Employee Rights Committee

Arbitration Team Policy

Board of Directors Revision Date: 1/3/1995, 3/24/2006, 10/10/2008

Summary: To identify the composition of the MAPE Arbitration Team and the responsibilities of the MAPE First Vice President in the Arbitration Team process.

Related Information:

Policy:

  1. The MAPE Arbitration Team will consist of the Assistant Executive Director, the business agent staff, the First Vice President and appointed steward(s).

  2. The MAPE First Vice President, as chair of the Employee Rights Committee or its designee, shall serve as a voting member of the Arbitration Team.

  3. The MAPE First Vice President should make every effort to appoint the most appropriate steward (steward of record if available or most knowledgeable, hereafter: appointed steward) to serve as a voting member of the Arbitration Team when grievances or class action grievances of their concern are being considered by the Arbitration Team. If no steward from the grievant’s region is available, a steward from another region may be appointed.

  4. As feasible, every arbitration will have a steward present as a second or recorder. The steward present should be the steward of record if possible.

Arbitration Appeal

Delegate Assembly Revision Date: 10/10/2008
Board of Directors Revision Date: 1/3/1995, 6/18/2010

Summary: To identify the roles of the First Vice President, the Arbitration Team representative, the grievant and the appointed steward(s), and to identify the procedures used during an ERC Arbitration Denial Appeal hearing.

Related Information:

Policy:

  1. After receiving the final step determination:
    1. MAPE staff will contact the grievant within 10 days to determine if the grievant wishes to carry the grievance to arbitration.
    2. MAPE staff will file for arbitration.
  2. As soon as practical after contacting the grievant, the Arbitration Team shall meet to decide whether:
    1. To pursue arbitration and shall notify the grievant by certified mail as to their decision.
    2. Not to pursue the arbitration process, the Arbitration Team will include in its letter to the grievant, the process by which the grievant may appeal the Arbitration Team’s decision.
  3. The grievant may appeal in writing postmarked no later than 14 days from the receipt of the certified notice to the MAPE First Vice President.
  4. If an appeal is made, an appeal hearing will be scheduled to take place within forty-five (45) days of receipt of the appeal request.
  5. The MAPE First Vice President shall provide the grievant with written instructions as to how to proceed and the date of their hearing, within 14 days of the receipt of the appeal.
  6. Appointed steward(s): The MAPE First Vice President should make every effort to appoint the most appropriate steward (steward of record if available or most knowledgeable) to be paid a maximum of 16 hours lost time and mileage to assist the grievant in preparation and presentation of the appeal. Additional lost time for travel and/or other need may be requested and is at the discretion of the First Vice President). If no steward from the grievant’s region is available, a steward from another region may be appointed. The First Vice President will inform the grievant that documentary evidence to be referenced at the hearing is available upon request. The BA of record will be available to the appellant and assisting steward, for a reasonable amount of time, to answer questions after the Arb Team decision and prior to the ERC Appeal Hearing. One week prior to the hearing, the grievant shall provide to the First Vice President any additional documentary evidence that they wish to present at the appeal hearing one week prior to the hearing. If by the U.S. mail, it should be sent certified at MAPE’s expense. Lost time and mileage for the appointed steward is to be paid from the ERC budget. All the documentary evidence should be page numbered, dated and show authorship.
  7. The appeal hearing shall include a quorum of seven (7) or more ERC members, along with the grievant, the appointed steward assisting the grievant and the Arbitration Team representative (different than the Business Agent of record who represented the grievant). Others who may attend are appropriate MAPE stewards, appropriate MAPE staff, and other appropriate parties. The Business Agent of record will be available to provide factual information.
  8. The First Vice President shall provide a written notification of the committee’s recommendation to the executive Committee and the grievant within 7 days of the hearing.
  9. The First Vice President will present the recommendation of the ERC to the Board of Directors.

ERC Arbitration appeal presentation procedure

  1. All written materials are to be distributed at least one hour prior to the appeal hearing.
  2. Prior to the presentations, ERC members are given an opportunity to ask clarification and/or questions.
  3. Arbitration Team representative’s presentation – Max. 15 minutes
  4. Grievant’s presentation – Max. 15 minutes
  5. Questions from the committee
  6. Summation by Arbitration Team representative – 2 minutes
  7. Summation by grievant – 2 minutes
  8. Deliberation by committee (executive session)

Guidance for decisions on recommendations for or against arbitration:

  1. Nature of decision. The Employee Rights Committee’s (ERC) decision shall be either to recommend upholding a) the decision of the Arbitration Team not to seek arbitration of a grievance that has been denied, or b) to recommend that the decision of the Arbitration Team not be upheld and that the grievance be submitted for arbitration. The ERC shall base its decision on the information gathered during the grievance process and the appeal hearing before the ERC.
     

