Governance

Board Governance Style

Delegate Assemble Revision Date: 12/13/1996
Board of Directors Revision Date: 4/16/2010

Summary: Governance style of the Board of Directors.

Related Information:
Policy:
The Board of Directors will approach its work with a style that emphasizes strategic leadership over administrative detail, with an eye on the future.

In this spirit, the Board of Directors will:

  1. Focus chiefly on issues that impact policy, less on the administrative or programmatic means of attaining those results.
  2. Direct, control and inspire the organization through the careful establishment of the broadest organizational values and perspectives, in clearly stated policies. Policies will address:
    • Results: which needs will be met at what cost.
    • Executive parameters: boundaries of prudence and ethics to be observed by staff.
    • Governance process: the Board role and responsibilities.
    • Board/Statewide Officers/staff relationship: linkage between Board and staff.
  3. Enforce reasonable discipline if needed.
  4. Be accountable to the MAPE membership for competent, conscientious, legal and ethical fulfillment of its obligations.
  5. Monitor and regularly discuss the Board’s own process and performance.
  6. Ensure the continuity of Board improvements though regular record keeping.
  7. Be an initiator of proactive policy and representation.

Role of the Board

Delegate Assembly Revision Date: 12/13/1996
Board of Directors Revision Date: 4/16/2010

Summary: Role of Board of Directors.

Related Information: Constitution and Bylaws.

Policy:

The job of the Board is to provide ongoing grassroots leadership and direction to MAPE by developing guidelines, policies and procedures that promote achieving MAPE’s mission and fulfills MAPE’s vision.

Consequently, the contributions of the Board will be to:

  1. Provide the link between the MAPE leadership and the membership.
  2. Write and follow governing policies that address:
    • Results: organizational services, impacts, benefits, outcomes.
    • Executive parameters: constraints on executive authority that establish prudent and ethical boundaries which include executive activity and organizational decisions.
    • Board/Statewide Officer relationship: how authority is delegated and monitored.
    • Governance process: specifically how the board conceives carries out and monitors its own tasks.
  3. Assure performance of Statewide Officers.

Code of Conduct

Board of Directors Revision Dates: 3/30/2007, 4/16/2010, 4/17/2015, 1/19/2018
Delegate Assembly Revision Date: 9/23-24/2016

Summary: Guidelines for MAPE Board of Directors, Board of Trustees, stewards, local and statewide officers, and local and statewide committee member conduct.

Related Information:
Policy:
Represented employees expect and deserve ethical and businesslike conduct from their elected and appointed leaders. Proper use of authority and appropriate decorum in group and individual behavior when acting as Board members, stewards, officers and committee members is essential to fulfilling this obligation.

With this understanding, Board of Directors, Board of Trustees, stewards, local and statewide officers, and MAPE local and statewide committee members agree to:

  1. Maintain un-conflicted loyalty to the interests of MAPE members. This accountability supersedes any conflicting loyalty such as that to advocacy or interest groups, and membership on other boards or staffs. It supersedes the personal interests of any Board member acting as an individual consumer of MAPE’s services.

  2. Avoid conflict of interest with respect to their fiduciary responsibility:

    • There must not be self-dealing or any conduct of private business or personal services between any Board member, steward, officer or committee member and MAPE, except where openness, competitive opportunity and equal access to “inside” information can be assured.
    • Board and committee members, stewards and officers shall not use their positions to obtain employment within MAPE for themselves, family members or close associates.
    • Should a Board or committee member, steward or officer be considered for employment by MAPE, they must temporarily withdraw from Board deliberation and voting (in the case of a Board member), and shall be denied access to Board information beyond that available to all applicants.
  3. Recognize that no individual Board or committee member, steward or officer has the authority to speak or act on the behalf of the body in interactions with MAPE staff, the public, press or other entities without prior, documented permission from the respective body.
  4. Work through the appropriate staff supervisor in the event of a complaint against a MAPE staff person so as to protect staff contractual rights.

  5. Will not publicly disclose confidential information obtained during the execution of official duties that could be harmful to MAPE, its officers or its staff.

  6. Oppose workplace bullying and work to eliminate its occurrences both within the workplace and MAPE. Workplace bullying refers to repeated, unreasonable actions of individuals (or a group) directed towards an employee (or a group of employees), which are intended to intimidate, degrade, humiliate, or undermine; or which create a risk to the health or safety of the employee(s). Workplace bullying does not include any lawful concerted actions directed against an employer.

  7. MAPE officers and stewards are encouraged to disclose to the MAPE Executive Director and MAPE Statewide President any family or business relations with MAPE staff or other officers or stewards with whom they are working directly on MAPE work. For example, a relative representing another relative in a grievance case, or a relative working directly with another relative on a MAPE committee, these examples are not intended to be exhaustive. The MAPE Executive Director and MAPE Statewide President will work to avoid the conflict or appearance of a conflict of interest without discriminating against any individual.

  8. With respect to Board and committee decisions, members who become aware of circumstances that pose an actual or potential conflict of interest must recuse themselves from the decision-making process and take no part in the discussion of the matter or vote. If the member advises the committee or President that he/she wishes to be recused from the decision-making process, the President will honor the member’s decision and the recusal will be noted in the record.

