Article 24 - Wages 2021-23 contract

Section 1. Salary Ranges. The salary ranges for classifications covered by this Agreement shall be those contained in Appendices F-1 and F-2. The compensation grids for these classes are contained in Appendices E-1 and E-2. In the event that bargaining unit employees are to be assigned to newly created or newly added bargaining unit classes during the life of this Agreement, the salary range for such class shall be established by Minnesota Management and Budget which will advise the Association in advance of final establishment and upon request, discuss the new salary range. The salary range established by the Department shall be based on comparability and internal consistency between classes in the salary plan. The Employer may assign a class to a higher salary range during the life of this Agreement after consultation with the Association. 

Section 2. Conversion. Effective July 1, 2021, all employees shall be assigned to the same relative salary step within the salary range for their respective class, as specified in Appendix F-1, except as set forth below. 

Employees who are paid at a rate which exceeds the maximum rate established for their class prior to the implementation of this Agreement, but whose rate falls within the new range for their class, shall be assigned to the maximum of the new salary range. 

In the event the July 1, 2021, maximum rate set forth in Appendix F-1 is equal to or less than the employee’s current salary, no adjustment shall be made, but employees assigned to these classes shall suffer no reduction in pay and shall continue at their current rate of pay as of June 30, 2021. 

Section 3. First Year Wage Adjustment. Effective July 1, 2021, all salary ranges and rates for classes covered in this Agreement shall be increased by two and a half percent (2.5%), rounded to the nearest cent. The compensation grids for classes covered by this Agreement are contained in Appendix E-1. Employees shall convert to the new compensation grid as provided in Section 2. Conversion to the new compensation grid shall not change an employee’s eligibility for step progression increases. 

Section 4. Second Year Wage Adjustment. Effective July 1, 2022, all salary ranges and rates shall be increased by two and a half percent (2.5%), rounded to the nearest cent. Salary increases provided by this Section shall be given to all employees including those employees whose rates of pay exceed the maximum rate for their class. The compensation grids for classes covered by this Agreement are contained in Appendix E-2. Conversion to the new compensation grid shall not change an employee’s eligibility for step progression increases. 

Section 5. Progression. All increases authorized by this Section shall be effective at the start of the pay period nearest to the employee's anniversary date. 

Employees may receive a one (1) step salary increase annually on their anniversary date provided satisfactory performance is indicated by their Appointing Authority and the employee’s salary does not exceed the salary range maximum rate. 

With written notice to the employee, Appointing Authorities may withhold such step increases because performance standards have not been met or only marginally attained. Increases so withheld may subsequently be granted upon certification by the Appointing Authority that the employee has achieved a satisfactory level of performance. If an Appointing Authority fails to give the employee written notice, prior to the employee’s anniversary date, that a step increase is to be withheld because of less than satisfactory performance, the increase shall be granted. The substantive judgment of the employee’s supervisor regarding their performance is not grievable/arbitrable; however, the withholding of a step increase is grievable/arbitrable. 

Customized Training Representatives. See MN State supplement in Appendix G for progression language applicable to Customized Training Representatives. 

Section 6. Achievement Awards. At the Appointing Authority's discretion, an employee who has demonstrated outstanding performance may receive one (1) achievement award per fiscal year in a lump sum amount not to exceed one thousand dollars ($1,000.00) or a one (1) step in range adjustment. The receipt of an achievement award as a step increase shall not affect the timing of future progression increases. In no instance during a fiscal year shall achievement awards be granted to more than thirty-five percent (35%) of the number of employees authorized at the beginning of the fiscal year. 

The Appointing Authority may modify the distribution of achievement awards provided that the modifications do not increase the aggregate amount of money spent on achievement awards in a fiscal year. Achievement awards granted under this paragraph shall be in the form of lump sum payments only. Modifications may include but are not limited to the following: 

• dollar amount of awards, 

• percentage of employees eligible for awards and 

• "team awards". 

Employees may receive both an individual and a team achievement award in one (1) fiscal year. 

Appointing Authorities may establish Achievement Award Committees consisting of both Employer and employee representatives to recommend procedures and criteria consistent with the agency’s mission and objectives for the distribution of achievement awards. 

Section 7. Salary Upon Class Change. 

