Employee Rights Committee
Arbitration Team Policy
Board of Directors Revision Date: 1/3/1995, 3/24/2006, 10/10/2008, 10/16/2020
Summary: To identify the composition of the MAPE Arbitration Team and the responsibilities of the MAPE Vice President in the Arbitration Team process.
- The Arbitration Team will consist of the Enforcement Business Agents, the MAPE Statewide Vice President and steward of record.
- The MAPE Statewide Vice President, as chair of the Employee Rights Committee or its designee, shall serve as a voting member of the Arbitration Team.
- The MAPE Statewide Vice President should make every effort to appoint the most appropriate steward (steward of record if available or most knowledgeable) 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.
- As feasible, every arbitration will have at least one steward present. The steward present should be the steward of record if possible.
Delegate Assembly Revision Date: 10/10/2008
Board of Directors Revision Date: 1/3/1995, 6/18/2010, 8/16/2019
Summary: The Arbitration team shall consist of Enforcement Business Agents, Steward(s) of record, and the MAPE Statewide Vice President. This policy shall identify the procedures used during an Employee Rights Committee (ERC) arbitration Appeal Hearing.
If a grievance is not resolved through the steps of the grievance process, it ultimately gets moved to MMB (Minnesota Management and Budget). Unless the grievance is settled or the grievant wishes not to arbitrate, the grievance shall go through the following process to determine whether MAPE will arbitrate a case.
1. The Arbitration Team shall vote whether to arbitrate the grievance using a majority vote.
- If approved for arbitration, the grievant is notified and arbitration is scheduled.
- If denied for arbitration, notification shall be sent to the grievant via electronic mail with a read receipt and delivery receipt as to the Arbitration Team’s decision. If the grievant does not have a home email address on file, the letter shall be sent via certified mail.
The grievant may appeal in writing no later than 14 days from the receipt of the notice to the MAPE Statewide Vice President.
2. 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.
3. The MAPE Statewide 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.
4. Appointed steward(s): The MAPE Statewide 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 MAPE Statewide Vice President). If no steward from the grievant’s region is available, a steward from another region may be appointed.
The MAPE Statewide Vice President will inform the grievant that documentary evidence to be referenced at the hearing is available upon request. The Enforcement Business Agent of record will be available to the appellant and assisting steward, for a reasonable amount of time, to answer questions after the Arbitration Team decision and prior to the ERC Appeal Hearing.
One week prior to the hearing, the grievant shall provide to the MAPE Statewide Vice President any additional documentary evidence that they wish to present at the Appeal Hearing one week prior to the hearing via electronic mail or U.S. mail. 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.
5. The Appeal Hearing shall include a quorum of seven (7) or more ERC members, along with the grievant, the steward of record assisting the grievant and the Arbitration Team representative (different than the Enforcement Business Agent of record who represented the grievant). The Enforcement Business Agent of record will be available to provide factual information.
6. The MAPE Statewide Vice President shall provide notification of the committee’s recommendation to the Executive Committee and the grievant within seven days of the hearing. In the case of a Class Action Grievance Appeal, the presenting grievants shall receive such notification.
7. The MAPE Statewide Vice President will present the recommendation of the ERC to the Board of Directors at the next scheduled board meeting
ERC Arbitration appeal presentation procedure
- All written materials are to be distributed at least one hour prior to the appeal hearing for review
- Arbitration Team representative’s presentation – maximum 15 minutes
- Grievant’s presentation – maximum 15 minutes
- When a Class Action Grievance Appeal is being presented, up to three members may present.
- Questions from the committee
- Summation by Arbitration Team representative – two minutes
- Summation by grievant(s) – two minutes
- Deliberation by committee (executive session)
- Decision by majority vote
Guidance for decisions on recommendations for or against arbitration:
1. Nature of decision. The ERC’s 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 to the Executive Committee.
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(s) of the bargaining unit, or on the rightful interpretation of one or more contract provisions and the merits of the case based on the evidence provided
4. Insufficient information. If the ERC determines that information necessary for an informed decision is not available at the time of the hearing, and that such information can be reasonably obtained, the ERC may postpone the decision for not more than 30 days. If the decision is postponed, the ERC shall provide a description of the requested information to the Enforcement Business Agent, Steward of record and grievant.