Hiring

Board of Directors Revision Dates: 3/30/2007, 4/16/2010, 3/15/2013, 4/21/2017
Delegate Assembly Revision Date: 9/23-24/2016

Summary: Hiring practices and procedures.

Related Information:

Policy:

MAPE is an equal opportunity employer and does not discriminate in its hiring practices on the basis of race, color, national origin, creed, religion, political belief, sex, marital status, and sexual preference/orientation, status with regard to public assistance, age or disability. MAPE’s hiring procedures are designed to ensure that the best qualified candidate is hired for the job.

MAPE embraces a well-reasoned affirmative action program which welcomes diversity. This includes a diverse workforce free of discriminatory practices. Additionally, MAPE’s goal is to promote a totally hostile-free work environment.

Vacancies:
Vacancies will be announced in all of MAPE’s publications, including the website for 30 days to provide MAPE members the opportunity to apply for any vacancy. The position description and minimum qualifications will be included in the announcement.

In addition, the vacancies will also be advertised in one or more of the following as well as national publications as desired:

DEED
Star Tribune
St. Paul Pioneer Press
Labor Publications
Publications with high minority circulation
Women’s Press

MAPE Staff Organizational Chart
MAPE Staff Organizational Chart

Temporary and Emergency Employees:

The MAPE Executive Director is authorized to take whatever action is required to meet the temporary or emergency staffing objectives to ensure the well-being of the Association.

Recommended qualifications:

All staff positions shall have current written position descriptions. The Board will approve all position descriptions, both current position descriptions that are altered and new position descriptions. These will define the duties and responsibilities of each position and the required skills, knowledge and abilities necessary to successfully perform the required duties. All new positions will have a salary grid approved by the Board.

Selection Committee Formation:

For the positions not hired exclusively by the Executive Director, the President shall form a Selection Committee which shall include the Executive Committee, the Chair or designated representative of the Diversity Committee and the Director of the division where the vacancy has occurred. The President may also appoint two additional members, except when hiring for the Executive Director position, in which case additional appointees at-large shall be two Directors from the board and one each from the Local Presidents Committee and the Government Relations Committee.

The Selection Committee shall select and recommend three (3) candidates to the President and the Executive Director for their consideration. Positions shall be filled in conformity with the MAPE/OPEIU Local 12 contract, if applicable. If two or more candidates are equal in terms of knowledge, skills and abilities, as determined by the selection committee, and one or more candidates are MAPE members, a MAPE member shall be forwarded to the Board of Directors with a recommendation to hire.

For the positions of Business Manager, Director of Member Representation and Services, and Director of Public Affairs and Communications, the top candidate will be referred to the Executive Director. The President shall be at the interviews with the Executive Director. The Executive Director will make a recommendation to hire to the Board of Directors for approval. Following Board approval, the Executive Director will make the offer of employment to the successful candidate.

  1. All candidates to be interviewed, including MAPE members, must meet the minimum qualifications for the position. MAPE activism/membership will be considered a positive factor in the process and may substitute for qualified experience. If MAPE creates an on-the-job training opportunity in lieu of qualified experience, MAPE member applicants will be given priority status. Non-selected MAPE members shall be notified in writing at the point the interview pool is formed if they are not going to be offered an interview.

  2. All applications become the property of MAPE and will be kept on file for six (6) months. If a new vacancy occurs, the top five applicants on file may be notified of the vacancy and given a chance to update their application.

  3. All interviewed applicants who are not referred for consideration to the President and Executive Director will be notified in writing within one (1) week of the acceptance of the position by the successful candidate. Applicants referred for consideration to the President and Executive Director that are not forwarded to and approved for hire by the Board of Directors will be notified in writing within one (1) week of acceptance of the position by the successful candidate.

Interview:

  1. The Selection Committee shall develop a list of interview questions.

  2. All candidates will be asked the same prepared questions. The Committee members may ask other relevant questions as needed.

  3. The Committee will develop a method for rating all aspects of the interview/application process prior to the interviews. Every effort shall be made to interview all candidates on the same day.

  4. After completing the interview process, the Committee will discuss and evaluate the qualifications of each candidate. The Committee will consider interview responses, experience, writing samples, and references. The three (3) candidates with the highest combined scores will be referred to the President and the Executive Director for consideration. For the position of Executive Director, the top candidate will be forwarded to the Board of Directors with a recommendation to hire. Following a positive majority vote by the Board of Directors, the President will make the offer of employment.

  5. If deemed necessary, second and third interviews may be conducted.

  6. The President and the Executive Director will be responsible for ensuring that references are thoroughly checked prior to any offer of employment. In the case of hiring for the Executive Director position, the President will assume the responsibility.

Positions filled through the Selection Committee recommendation and Board approval process:

Executive Director   
Business Manager 
Member Representation and Services Director
Public Affairs and Communications Director
Business Agents
Organizer
Communications Coordinator
Public Affairs Coordinator
Assistant Communications Coordinator
Senior Communications Advisor

Positions filled by the Executive Director:

The following positions may be filled by the Executive Director and he/she will report the results to the Board of Directors at the next scheduled meeting following the completion of the hiring process. When positions they supervise are involved, the appropriate Division Director will participate in the hiring process.