  2. Record of decision. If the decision of the ERC is to recommend that the Arbitration Team not be upheld, the ERC shall prepare a written explanation supporting its decision.
     

  3. Standard for decision. A determination to recommend that the decision of the Arbitration team not be upheld and to recommend that the grievance be submitted for arbitration should be made for cases that have the potential for a significant adverse effect on a member or members of the bargaining unit, or on the rightful interpretation of one or more contract provisions.
     

  4. Criteria. In deciding whether a grievance submitted for appeal has the potential for significant adverse effects, the ERC shall compare the effects with the following criteria:

    1. The type, extent and severity of the effect(s) on the member(s).
    2. The ability of the member(s) to respond to the effect(s) such that further, more serious effects can be or could have been avoided or prevented.
    3. The potential effects on other members which may occur in the future because of a failure to act.
    4. The extent to which the effects can be mitigated or prevented through appropriate interpretation or logical extension of specific contract provisions.
  5. Insufficient information. If the ERC determines that information necessary for a reasoned decision about the potential for, or significance of, potential adverse effects is lacking, and that such information can be reasonably obtained, the ERC may postpone the decision for not more than 30 days, in order to obtain the information. If the decision is postponed, the ERC shall provide a written description of the lacking information to the MAPE staff and grievant.

Class Action Grievance Appeal

Board of Directors Revision Date: 3/24/2008, 6/18/2010

Summary: To identify the roles of the First Vice President, the Arbitration Team representative, the class of grievants and the appointed steward(s), and the procedures used during an ERC Class Action arbitration denial appeal hearing.

Related Information:

Policy:

  1. MAPE staff will file for arbitration after receiving the final step answer.

  2. MAPE staff will present the grievance to the Arbitration Team and the team will make a recommendation as to their intent to arbitrate the issue or not.

  3. In the event that the Arbitration Team decides not to pursue the arbitration process, the team will within 14 days notify the MAPE First Vice President of their decision.

  4. The Employee Rights Committee will hear the decision of the Arbitration Team at the Employee Rights Committee’s next scheduled meeting. The decision of the Arbitration Team will be presented by a member or members of the MAPE staff. Up to three members of the aggrieved group may present an appeal to the Employee Rights Committee.

  5. Notifications regarding the disposition and status of class action grievances shall be distributed to the chief stewards for the purpose of dissemination at local meetings.

  6. The First Vice President will provide a written notification of the ERC’s recommendation to the Executive Committee within seven days of the hearing.

  7. The First Vice President will present the recommendations of the ERC to the Board of Directors.

Steward Certification and Revocation,
MAPE Communicator and Steward Training Notice

Board of Directors Revision Date: July 2010
Delegate Assembly Revision Date: 9/23-24/2016

Summary: Procedures to certify MAPE stewards, create MAPE communicators, track steward training and changes in steward status, and remove certification of stewards.

Related Information: Robert’s Rules of Order newly revised

Policy:

Steward/Communicator Affirmation Form:

  • The Steward/Communicator Affirmation Form allows for the designation of:
    • MAPE steward.
    • MAPE communicator.
  • And is to be signed by:
    • Members who complete basic steward training.
    • Current stewards or MAPE communicators who wish to change their designation.
  • Updates will be sent to the state by MAPE staff that reflects:
    • New stewards.
    • Change in status of existing stewards.
  • Updates will be sent to the chief steward and local leadership by the Statewide First Vice President that reflects:
    • New stewards.
    • New MAPE communicators.
    • Change in status of existing stewards and MAPE communicators.
    • Members with a signed Steward Affirmation Form on file at MAPE who wish to change their status must contact MAPE staff or the Statewide First Vice President and sign a new form. Upon receipt of the signed form, the Statewide First Vice President will take the appropriate steps to inform local leadership and ensure that changes are reflected in the steward lists.

Certification of Stewards:

  • Stewards shall be certified as agents of MAPE upon the successful completion of MAPE's beginning steward training course and by signing the Steward/Communicator Affirmation Form choosing the option of steward.
  • The state will be informed of the name and agency of affirmed stewards who have chosen to participate in grievance and investigation handling.
  • Members who complete MAPE's beginning steward training course and choose to be a MAPE communicator instead of a steward on the Steward/Communicator Affirmation Form will not have their names forwarded to the state.
  • The list of stewards on the MAPE website will be kept current.

