MPCA meet and confer minutes April 5, 2018

Publish Date
Committees
Pollution Control (MPCA)

Minutes for the Meet and Confer Quarterly Meeting
April 5, 2018

Present:

Management: Commissioner John Linc Stine, Michelle Beeman, Kellie McNamara, Todd Biewen, Reena Solheid;

MAPE: Angela Preimesberger (final meeting minutes), Bill Wilde, David Wischnack, Anne Moore, Christina Sundgaard, Sandy McDonald (minute taker)

Agenda Items:
Respectful Workplace 1
Hotel room occupancy and professional memberships 2
Professional Memberships 3
Ethical/scientific concerns pilot 3
Supporting a diverse/inclusive workplace 3
TEMPO issues 3
Appendix (Respectful Workplace) 4
Appendix (Email on hotel sharing policy) 8

Respectful Workplace

  • In 2014 a bill was introduced to the legislature mandating the development of an anti-bullying policy. MMB worked with the unions on the policy rather than putting it into statute.
  • The joint labor/management team first met in June 2014. A final draft policy was shared with the unions in April 2015. The intent was to deliver a positive message about what is expected of all employees in a Respectful Workplace policy.
  • There seems to be concern among some MAPE members that Respectful Workplace is not clear because of the lack of definition of behaviors included in the policy (training covers from workplace violence to bullying to harassment).
  • MAPE acknowledges the Agency’s quick response on Governor Dayton’s directive on developing an anti-sexual harassment policy and posting it on the Lorax.
  • Sexual harassment and anti-bullying are often mentioned in the same policy by other organizations, therefore MAPE is requesting that the Agency take three actions related to greater transparency, accountability, and response (see, Appendix page for draft chronologies and written request shared with MPCA Meet and Confer Members):
  1. Create a Respectful Workplace intranet page similar to the sexual harassment page. This will increase awareness and acknowledge bullying as a threat to a healthy workplace and indicate the Agency’s commitment to not tolerate this behavior. The page should define terms and clarify processes and timelines.
  2. Request the Agency provide data for bullying complaints over the last five years, the same as provided for sexual harassment complaints. Conduct exit interviews including questions about whether staff have experienced or witnessed bullying. There may be instances where this has been dealt with informally, such as a staff member moving to a different Unit, and these instances may not be well tracked.
  3. Clarify timeframe of investigation with complainant including the start date of the investigation, expected end date, and resolution. This would help with transparency for complainants. Could there be time requirements assigned to the steps with communication at each step?
  • People are very fearful of retaliation and may not file a formal complaint because of this. Some bullying behavior may be subtle and difficult to identify until one looks for a pattern of behavior; retaliation is not permitted and followed up on by HR.
  • It may be helpful to clarify who staff should contact first with a complaint. Is there a specific contact within HR or should they contact a MAPE steward? Regional folks may have a harder time feeling comfortable reaching out to HR in St. Paul.
  • Commissioner Stine wants to review the Respectful Workplace issue and the three MAPE requests with the management team. He also wants to think about this in terms of inclusivity as part of the goal and calling out and addressing negative behaviors.
  • Commissioner Stine requested HR look into what Corrections and other Agencies doing about respectful workplace outreach, responses and what’s working?
  • Kellie will ask the other bargaining units for their feedback also.
  • Corrections clearly defined the behaviors needed for a Respectful Workplace and there was a lot of training. There was also a formal process of investigation.

Hotel room occupancy and professional memberships
Sharing hotel rooms

  • Staff in travel status sometimes feel pressured to share hotel rooms. There were many instances of this brought forward by staff who spend a lot of time on the road during the field sampling season.
  • The MAPE contact language states, “Normally, employees will be offered single-occupancy lodging when in travel status.”
  • The application of the contract language has not been consistent across the agency.
  • EAO leadership has been discussing this. Dana Vanderbosch discussed this with her Supervisors to let them know that sharing rooms is not an expectation. No one should feel pressured to do this. Dana has written a message to her leadership team to clarify application of the contract language, which Todd will share for the minutes (see, Appendix).
  • If staff are comfortable sharing a room, it is allowed.
  • This will be discussed with all Division Directors.
  • Encourage staff to report unwanted pressure to share rooms.
  • The agency still has the discretion under the contract to request employees share rooms if it becomes necessary for some reason. Supervisors should discuss the need for this with Managers. Staff should be aware of the situation ahead of time.
  • Although, MAPE considers making exceptions to the expectation that no one has to share a hotel room problematic without a very clear, consistent policy on these exceptions.
  • Commissioner Stine also wanted to reiterate the fact that Respectful Workplace also applies while in travel status.