Administrative Assistant
Financial Specialist 
Administrative Specialist
Membership Database/IT Specialist
Accounting Assistant

Board of Directors Approval:

The Board will be provided with the successful candidate’s credentials and the recommendation. The Board will accept or reject the recommendation by a majority vote. Following Board of Directors approval, the Executive Director or the President will make the offer of employment.

The Board may require that the selected candidate be presented to them and stand for questions at the scheduled Board meeting closest to the selection or at the next meeting of the Board.

Election

Original Policy Approval Date: 9/23/2011
Board of Directors Revision Date: 5/16/2014
Delegate Assembly Revision Date: 9/19-20/2014

Summary: Supplements the Governing Documents.

Related Information: MAPE Governing Documents

Policy:

  1. This policy supplements the Governing Documents. If there is a conflict, the Governing Documents prevail.
     
  2. In this policy, “election committee” refers to both the statewide Elections Committee and local election committees.
     
  3. The election committee, or MAPE staff with election committee approval, will design the ballots in accordance with the governing documents and this policy.
     
  4. The chair of the statewide Elections Committee, or a chair-designated member of that committee, will review ballots designed by local election committees and staff.
     
  5. The chair of the Constitution and Rules Committee, or a chair-designated member of that committee, will review ballots designed by the statewide Elections Committee. This is an advisory role supporting the Elections Committee chair.
     
  6. Sample ballots and supplemental instructions will be posted on the MAPE website, and local officers will be notified of the posting, before the ballots are mailed to members.
     
  7.  Ballot Design Checklist:
    1. Decide what’s most important. Page layout and text sizes should support information hierarchy:
      1. ​​​​​​​The ballot title should be more prominent than any one contest.
      2. A contest header should be more prominent than its candidates’ names.
    2. Ballot instructions should be brief, simple and clear:
      1. Place specific instructions and related actions together
      2. Put one instruction per line.
      3. Tell voters how they can correct a mistake. For example:
        1. In a non-preferential voting race: “If you incorrectly mark a box, draw a heavy line through the incorrectly-marked candidate’s name and voting box and, if you wish, mark the voting box of your preferred candidate.”
        2. In a preferential voting race: “If you incorrectly mark a box, cross out the number in the incorrectly marked voting box and, if you wish, put your desired number next to the box.”
      4. Don’t split contests:
        1. List all candidates for the same race on the same page and in the same column.
      5. ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Make sure ballot design is consistent:
        1. ​​​​​​​​​​​​​​​​​​​​​Use consistent format and style for every contest and voting action.
        2. Use consistent font type, letter-size, and shading for all contests.
        3. Place voting boxes on the left side of the candidates’ names.
      6. Make ballots easy to understand visually:
        1. Left-align text.
        2. Display all text in mixed case, rather than all capital letters
        3. Use a simple, easy-to-read sans-serif font with clean strokes, such as Arial, Univers, or Verdana.
        4. Bold and/or shade certain text, such as office names.
        5. Do not indicate incumbency status or agency.
        6. Do not include term length.
      7. Separate races by voting method:
        1. Put preferential-voting races and non-preferential voting races on separate pages.
        2. Include an example of correctly marked voting boxes on each page.
        3. Include method-specific instructions on voting and on correcting a ballot on each page.
      8. If personal statements are not on the same sheet of paper as instructions, include a cover page with personal statements so no candidate’s statement appears to be on the cover of a personal-statement brochure.

Executive Limitations

Board of Directors Revision Date: 8/7/1998
Board of Directors Revision Date: 4/16/2010

Summary: Guidelines for general executive restraint.

Related Information:

Policy:

The members of the Executive Committee will not cause or allow any practice, activity, decision, or organizational circumstances that violates any of MAPE’s Governing Documents or policies, is imprudent or in violation of commonly accepted business or professional ethics. In addition, the following guidelines apply:

  1. Dealings with staff and MAPE members will not be unfair or undignified.

  2. Budgeting for any fiscal period or the remaining part of any fiscal period, will not deviate materially from established Board priorities, risk fiscal jeopardy nor fail to show a generally acceptable level of foresight.

  3. At no time will actual financial conditions incur fiscal jeopardy or compromise established Board priorities.

  4. Information and advice to the Board will have no significant gaps in timeliness.

  5. Assets may not be unprotected, inadequately maintained or unnecessarily risked.

  6. Compensation and benefits for goods and services purchased by MAPE will not deviate materially from the market.

  7. Shall avoid any conflict of interest in awarding purchases or other contracts.

  8. Must maintain un-conflicted loyalty to the overall interests of MAPE members. This accountability supersedes any conflicting loyalty such as that to advocacy or interest groups, and membership on other boards or staffs. It supersedes the personal interests or acting as an individual consumer of MAPE's services.

  9. May not cause, perform or allow any act which is contrary to explicit board constraints on executive authority.

Statewide Vacancy Notification

Delegate Assembly Revision Date: 10/18/2002
Board of Directors Revision Date: 4/16/2010

Summary: Procedures to hold special election to fill vacancy in Statewide Office.

