is not able to report to work when campus is open and they are not able to work from home, the employee may use vacation time, sick leave (if caring for a child/dependent), or leave without pay when they do not have any leave time available. 

 

Union Proposal 23: Background Checks 

Section 1. Notice and Consent. Employees shall first consent to background check authorization and questionnaire via an authorized third-party contractor. 

Section 2. Timing. Background checks shall be conducted at the time of hiring, and thereafter only when a change of duties or responsibilities require substantially different checks than those originally conducted (e.g., safety of minors, financial responsibilities, federal requirements), or the nature of a job classification requires more frequent screening. In that case, it shall be disclosed as part of the position description and shall not be more frequent than every seven (7) years. 

Individuals rehired within twelve (12) months of their separation date will not be required to undergo a new background check unless the new position they are hired into requires additional screenings that were not completed during the initial background check. 

Section 3. Scope. All background checks will encompass the following: 

• Criminal History Check 
• Social Security Number Validation 
• Sex and Violent Offender Registry Check 

Dependent on the nature of the position, additional screenings may include: 

• Registration and trace through the Bureau of Criminal Apprehension (BCA) for employees with key access to individual dwelling spaces. This stipulation is mandated through Minn. Stat. Sec. 299C.67 to 299C.71, and includes submitting fingerprints. If needed, this shall be facilitated by the Employer. 

Background checks shall not include the following: 

• Credit checks. 
• Motor vehicle records check (unless stated in a position description). 
• Criminal records more than seven (7) years prior to the date the background check is conducted. 

The Employer will not consider arrest information unless the arrest resulted in criminal conviction. 

Section 4. Adverse Action Procedures. If there is a discovery which reveals previously unknown information that requires additional consideration, the Employer shall first obtain further information from the employee. A three-person council will review the finding(s) and determine if the incident is in violation of the Background Check Policy. The employee will be invited to comment on the incident and shall have the right to union representation through the review process. 

The three-person council consists of the Director of Human Resources, the Title IX Coordinator, and the Vice President for Institutional Equity. Cases not cleared by the council shall be referred to the appropriate college officer or key employee (e.g., a member of the Senior Leadership Team) in the reporting line of the employee in review, and the Vice President of Administration and Finance. 

Section 5. Use of Information. This information is secured for the purpose of extending or retracting an offer of employment and is maintained in confidential personnel files by the Human Resources Department. For making decisions, this information may be shared with appropriate individuals who have a legitimate business need to know as determined by the Director of Human Resources. 

 

Union Proposal 24: Health and Job Safety 

Section 1. Safety and Protection. The safety and protection of students and employees is one of the Employer’s greatest concerns. The Employer shall maintain a healthy and safe work environment for students and employees. Employees may identify and report unhealthy and unsafe concerns to the Employer. Employees shall not be disciplined or retaliated against for identifying or making such a report. The Employer shall make every effort to resolve reported health and safety concerns. 

The Association shall have access to all safety-related reports, including injury and illness logs, incident reports, and OSHA records, upon request. 

 

Union Proposal 25: Severance Pay 

Section 1. Eligibility. Employees who separate from the Employer and who have completed their probationary period shall be paid for their unused, accrued leave time as specified in this Article. 

Section 2. Vacation Leave Severance. Employees shall have all unused, accrued vacation time paid upon separation at the employee’s hourly wage at the time of separation. 

Section 3. Sick Leave Severance. Employees who have less than ten (10) years of service shall be paid for fifty percent (50%) of unused, accrued sick leave up to a maximum of ten (10) working days. Employees who have ten (10) years or more of service shall be paid for fifty percent (50%) of unused, accrued sick leave up to a maximum of thirty (30) working days. Employees retiring at age sixty-two (62) or older shall be paid for one hundred percent (100%) of unused, accrued sick leave up to a maximum of one hundred (100) working days. The payout shall be at the employee’s hourly wage at the time of separation. 

Section 4. Severance Upon Employee Death. In the event of an employee’s death, severance pay, as defined in this Article, shall be paid to the employee’s surviving spouse, executor, or administrator of the employee. 

 

Union Proposal 26: Dependent Care Flexible Spending Account 

Section 1. Dependent Care Flexible Spending Account. The Employer shall provide employees with the option to participate in a dependent care flexible spending account (FSA) for work-related dependent care expenses on a pre-tax basis as permitted by law. 

Employees may begin participating in a dependent care FSA within sixty (60) days of their date of hire, during the open enrollment period, or when they experience a qualifying life event. 

Employees may deposit up to the maximum amount as defined by the Internal Revenue Service per calendar year.