1. Promotion. Employees who are promoted during the life of this Agreement shall be granted a salary increase of at least one (1) step or shall be paid at the minimum of the higher range, whichever is greater. 

2. Voluntary Transfer. An employee who transfers within the same class shall receive no salary adjustment. An employee who transfers between classes shall receive the minimum adjustment necessary to bring their salary to the minimum of the range of the new class. However, an employee receiving a rate of pay in excess of the range maximum shall continue to receive that rate of pay. 

3. Voluntary Demotion. An employee who takes a voluntary demotion shall retain their present salary unless that salary exceeds the maximum rate of pay for the new position in which case the employee's salary shall be adjusted to the new maximum, or upon agreement between the employee and the Appointing Authority shall receive a salary within the range for the class to which the employee is demoted. However, an employee may continue to receive a rate of pay in excess of that maximum upon the recommendation of the Appointing Authority and approval of the Commissioner of Minnesota Management and Budget. 

4. Demotion in Lieu of Layoff. An employee who demotes as part of the layoff procedure in Article 17 of this Agreement shall retain their current rate of pay or the rate of pay at the top of the pay range of the class to which the employee demotes, whichever is less. 

5. Demotion for Cause. An employee who is demoted for cause shall receive a salary rate within the range for the class to which the employee is demoted. 

6. Return During Probationary Period. An employee who does not achieve permanent status and returns to their former class, shall have their salary restored to the same rate of pay the employee would have received had the employee remained in the former class. 

7. Reallocation Downward. If a position is reallocated to a class in a lower salary range and the salary of the employee exceeds the maximum of the new range, the employee shall be placed in the new class and shall retain their current salary. In addition, the employee shall receive all across-the-board increase adjustments provided by this Agreement. 

Section 8. Work Out of Class. When an employee is expressly assigned to perform substantially all of the duties of a position allocated to a different classification that is temporarily unoccupied, and the work out of class assignment exceeds ten (10) consecutive work days in duration, the employee shall be paid for all such hours at the employee's current salary when assigned to work in a class which is a transfer or demotion. For a class which is a promotion, an employee shall receive an increase to the minimum rate of the new class or at least one (1) step higher than the employee’s current salary, whichever is greater. When an employee is on a layoff list, the employee shall be paid as provided above or the maximum step previously achieved by the employee, whichever is greater.  

When the employee’s Work out of Class assignment is to a classification in a different bargaining unit or compensation plan, the employee is eligible to receive any pay differentials or premium pay associated with the classification, and overtime eligibility (if any) will be controlled by the terms of the bargaining unit or compensation plan covering the classification. 

No work out of class assignment shall extend beyond twelve (12) months. 

Section 9. Bilingual/Multilingual/Sign Language Differential (Pilot).  At the Appointing Authority’s discretion, position(s) that communicate with the public in a recognized and approved language other than English (including Braille or American Sign Language (ASL)), on a recurring or specific basis may be eligible for this differential. The use of an additional language must be used to perform an essential function of the position or to support specific events or projects. The required level of fluency is to be determined by the Appointing Authority, and the Appointing Authority may require certification in interpretation or translation, or in the use of Braille or ASL, as required by law or industry standards.   

1. Recurring Basis. Positions that utilize an additional language on a recurring basis to  

support an essential function of the position will receive a differential of fifty dollars ($50.00) per bi-weekly pay period.   

2. Specific events or projects. The Appointing Authority will describe the employee’s expectations for utilizing their additional language skill (translation, interpretation, or both), and whether the employee will be expected to perform additional language skills during specific events or for special projects.  If the additional language will be utilized only for specific events or projects, like public meetings or specific translation projects, the position will be paid a differential of $1 per hour for each hour performing those specific tasks, paid in .25 hour increments.   

If the Appointing Authority determines that the additional language skills are no longer needed, the bilingual differential may be ended at any time. If the employee is transferred, demoted, or promoted, to another position in which the bilingual skill has not been designated, or identified as a business necessity, the differential will cease. The effective date for discontinuation of the bilingual differential will be the first day of the next pay period following the new assignment.   

The determination by the Appointing Authority as to which positions are eligible for the bilingual differential, the frequency with which additional language skills are needed, or the discontinuation of the bilingual differential shall not be subject to the grievance or arbitration procedure. 

The Appointing Authority retains the right to contract out bilingual services as deemed necessary. 