Related Information: Bylaws, Article 3, Subsection D.

Policy:

Whenever a vacancy occurs in a Statewide Office during the term of office, a special election may occur as described in the Bylaws, Article VIII, Section 3, Subsection D. If an election is to be held, to ensure that any interested and qualified member has the opportunity to be considered for filling the vacancy, the following steps shall be followed:

  1. Upon receiving a notice of vacancy, the Statewide President shall inform the Executive Director of the vacancy.
  2. The Operations Manager shall develop a proposed election timeline.
  3. The Executive Director shall cause a posting to be prepared at least 30 (thirty) days in advance of the closing date for candidates to be nominated.
  4. The posting shall include:
    • The position vacated or being vacated
    • An explanation of the duties of the position
    • A delineation of the requirements for holding Statewide Office
    • The election timeline
  5. The Board of Directors shall approve the election timeline.
  6. The posting shall be disseminated to all local officers via e-mail or hard copy. Local officers are responsible for notifying local members via their normal methods (phone tree, e-mail or mailings) and announcement at local meetings.
  7. The posting shall be prominently displayed on the MAPE website until the election results are announced.

New Locals

Board of Directors Revision Date: 4/14/2000
Board of Directors Revision Date: 4/16/2010

Summary: Procedures to form a new local.

Related Information:

Policy:

A new local within a region of MAPE may be formed by following the procedures as prescribed below:

  1. A petition to the Board of Directors signed by a minimum of 30 percent of the MAPE members who would be in the proposed new local shall constitute the initiation for the formation of a new local within a region.

  2. The petition shall contain the following:

    • Geographical boundaries, including all MAPE worksite locations of the proposed new local. All areas within this boundary must be contiguously connected.
    • Names and signatures of members stating their intent to serve as officers of the new local.
    • Meeting location(s) for the new local.
    • An estimated budget for the new local based on the total number of MAPE members and nonmembers in the new local.
    • Names, permanent work locations, e-mails and work phone numbers of the petitioners.
  3. The Board of Directors shall approve or deny the petition within 90 days of receipt of a valid petition. If the petition is denied, the Board of Directors shall give reasons for denial. The Board of Directors shall take into account the following factors when considering the petition:

    • The functioning of existing local(s) is not crippled.
    • The proposed new local would have no less than 50 MAPE members unless a variance is granted by the Board.
    • Whether a different boundary can be drawn in an effort to better serve all members affected in consultation with potential officer candidates as submitted in the petition as well as officers from the existing local(s).
    • Objections, if any, of the existing local(s).
    • The Board of Directors may approve variances from these rules.
    • Organizers for a new local, as well as officers of the exiting local(s), shall be notified and given the opportunity to address the Board of Directors when the petition is being considered.
  4. After the Board of Directors accepts the petition and organizing papers, if any, a ballot along with the proposal to form a new local and appropriate organizing papers shall be mailed to all MAPE members who would constitute the new local. A majority vote of all eligible members voting is required to form a new local.

Interim Local Governance Policy     

Delegate Assembly Revision Date: 9/16/2005
Board of Directors Revision Dates: 4/16/2010, 3/15/2013

Summary: Guidelines for implementing a change in local governance structure due to a lack of officers, creation or dissolution of a local.

Related Information:

Policy:

  1. The regional director shall function as the interim president of a local that is without a president.
  2. If there isn’t a regional director, the president of another local in that region may serve as interim president. Lost time expenses for an appointee will be funded from the local’s fund.
  3. If there isn’t a regional director or other local president able to serve as interim president, the MAPE Board of Directors shall appoint another regional director to serve as interim president. Lost time expenses for an appointee will be funded from the local’s fund.
  4. If a local is without a president going into a second election cycle, the local may be merged with one or more existing locals by the MAPE Board of Directors.
  5. If the local treasurer’s office is vacant, the local president shall serve as the treasurer until one is elected. 
  6. While operating under this policy, a local’s funds may be spent on local expenses only.
  7. Expenditure of local funds may be authorized by the interim president.
  8. Interim financial policies for regions/locals:
    1. Each region must designate a lead local treasurer from the local treasurers. This person will coordinate the distribution of funds, billings, reimbursements and reporting with MAPE Central.
    2. A region will disburse funds based on the MAPE Local Checkbook Policy.
    3. If locals merge, the funds are merged.
    4. If locals dissolve, the funds will be reapportioned into the newly assigned local(s) on a per capita basis after any outstanding financial obligations are paid.
    5. Funding for the new local will be established the first full pay period following the vote certification.

MOU Approval Procedures

Board of Directors Revision Date: 3/28/2003, 4/16/2010, 10/16/2015

Summary: Memorandum of Understanding (MOU) approval process.

Related Information:

Policy:

Wherever practicable, the following policy will be followed. Wherever not practicable, approval of the MOU will ensure maximum protection of the affected members:

  1. Initial proposals to develop an MOU (initiated by the Association or by the Employer) shall be reviewed by the staff (business agents, Executive Director and Assistant Executive Director and Statewide President) and, when appropriate, by legal counsel.