Training Notice

At the point that members register for steward training of any level, the Statewide First Vice President will inform the chief steward of the member’s region. At the end of the scheduled training, the chief steward will again be informed of the members who completed training.

Revocation of Steward Certification:

  • All written complaints, filed against a steward and relating to a breach of MAPE Steward Code of Conduct, will be investigated by the Statewide First Vice President and the chief steward of that region, unless the chief steward is the subject of the complaint or the person lodging the complaint. The First Vice President will determine if the charges are founded and if the violation warrants action.

  • Complaints will be resolved informally unless the seriousness of the complaint could lead to removal of the steward’s certification. Examples of informal resolution include training, monitoring and counseling. If the First Vice President determines that the charges do not warrant suspension, the accused steward will be informed of the charges or the investigation.

  • The First Vice President may (if appropriate) suspend the activities of the steward before, during or after the investigation depending on the severity of the charges. If the steward is to be suspended, the First Vice President will inform the accused steward, in writing, of the suspension and the reason(s). The steward shall be advised they must immediately stop the performance of all steward duties pending the outcome of the investigation. The chief steward of the affected region and the State of Minnesota will be informed that the steward is not active and does not represent MAPE.

  • The First Vice President will present the results of the investigation to a decision team comprised of three Employee Rights Committee (ERC) members and two ERC alternates appointed by the first VP. This decision team will vote on whether the charges warrant loss of certification.

  • If the decision team by majority vote decides to revoke the steward’s certification, the First Vice President will inform the steward, in writing, of the revocation of their certification and the reason(s). The steward shall be advised they must immediately stop the performance of all steward duties. The chief steward of the affected region and the State of Minnesota will be informed that the steward is not active and does not represent MAPE. The letter will also advise the steward that they have 30 days from the date of the letter to appeal the revocation decision to the ERC. The request for appeal must be in writing to the First Vice President at the MAPE office.

  • If the decision team does not obtain a majority vote to revoke certification, the suspended steward shall be informed immediately and in writing that their suspension is lifted. The chief steward of the affected region and the State of Minnesota will be informed that the steward is active and does represent MAPE.

  • If no written request for a hearing before the ERC is received in the MAPE office within the allotted 30 days, the steward’s revocation of certification as a MAPE steward will be final and the state will be so informed.

  • All revocations will be reported to the ERC at the next ERC meeting. The chief steward of the revoked steward’s region will be immediately informed of the revocation by mail or e-mail.

Appeal to Employee Rights Committee (ERC)

If a steward who has had their certification revoked files a written appeal to the Statewide First Vice President at the MAPE office within 30 days of the date on the notice of revocation, the ERC will hear the appeal at its next scheduled meeting (if possible). The ERC will hear the appeal under the same rules as apply to an arbitration appeal, with the decision team presenting their findings. If the ERC votes (by majority exclusive of the decision team) to uphold the decision to revoke the steward’s certification, the steward's certification will be revoked. If the ERC votes (by majority exclusive of the decision team) to not uphold the decision team’s revocation, the steward will be reinstated as a MAPE steward.

Appeal to MAPE Board of Directors

If the ERC upholds the decision to revoke the steward’s certification, the member may appeal the decision to the MAPE Board of Directors at the next scheduled meeting (if possible).

Reinstatement:

  1. After one year and each year thereafter, a member who has had their steward certification revoked may make a request in writing to the statewide First Vice President for reinstatement as a certified steward.
     

  2. The First Vice President may reinstate a steward’s certification with approval of the ERC.

Regional Chief Steward Elections

Original Policy Approval Date: 11/21/2014
Board of Directors Revision Date:

Summary: Describes the Regional Chief Steward Elections Process.

Related Information: On December 19, 2003, the MAPE Board passed a motion of the MAPE Employee Rights Committee (ERC) to adopt the procedures for election rules for Regional Chief Stewards.

The attached rules (below) were passed. However, they were never put into a policy. The ERC requests that this policy be adopted, so that the elections process is clear and transparent.

Policy:

  1. Chief Steward Elections will be coordinated by the Statewide First Vice President. Protests will be supervised by the Statewide First Vice President.
     
  2. Chief Stewards will be elected only by stewards from within the region. Only those stewards that have been certified as completing Advanced Steward Training or who agree to go through it within the next two (2) offerings are eligible to be nominated as a Chief Steward.
     
  3. Chief Steward Elections will take place during the years where Local Officers are elected.
     
  4. Written notification of all stewards is to take place by April 15th.
     
  5. Elections will be held between May 1st and May 31st.
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  6. Should a regional vacancy occur; the Statewide First Vice President will initiate the election process to fill the vacancy as soon as possible.