Steward Affirmation, Revocation, and Reinstatement Policy
Board of Directors Revision Date: July 2010, October 2020
Delegate Assembly Revision Date: 9/23-24/2016
Summary: Procedures to affirm MAPE stewards, track changes in steward status, and revocation of steward designation.
Steward Affirmation Form:
The Steward Affirmation Form allows for the designation of a MAPE steward after completing basic steward training. Stewards shall make the recommitment of their representational role by signing Affirmation Forms in each region bi-annually.
Affirmation Forms and steward status updates will be sent by the Chief Steward to the MAPE office to include change in steward status and steward contact information.
Revocation of Steward Designation:
- All complaints, filed against a steward and relating to a breach of the MAPE Steward Code of Conduct, shall be submitted in writing. Such complaints will be investigated by the MAPE Statewide Vice President, a member of the Judicial Committee (Article 12) and the chief steward of that region. If the chief steward is the subject of the complaint or the person lodging the complaint, the MAPE Statewide Vice President along with the MAPE Statewide President will determine if the charges are founded and if the violation warrants action. Results of findings shall be documented.
- A statement of charges;
- A summary of the evidence in support of the charges;
- A summary of the evidence in refutation of the charges;
- A finding of facts;
- A conclusion of proceedings;
- The assessment of a penalty, if any; or an order setting aside or modifying a previously imposed penalty.
- The named steward shall be notified by the MAPE Statewide Vice President of the complaint in writing. If the MAPE Statewide Vice President, in consultation with the chief steward of the region and/or MAPE Statewide President, find no merit to the complaint, it shall be dismissed.
- The MAPE Statewide Vice President will determine if complaints will be resolved informally unless the seriousness of the complaint could lead to removal of the steward’s designation. An example of an informal resolution includes training. Individuals are encouraged to informally resolve concerns whenever possible. Possible resolutions may be reached through facilitated discussions, or agreements reached, including but not limited to counseling and mentoring.
- The MAPE Statewide Vice President, in consultation with the chief steward of the region, or the MAPE Statewide President, may (if appropriate) suspend the activities of the steward before, during or after the investigation depending on the severity of the charges. The MAPE Statewide Vice President, chief steward of the affected region and member of Judiciary Committee must vote on actions to be taken as a result of findings. The MAPE Statewide 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 will be informed that the steward is not active.
- The MAPE Statewide 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 MAPE Statewide Vice President. This decision team will vote on a majority basis whether the charges warrant loss of steward designation.
- If the decision is to revoke the steward’s designation, the MAPE Statewide Vice President will inform the steward, in writing, of the revocation 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 designation is revoked. 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 MAPE Statewide Vice President at the MAPE office.
- If there is not a majority vote to revoke designation, the steward shall be informed immediately and in writing that their suspension is lifted.
- If a written request is not received in the MAPE office within the allotted 30 days, the steward’s revocation of designation will be final. The chief steward of the revoked steward’s region will be immediately informed of the revocation by mail or e-mail. All revocations will be reported to the ERC at the next ERC meeting.
Appeal to Employee Rights Committee (ERC
If a steward who has had their designation revoked files a written appeal to the MAPE Statewide 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 designation, the steward's designation 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 designation, the steward may appeal the decision to the MAPE Board of Directors at the next scheduled meeting (if possible).
- On an annual basis, a member who has had their steward designation revoked may make a request in writing to the Statewide Vice President for reinstatement.
- The MAPE Statewide Vice President may reinstate a steward’s designation with majority approval of the ERC.
Regional Chief Steward Elections
Original Policy Approval Date: 11/21/2014
Board of Directors Revision Date: 8/16/2019
Summary: Describes the Regional Chief Steward Elections Process.
- Chief Steward Elections will be coordinated by MAPE’s Statewide Vice President
- Chief Stewards will be elected only by stewards from within the region. Only those stewards that have been certified as completing Advanced Steward Training are eligible to be nominated.
- Chief Steward Elections will take place during the years where Local Officers are elected and shall follow the approved timetable for elections for Local Officers.
- Written notification shall be sent by MAPE’s Statewide Vice President prior to the opening of the nominating period to all stewards in regions that are open for elections.
- Should a regional vacancy occur, the MAPE Statewide Vice President will initiate the special election process to fill the vacancy as soon as possible.