Article 15 - Seniority 2021-23 contract

Section 1. Definitions. 

  1. State Seniority. "State Seniority" is defined as the length of employment with the State of Minnesota since the last date of hire. 

  1. Classification Seniority. "Classification Seniority" is defined as an employee's length of service in a specific job classification with the State of Minnesota, beginning with the date an employee begins to serve a probationary appointment. 

  1. Bumping, Demotions, Transfers. When an employee bumps, demotes or transfers, Classification Seniority in the class to which the employee is bumping, demoting, or transferring, shall include Classification Seniority in all related classes in the same or higher salary range in which the employee has served with the State of Minnesota. For purposes of this section, classes are considered to be in the same salary range if the first two (2) digits of the compensation codes (as listed in Appendix F) are the same, and movement between the classes is a transfer or a demotion. 

  1. Class Options. "Class Option" is defined as an area of specialization which may require special licensure, certification, or registration and for which a separate selection process is used in making appointments to a classification. 

  1. Related Classes. "Related Class" is defined as the class or classes which are similar in the nature and character of the work performed and which require similar qualifications. 

  1. Reallocations. Class seniority for employees whose positions are reallocated to an equal or lower class after July 1, 1981, shall include service in the class from which they were reallocated, regardless of whether or not the class is a related class in accord with this section. 

  1. Trial Period. An employee who returns to their former classification under the conditions of a trial period (Article 16, Section 7), shall accrue all seniority in the former classification as if continually employed in the former classification. 

  1. Interruptions. Classification Seniority shall be interrupted only by separation because of resignation, discharge for just cause, non-certification for the initial probationary period, failure to return upon expiration of a leave of absence, failure to respond to a recall from layoff, or retirement. 

Classification Seniority shall not include service in a position in a bargaining unit not represented by the Association. However, Classification Seniority shall include service in a confidential position in accordance with Section 1(B). Classification Seniority shall also include permanent or probationary classified service in the position in bargaining Unit 216 from which the employee was reallocated as a result of a unit determination order from the Bureau of Mediation Services. Time on the seniority unit layoff list and/or approved leave of absence shall not constitute an interruption. 

  1. Seniority Units "Seniority Units" are defined as set forth in Appendix D. 

Section 2. Seniority Earned Under Previous Collective Bargaining Agreements. Employees shall continue to have their seniority calculated as provided under the 1981-1983 collective bargaining agreement or memoranda of understanding except as specifically provided elsewhere in this Agreement. 

Section 3. Seniority Rosters. No later than November 30 and May 31 of each year, the Appointing Authority shall prepare and post seniority rosters on official bulletin boards for each of its seniority units and shall be furnished to the Association Executive Director. Such rosters shall be based on transactions occurring up to and through the pay period closest to October 31 and April 30 respectively of each year. The rosters shall list each employee in the order of Classification Seniority; and reflect each employee's date of Classification Seniority, date of State Seniority, and class title and date for all classes in which the employee previously served. The rosters shall also identify the type of appointment if other than full-time unlimited, and shall include the class option, if any. 

When two (2) or more employees have the same Classification Seniority dates, seniority positions shall be determined by State Seniority. Should a tie still exist, seniority positions shall be determined by lot. 

Section 4. Seniority Roster Appeals. Employees shall have sixty (60) calendar days from the date of the initial posting to notify the Appointing Authority of any disagreements over the Seniority Roster. Thereafter, appeals must be filed with the Appointing Authority within thirty (30) days of the date of posting and are limited to changes since the previous posting. However, errors of fact on the seniority roster may be raised by either party at any time.