This provision becomes effective upon the contract’s successful ratification by the legislature, and will sunset upon the ratification of the 2023 – 2025 contract. 

Section 10. Shift Differential. The shift differential for employees working on assigned shifts which begin before 6:00 A.M. or which end at or after 7:00 P.M. shall be sixty-five cents ($0.65) per hour for all hours worked on that shift. Such shift differential shall be in addition to the employee's regular rate of pay and shall be included in all payroll calculations, but shall not apply during periods of paid leave. 

If an employee requests and is approved by their supervisor to work before 6 A.M. or after 7 P.M., they shall not be eligible for the shift differential. Employees working the regular day schedule who are required to work overtime or who are called back to work for special projects shall not be eligible for the shift differential. 

Section 11. Injury on Duty. 

1. Hazardous Occupation Injuries. The parties recognize that employees working with residents, parolees, probationers or inmates of certain State institutions or facilities face a high potential for injury due to the nature of their employment. Therefore, an employee of the Department of Corrections, Department of Human Services, Minnesota State Academies for the Deaf and Blind, or Department of Veterans Affairs institutions (including Corrections Agents of the Department of Corrections) who, in the ordinary course of employment while acting in a reasonable and prudent manner and in compliance with the established rules and procedures of the Appointing Authority, incurs a disabling injury stemming from the aggressive, and/or intentional and overt act or consequences of such act of a person in the custodial control of the institution or which is incurred while attempting to apprehend or take into custody such inmate or resident, shall receive compensation in an amount equal to the difference between the employee's regular rate of pay and benefits paid under Workers' Compensation, without deduction from the employee's accrued sick leave. Such compensation shall not exceed an amount equal to two-hundred and forty (240) times the employee's regular hourly rate of pay per disabling injury. 

2. Other Job-Related Injuries. An employee may elect to use accumulated vacation or sick leave or both during a period of absence due to compensable illness or injury. Any employee incurring an on-the-job injury shall be paid the employee’s regular rate of pay for the remainder of the work shift. Such leave may be used on the following basis: 

1. Transfer of the Workers' Compensation benefits to the state to be credited to the employee's sick leave or vacation accrual in proportion to the amount of compensation received and accept sick leave or vacation time for the compensable sickness or injury; or 

2. Keep the Workers' Compensation benefits and supplement same from accumulated sick leave or vacation leave. 

In no event may the total rate of compensation exceed the regular compensation of the employee. 

Section 12. Health and Dental Premium Accounts. The Employer agrees to provide insurance eligible employees with the option to pay for the employee portion of health and dental premiums on a pre-tax basis as permitted by law or regulation. 

Section 13. Medical/Dental Expense Account. The Employer agrees to allow insurance eligible employees to participate in a medical and dental expense reimbursement program to cover co-payments, deductibles and other medical and dental expenses for services not covered by health or dental insurance on a pre-tax basis as permitted by law or regulation up to the maximum amount of salary reduction contributions allowed per calendar year under Section 125 of the Internal Revenue Code or other applicable federal law. 

Section 14. Dependent Care Expense Account. The Employer agrees to provide insurance eligible employees with the option to participate in a dependent care reimbursement program for work-related dependent care expenses on a pre-tax basis as permitted by law or regulation. 

Section 15. Deferred Compensation Plan. The Employer agrees to provide employees with a State-paid contribution to the deferred compensation program under Minn. Stat. 352.96. The State-paid contribution shall be in an amount matching the employee's contribution on a dollar for dollar basis as permitted by Minn. Stat. 356.24 not to exceed two hundred fifty dollars ($250.00) per employee in each fiscal year of the Agreement. 

An employee may choose to convert some or all of their compensatory time bank one time during each fiscal year at a time of their choosing so long as the total hours converted in a fiscal year do not exceed forty (40). 

Section 16. Health Care Savings Plan. All employees shall contribute 1% of their gross earnings subject to retirement into a personal Health Care Savings Plan account with the Minnesota State Retirement System each pay period. The contribution shall occur regardless of whether or not the employee’s position is retirement eligible. 

Section 17. Recruiting Incentive (Pilot). See Letter 14. 

Section 18. Employee Referral Incentive (Pilot). See Letter 14. 

Section 19. Equity Adjustments (Pilot). See Letter 14.