  2. If the staff recommends that the MOU is viable, a representative group of potentially affected members shall be selected by the Statewide President to participate in the negotiations process. The President will advise the Negotiations chairs and the Board of the potential MOU at the next regularly scheduled Board meeting or electronically.

  3. If a tentative agreement is reached on an MOU, the MOU shall be presented to the Executive Committee for review.

  4. If the Executive Committee recommends (by a majority vote of the required quorum) that the MOU be sent to the membership, the MOU and ballots will be mailed, faxed or distributed by other electronic means, to all affected members pending Board approval.

  5. If the Executive Committee recommends that the MOU not be sent to the membership, the MOU will be presented at the next Board of Directors meeting for review.

  6. If the Board of Directors agrees (majority vote of the required quorum) with the Executive Committee’s recommendation, the MOU will not be sent out for a vote by the affected members.

  7. If the Board of Directors reverses the position of the Executive Committee (majority vote of the required quorum), the MOU and ballots will be mailed, faxed or distributed by other electronic means, to all affected members.

  8. If the MOU is sent out for a vote of the affected members (either by the Executive Committee or the Board of Directors), a simple majority of those who vote will be used to determine approval or disapproval.

  9. In emergencies and/or when the affected members cannot be clearly identified prior to a vote, the Board of Directors may approve or disapprove a MOU without an affirmative vote of the affected members.

The process above provides an appropriate balance between due process and efficiency: no MOU will go to the membership without the review of the Executive Committee or the Board of Directors, and no MOU will be approved by MAPE without an affirmative vote by the affected members.

Membership Voting

Delegate Assembly Revision Date: 11/14/2003
Board of Directors Revision Date: 4/16/2010

Summary: Guideline for membership voting.

Related Information:

Policy:

When a vote is put to the membership, only those ballots approved by the Delegate Assembly or the Board of Directors, and supplied by a MAPE contracted vendor, will be valid. Additionally, only these ballots will be counted. If the intent of the voter is unclear to the body counting the ballots, the ballot will be ruled invalid and will not be counted. Appeals will be resolved by the Board of Directors.

Unsolicited comments added to the ballot by the voter will be ignored.

Phone or Electronic Voting Policy

Board of Directors Revision Date: 5/2000
Board of Directors Revision Date: 4/16/2010
Board of Directors Revision Date: 3/15/2013

Summary: Guidelines for voting by phone or other electronic means.

Related Information:

Policy:

The Statewide President may initiate a vote by the Board of Directors using phone or electronic mechanisms when:

  1. A Board decision is required before the next regularly scheduled Board meeting:

    • The issue has been debated in a previous Board meeting and a vote by phone or other electronic means at a later time has been authorized by a Board action or
    • The issue is critically time sensitive and a Board decision is required.
  2. The Executive Committee shall develop a script to be read verbatim or electronically communicated to every director.

  3. The vote conducted shall be subject to ratification in a subsequent Board meeting.

  4. The names and votes of the Board of Directors or Executive Team members will not be disclosed prior to the next meeting of the Board of Directors.

Reassign Worksite

Delegate Assembly Original Approval Date: 9/21-22/2012

Summary: Reassign a worksite.

Related Information:

Policy:
Part of a Local may be reassigned to a different, existing Local in the same or a different Region following these procedures:

  1. Submit a petition to the Board of Directors signed by a minimum of 30 percent of the MAPE members who would be reassigned to the other Local. This will constitute the initiation of a request.

  2. The petition must contain the following:

    a. Geographical boundaries, including all existing and proposed MAPE worksite locations of the gaining and losing Locals. All areas within the boundaries must be contiguously connected;
    b. Names, permanent work locations, work email addresses, and work phone numbers of the petitioners.

  3. Within 90 days of receiving a valid petition, the Board of Directors will approve or deny it. If it denies the petition, the Board of Directors must give reasons for the denial. The Board of Directors must take into account the following factors when considering the petition:

    • The functioning of the Local losing members is not crippled.
    • The losing Local would have at least 100 members after the reassignment.
    • Whether different boundaries would better serve affected members.
    • Objections, if any, of either affected Local.
  4. After the Board of Directors accepts the petition, officers and chief stewards of the affected Locals and Region(s) must be notified and given the opportunity to address the Board of Directors when the petition is being considered.

  5. The Board of Directors may approve variances from this policy.

  6. If the Board of Directors approves the petition:

    a. All members who would be reassigned must be given an opportunity to vote electronically or by mailed ballot. An explanation of the proposed reassignment of members must accompany the ballot. A majority of members voting is required to pass. (Exception: If the Board of Directors approves the petition as presented and a majority of members to be reassigned had signed it, a vote is not required.)
    b. If a majority of members who would be reassigned approves the move and the number of members to be reassigned is greater than the number of members already in the gaining Local, members of the gaining Local must also be given an opportunity to vote electronically or by mailed ballot. An explanation must accompany the ballot. If the gaining Local votes, a majority vote of its members voting to approve the reassignment is necessary for the reassignment to occur.

Local Special Elections

Original Policy Approval Date:
Delegate Assembly, 09/20-21/2013

Summary: Provides a chronological description of the procedure for filling vacancies in local offices between regularly scheduled elections.