Professional Memberships

  • Is there consistency across Divisions for whether the Agency will pay for staff professional memberships?
  • EAO evaluates whether the membership is of benefit for the Agency. Those types of memberships are supported.
  • There is no specific Agency policy other than asking whether a membership makes good business sense for the Agency.
  • Shannon Lotthammer recently sent an email on the topic to EAO staff.
  • More information will be shared by email or next Meet and Confer.

Ethical/scientific concerns pilot

  • There has been some outreach on this topic and MAPE requests MPCA Senior Leaders continue to remind staff of this process and benefits to use.
  • So far only two people have used the process so it might be too early to review with HRMT.
  • There is no set deadline for the pilot to end.

Supporting a diverse/inclusive workplace

  • MAPE is willing to support this effort.
  • There is a new Lorax page underdevelopment by MPCA Senior Leaders/HR for this issue.
  • The Intercultural Development Inventory questionnaire will be sent to staff by Division so that results can be discussed at each Division meeting in the May to October timeframe.
  • What ideas do staff have about what would sustain an inclusive workplace? Management would like feedback on this from MAPE members. What is needed to make this a welcoming environment for all?(needs MAPE team members)

TEMPO issues - Tabled for next meeting

Appendix (Respectful Workplace)

Meet & Confer 5 April 18

Chronology: Sexual harassment [policy review and outreach]

Nov. 13, 2017 GMD directed MMB to review, make sexual harassment policies, training consistent across Enterprise

Nov. 14, 2017 Minnpost: Minnesota agencies' inconsistency in handling sexual-harassment complaints leaves many offenders lightly punished https://www.minnpost.com/politics-policy/2017/11/minnesota-agencies-inco...

Nov. 30, 2017 State’s policy https://mn.gov/mmb-stat/policies/1329-sexualharassment-prohibited.pdf
Date issued: 6/17/1996
Date revised: 2/12/2016
Rebrand date: 11/30/2017 (no change to policy content)
“All complaints of sexual harassment will be taken seriously, and prompt and appropriate action taken.” “Timely and appropriate corrective action will be taken when there is a violation of this policy.”

Agency created an intranet page
defines sexual harassment
how to report
what happens behind the scenes if a person files a complaint
who would know about the complaint
more info, links to the agency’s and state’s harassment policies
“the MPCA is committed to a harassment free workplace, and it’s the right thing to do”

Jan. 26, 2018 MMB issued “Sexual Harassment Policies and Procedures” report https://mn.gov/mmb-stat/reports/2018/sexual-harassment-prevention-policy...

Minnpost: State of Minnesota: 135 substantiated complaints of sexual harassment over last seven years;
MPCA: 5 of 266 submitted complaints Enterprise-wide

SH gained a lot of media attention and public awareness / response
MeToo, #TimesUp
Very powerful cultural shift
Playing out in many arenas

Chronology: Bullying / respectful workplace

March 2014 Rep. Ryan Winkler’s House File 2157 (bullying bill) passed the House and was referred to the State Government Finance Committee. It called for a workplace bullying policy, bullying definition and related reporting processes and procedures. (Later withdrawn in favor of development of an MMB policy.)

June 2014 MMB established a policy development team (agency HR director, MMB HRM, Labor Relations, EAP); first meeting. Conducted research, other states’ legislation related to healthy workplaces, anti-bullying).

April 2015 MMB, MAPE announce Respectful Workplace Policy #1432 (link from https://lorax.pca.state.mn.us/policies-and-guidance under HR Ethics and conduct) https://mn.gov/mmb/assets/1432-respectful-workplace-policy_tcm1059-23371...

From the policy:
Page 1: As with all allegations of misconduct, informal resolution and formal investigatory processes related to this policy will be conducted in a timely, fair, and objective manner.

Page 3: Behavior that a reasonable person would find to be demeaning, humiliating, or bullying.

Page 3: As a matter of best practice, the agency or Human Resources office receiving the complaint made pursuant to this policy is encouraged to acknowledge receipt of any complaint in writing, to the complainant, with a statement that would include…

MPCA/Kellie McNamara, March 30, 2018: “The policy was developed intending that, wherever possible, it delivers affirmative messages about what we value, our expectations of all employees, and what those expectations matter.”

June 2015 Lt. Gov. Tina Smith attended a MAPE bullying prevention training from a leading authority on workplace bullying and recognized MAPE for “leading the nation” and said she is committed to holding bullies accountable.

April 2016 MMB Enterprise Human Resources email to HR Directors and Designees referring to March 31 announcement of a new, mandatory Respectful Workplace video training for supervisors and staff. NOTE: The training is still not available.

