MAPE wins part-time job for member

MAPE won a part-time job for a 10-year member who was laid off by the employer. An arbitrator awarded the member the part-time position the member should have been offered instead of layoff, along with full back pay and benefits.

The employer abolished the member’s position. MAPE filed a grievance. After advice from Minnesota Management and Budget (MMB), the employer downgraded the member’s position to part-time. The member preferred accepting the part-time job over bumping. However, the employer wanted to use a memorandum of understanding to move the position to “extracurricular” duties for a teacher in the teacher’s bargaining unit and keep the member from accepting the part-time position.

The employer further denied the member’s right to bump. MAPE took the case to arbitration.

The employer argued that a teacher would be able to perform the duties as an “extra-curricular” assignment, as it had been done 20 years ago. MMB sidestepped its own administrative procedures to make this happen, which did not bode well with the arbitrator.

MAPE proved, through human resources' own documents that the position was at least part-time and should have been awarded to the member in lieu of a layoff. The employer also argued that there was a shortage of funds for the position. However, financial reports and board meetings historically proved there was not shortage and there was, in fact, a surplus the year our member was laid off.

The arbitrator ruled that neither of the employer’s arguments were valid.

Special thanks to steward Patty Rux, Local 1903, for her assistance with this case.