Related Information: MAPE governing documents and Elections Policy

Policy:
This policy provides guidance beyond Election Rules Article X Special Elections. Election Rules Article IX Elections at a Meeting applies to regularly scheduled elections. It may not apply to local special elections using concurrent voting because it requires nominations to close at least 30 days prior to voting, while the Bylaws require voting to be at the first regularly scheduled meeting following a thirty-day written notice of the election to Local members. A local that meets monthly is unlikely to be able to meet both articles’ requirements. The following steps are in chronological order.

  1. The local president/interim president selects a local election committee (LEC). The LEC must be appointed before nominations are open and serves for only one election. The LEC must consist of at least two members, and no LEC members can be candidates. An odd number is preferable so disagreements can be settled by majority vote, and having more members on the LEC speeds up the voting and ballot counting. Local election committee members should study the Election Rules and comply with the applicable articles.
    The Election Rules describe the makeup of the LEC for a newly formed local. The duties of the local election committee for a local’s special election are the same as the duties of the statewide Elections Committee for regional and statewide elections. In addition to conducting the election and handling protests, the LEC shall seek out and encourage qualified persons to run for office. The LEC should ensure the local executive committee and candidates are aware of the requirements in Election Rules Article IV Campaign Support and Article V Campaign Conduct.

  2. The local election committee determines the date of the election, which must be “at the first regularly scheduled meeting following a thirty-day written notice of the election to Local members.” (Bylaws, Article VIII, Section 3B)

  3. A reasonable notice tells the members about the upcoming election and provides details. (Election Rules, Article I, paragraph 9) While nominations must be open for 30 days, they should close early enough for determination of candidate eligibility and ballot preparation before the voting. If the local chooses consecutive voting, nominations close at the meeting in which the voting is done.

  4. The local decides to use concurrent voting or consecutive voting. In concurrent voting, all offices are voted on at the same time and on the same ballot. In consecutive voting, a separate ballot is voted for each position. Locals voting consecutively should follow Election Rules Article IX Elections at a Meeting. Consecutive voting can be used only when all voting will be done during one session. (The meeting cannot be recessed and resumed at another site or on another day.)

  5. The local election committee receives nominations and forwards them to the MAPE office for eligibility determination. The LEC may keep the local executive committee informed of nominations as they occur. After nominations are closed and eligibility determination is complete, the LEC submits a candidate eligibility report to the local executive committee.

  6. If there is only one candidate, it is an uncontested election, and there is no voting and no ballot. The candidate is seated immediately after the requirements in Election Rules Article X Special Elections are met.

  7. If there will be voting, the local election committee designs and prints the ballot. The Election Rules require the order of candidates’ names to be varied. The Election Policy provides guidance on ballot design. If consecutive balloting is to be used, the ballots for positions other than president could contain a few boxes with no names so candidates’ names could be added in the meeting.

  8. The local election committee asks the MAPE office to provide a list of members so the committee can ensure only members receive a ballot. Fee payers who become members at the election meeting before polls close are eligible to vote. MAPE-represented employees who think they have joined but whose membership cannot be confirmed may complete a paper or online membership application at the meeting and vote.

  9. The local election committee conducts the election at a regularly scheduled meeting. If there is no quorum at a meeting when an election has been scheduled, the election must be rescheduled to the next meeting.
    Polls could close before the meeting is over so the LEC can go to a different room, count the ballots, and announce the results before the meeting is adjourned, but that is not required. All voting shall be by secret ballot. Preferential balloting, if applicable, will be used.
    If consecutive balloting is used and a new candidate is nominated at the meeting, the LEC must contact the MAPE office for immediate determination of eligibility. (Therefore, new candidates cannot be added in consecutive voting in a meeting when the MAPE office is closed.) Voters can write the new candidate’s name on the ballot. As eligibility has been determined, this is not a write-in candidate. To vote for the new candidate, members must check the box corresponding to that candidate’s name. Merely writing in the name is not a vote for that candidate, as voters could write in the name merely to make the ballot complete.

  10. The local election committee reports the results, including counts, to the local executive committee, the regional director, and the MAPE office.

  11. Protests would be directed to the local election committee within five calendar days after the results are announced. The LEC’s decision may be appealed to the Board of Directors.

Membership Status and Contract Ratification and/or Strike Voting Timeline

Board of Directors Date: June 19, 2015

Summary: Guideline for when newly hired represented employees and fee payers are permitted to cast a contract ratification vote.

Related Information:

Policy: The MAPE Board of Directors shall determine the membership deadline for contract ratification voting eligibility. Absent such a determination, newly hired represented employees and fee payers shall be eligible to vote in contract ratification votes provided that their application for membership is received by MAPE at least seven calendar days prior to the start of such voting.

Tickets

Board of Directors Original Approval Date: 7/15/2016

Summary: Tickets for partisan political events and other events

Related Information:

Policy:

MAPE shall not purchase or accept tickets to political partisan events with the exception the MAPE Executive Committee may authorize the Executive Director, Director of Legislative Affairs, or the President to attend on behalf of MAPE.