Oct 2016 Gov. Mark Dayton declared October as National Bullying Prevention Month in Minnesota Lt. Gov. Tina Smith attended the second MAPE bullying prevention training and re-affirmed her commitment to ensuring the policy’s effectiveness.

Dec 2017 MAPE conducted a “climate survey” at DNR (95% confidence level. Its results are consistent with national research.) This document has not yet been publicly released.

Key findings: 22 respondents have experienced bullying at work
Nearly half know of someone who has left / considering leaving due to bullying behavior

April 2018 Meet & Confer

1) Create a respectful workplace/bullying intranet page similar to sexual harassment

Rationale: Bullying, though not illegal, is on the same behavior continuum of what is not acceptable at work. Sexual harassment and bullying web pages would be almost mirror images of each other. Publicly acknowledging bullying as a true threat to a healthy workplace indicates the agency’s commitment, stated or implied, to its intolerance of it. Kellie wrote that, “The policy was developed intending that, wherever possible, it delivers affirmative messages about what we value, our expectations of all employees, and what those expectations matter.”

Goal: A transparently healthy workplace that provides helpful information, resources, support and training.

Action steps: Create the intranet page. Define terms, processes and timelines. The policy’s language, “prompt”, “timely” and “appropriate,” are not defined and should be. Continue to provide Respectful Workplace training with the MMB video component when available.

2) Provide data for all bullying complaints, or complaints containing bullying behavior, filed during the past five years

Rational: Same timeframe request as was filed for sexual harassment (five at MPCA of 266 filed Enterprise-wide).

Goal: Staff are aware of agency’s workplace-related complaints and resolutions. Reductions over time show its commitment to providing a healthier workplace.

Recommendations: Consider using MAPE’s definition of bullying (targeted to an individual or group, is ongoing and has detrimental emotional/physical and/or psychological effects) to help determine whether alleged conduct is bullying. Conduct exit interviews that include whether or not staffer experienced and/or witnessed bullying behavior.

Action step: Provide bullying complaint and bullying-related data as requested.

3) Clarify, and communicate to the complainant, the timeframe the agency’s investigation will require:

  • From initial complaint through decision of next steps or other finding.
  • Start date of investigation and expected end date.
  • Resolution.

Rationale: Complainants do not have any idea about how long the process may take. The agency requires a 180-day turnaround for permits; can HR make the same commitment?
Transparent communication between HR and the employee is, in itself, respectful.
The Department of Corrections acknowledges receipt of the complaint to the complainant within 30 days. Their HR communicates with the complainant weekly until the matter is resolved.

Goal: Increased respectful communication between agency and complainants

Action step: Implement DOC or similar communication process.

Appendix (Email on hotel sharing policy)

From: Vanderbosch, Dana (MPCA)
Sent: Tuesday, April 10, 2018 10:54 AM
To: #MPCA_EAO SURFACE WATER MONITORING SECTION EAOWATERMONITORINGSECTION.MPCA@state.mn.us
Cc: Biewen, Todd (MPCA) todd.biewen@state.mn.us
Subject: Hotel stays

Hi everyone,

Recently, the question as to whether or not staff need to stay in hotel rooms together when they’re in travel status has come up. I thought I’d address this question in a broader e-mail to the whole section, so that you’re all hearing the same message.

The MAPE contract states: “Normally, employees will be offered single-occupancy lodging when in travel status. The decision whether or not to grant the request is at the discretion of the Appointing Authority.” The AFSCME contract does not address occupancy for lodging. Currently, MPCA’s position is that when you’re in travel status (for field work, a conference or other work-related reason), we will offer you a single-occupancy hotel room. There is no rule, policy or expectation that you bunk with your colleagues, and you should not feel pressured to do so. Staff that wish to double-up in a room, and are in agreement on this, can do so. This expectation holds for full-time permanent staff, as well as seasonal field staff.

Reserving rooms for overnight stays is managed differently from unit to unit. In some cases, staff set their own reservations, and in other units a single person sets the reservations for a field crew and that person would need to know if you wish to share a room. For this reason, I’ve asked each unit supervisor to bring up hotel stays in units meetings, so that you can discuss together how you can communicate a wish to share a room with a co-worker.

If there is a concern about a lodging situation, EAO leadership should be notified. Staff should know that EAO sups, managers and director are ready to listen on this issue.

It’s also a good time to remind you that our respectful workplace expectations apply when in travel status and out in the field. Sharing rooms and socializing outside work hours is a great way to build comradery and have some fun after work, but please be mindful of maintaining professional boundaries in your interactions with each other.

Please let me know if you have any questions about this message or if you want to talk about this issue further.

Dana

Dana Vanderbosch
Manager
Surface Water Monitoring Section
Environmental Analysis and Outcomes Division
(651) 757-2601