Tickets to other non-partisan events must be included as a line item in a MAPE statewide committee budget approved by the Delegate Assembly or Board. The budget must include a description of how the tickets will be distributed.

Policy Against Discrimination and Harassment

Board of Directors Approval Date: 10/19/2018

Summary:

Related Information:

Policy:

Table of Contents

Introduction

Scope of this Policy, Applicability, and Definitions

Members/Non-member

Employees

Protected Characteristics

Discrimination

Discriminatory Harassment

Sexual Harassment

Creating a Hostile Environment through Sexual Harassment

The Minnesota Human Rights Act

Examples of Sexual Harassment

            General Harassment

Responsibility to Address and Prevent Discrimination and Harassment

MAPE Responsibility

Supervisor Responsibility

Member, Non-member, and Employee Responsibility

Addressing Discrimination or Harassment

Complaint

Investigation of a Complaint

Resolution of a Complaint

Retaliation

False Complaints

Confidentiality

Questions

Introduction

The Minnesota Association of Professional Employees (MAPE) is committed to creating and maintaining a work environment in which all members/non-members and employees are treated with respect and are free from discrimination and harassment.  To this end, discrimination or harassment by a member, non-member or employee of MAPE is prohibited.

The goal of this policy is to ensure that all complaints of discrimination and harassment will be promptly, thoroughly, and respectfully addressed.

  • Reporting and investigative procedures are designed to encourage members/non-members and employees to report what they believe to be discrimination or harassment.
  • Complaints, investigations, and resolutions will be addressed as discreetly as possible, with information being shared only with those who have a need to know and as may be required by MAPE’s obligation to comply with the law.
  • Retaliation will not be tolerated against any person who complains, reports, or testifies about discrimination or harassment, or participates in an investigation of a discrimination or harassment complaint.
  • Appropriate disciplinary action will follow when warranted.

All those involved in or interacting with MAPE have a responsibility to contribute to a respectful work environment. MAPE, expects, and appreciates cooperation in implementing this policy.

Scope of this Policy, Applicability, and Definitions

This policy seeks to help ensure compliance with federal and state discrimination and harassment laws; nothing in this policy shall be construed to guarantee members/non-members and employees greater protection than the protection provided under these laws.  This policy is not intended to create or modify, nor is it to be construed to constitute or modify, a contract with any employee, employees or exclusive representative of employees.

This policy applies to all members/non-members and employees of MAPE.  It also applies to non-employees including all contractors, visitors and vendors.

This policy covers the interaction of members/non-members and employees at MAPE-sponsored events, professional meetings or seminars, and those activities which involve MAPE business.

In addition, this policy is designed to eliminate discriminatory and harassing behavior by and against members/non-members and employees in encounters during the course of their work with third parties, such as other MAPE employees, contractors, visitors and vendors.

Members/Non-members

The term "members" and “non-members” means all employees represented by MAPE

Employees

The term "employee" means any permanent, full time, part time, temporary employee (including interns and contract employee) or any other employee of MAPE.

Protected Characteristics

Under this policy, protected characteristics include those characteristics covered by Title VII of the Civil Rights Act of 1964, and/or the Minnesota Human Rights Act, as follows:

  • Race;
  • Color;
  • National origin;
  • Gender identity, including pregnancy;
  • Marital status;
  • Religion;
  • Creed;
  • Sexual orientation;
  • Age;
  • Disability;
  • Status with regard to public assistance; and
  • Membership or activity in a human rights commission.

Discrimination

Discrimination is to treat a person differently based upon a person’s protected characteristic, with respect to hiring, tenure, compensation, terms, upgrading, working conditions, facilities, or privileges of employment, except when based on a bona fide occupational qualification.

Discriminatory Harassment

Harassment is unwelcome behavior (comments or conduct) that is based on a person’s protected characteristic that interferes with job performance; or creates an intimidating, hostile, or offensive work environment; or when submission to such conduct is either a condition of employment or a basis for an employment decision.  Harassment may include, but is not limited to, the following forms:

  • Repeated disparaging, belittling, demeaning, insulting names or remarks, or any other use of language implying inferiority due to a protected characteristic;
  • Repeated jokes about an employee or characteristic unique to an employee that relates to a protected characteristic;
  • Sabotage of an employee’s character, reputation, work efforts, or property based upon a protected characteristic;
  • Display or circulation of written materials or pictures degrading or offensive to a protected characteristic; and
  • Offensive or abusive behavior related to a protected characteristic.

Sexual Harassment

Sexual harassment is a form of sex discrimination.  One of the key elements of sexual harassment is that the behavior is unwelcome.  Sexual conduct or communications that might be welcome to you may be unwelcome to another.  Sexual conduct or communications that might have been welcome between two individuals at one time may become unwelcome at a later time. 

Creating a Hostile Environment through Sexual Harassment

A hostile environment is a form of sexual harassment when a victim is subjected to unwelcome and severe or pervasive repeated sexual comments, innuendoes, touching, or other conduct of a sexual nature which creates an intimidating or offensive place for employees to work.

The Minnesota Human Rights Act

The Minnesota Human Rights Act defines sexual harassment as follows:

"Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:

1)   submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing;

2)  submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, public accommodations or public services, education, or housing; or

3)  that conduct, or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating hostile, or offensive employment, public accommodations, public services, educational, or housing environment.

(Minnesota Statutes, Section 363A.03, subdivision 43.)

Examples of Sexual Harassment

The following are examples of sexual conduct or communication which, when unwelcome and depending upon the total circumstances may constitute sexual harassment or sexually offensive behavior.  Sexual harassment or sexually offensive behavior may include, but is not limited to, the following types of behavior:

Verbal

  • unwelcome sexual comments, compliments, innuendos, or suggestions about one’s clothing, body, or sexual activity;
  • turning work discussions into sexual topics, such as sexual practices or preferences, or telling sexual jokes or stories;
  • requesting or demanding sexual favors or suggesting that there is any connection between sexual behavior and any term or condition of employment, whether that connection be positive or negative;
  • use of obscene or sexual words or phrases or the use of unwelcome words such as "sweetheart," "stud," "honey," "babe," or "hunk";

Non-Verbal

  • giving personal gifts of a sexual nature;
  • making sexually suggestive facial expressions or gestures;
  • making unwelcome visits to a member's or employee’s home or hotel room;

Physical

  • kissing, or touching, patting, pinching, or brushing against a person's body;
  • sexual contact, intercourse, or assault;

Visual images

  • displaying sexually explicit, derogatory or offensive pictures, cartoons, drawings, objects, films or gestures in the work area. Such prohibited images include those in hard copy or electronic form.

General Harassment

Acts of general harassment are behaviors that are unwelcome, personally offensive, insulting or demeaning.  They include but are not limited to:

  • Repeated disparaging, belittling, demeaning, or insulting remarks;
  • Repeatedly making the employee, or a characteristic unique to the employee, the butt of jokes;
  • Repeated ridicule of an employee;
  • Sabotage of an employee’s character, reputation, work efforts or property;
  • Swearing, yelling at or other intimidating behavior directed at an individual.

Responsibility to Address and Prevent Discrimination and Harassment

Every member/non-member and employee of MAPE is responsible for contributing to a respectful workplace.  Employees are encouraged to let a potential offender know if their behavior is offensive to you.

MAPE Responsibility

The Minnesota Association of Professional Employees has a responsibility to:

  • publish and post its discrimination and harassment policy;
  • inform all employees and members/non-member about the MAPE discrimination, harassment and inappropriate behavior policy and procedures
  • train supervisors on their roles and responsibilities in dealing with discrimination and harassment;
  • make certain that each individual who makes or recommends employment and other personnel decisions is fully aware of, and complies with, this policy;
  • take disciplinary or other appropriate action within its authority against individuals who fail to meet their obligations under this policy;
  • promote fair, efficient, and careful investigation of all complaints; and
  • regularly review its discrimination and harassment policy and procedures.

Supervisor Responsibility

Supervisors have a responsibility to:

  • promote a department working environment free from discrimination and harassment and address discrimination and harassment when it is observed or reported;
  • respect the privacy as much as possible of all parties involved in a discrimination or harassment concern or complaint;
  • promptly report discrimination or harassment or complaints of discrimination or harassment to the MAPE Business Manager, MAPE Executive Director or the MAPE President;
  • participate in training on discrimination and harassment provided by MAPE; and
  • take steps to assure retaliation is prohibited.

Member, Non-member, and Employee Responsibility

Members/non-members and Employees have a responsibility to:

  • promptly report concerns or complaints;
  • participate in training;
  • cooperate with requests for information and data that will help a supervisor or complaint investigator carry out her or his responsibilities under these procedures; and
  • be fully compliant with this policy
  • assure retaliation is reported.

Addressing Discrimination or Harassment

Complaint

If you believe you have experienced discrimination or harassment or if you believe your complaint has resulted in retaliation towards you or others, report your complaint of discrimination, harassment, or retaliation to your supervisor, the MAPE Business Manager, the MAPE Executive Director or the MAPE President.

This report may be made verbally, in writing, by phone, or by other means with which you are comfortable.

Formal Complaints/Resolutions

Investigation of a Formal Complaint

Any one of the above persons receiving a complaint must promptly report the complaint to the MAPE Business Manager, MAPE Executive Director or the MAPE President.

As part of the complaint process:

  • The complainant will be asked for such details as who was involved in the offensive behavior, what was said or done and how the conduct affected the complainant.
  • Complaints, investigations, and resolutions will be handled as discreetly as possible, with information being shared only with those who have a need to know and as may be required by MAPE’s obligation to comply with the law.
  • Discrimination and harassment complaints will be responded to promptly, thoroughly, and fairly. Within 30 days of receiving the complaint, best efforts will be made to resolve the complaint or make significant progress toward resolution.
  • Members/non-members or employees with information about the offensive behavior may be contacted and are expected to cooperate with any investigation.
  • The alleged offender will be advised of the complaint and given an opportunity to provide information about what happened and matters concerning possible resolution.
  • MAPE may contract with a qualified neutral party to investigate the complaint.
  • Investigations involving MAPE employees who are covered by the agreement between the Office and Professional Employees International Union, Local 12 (OPEIU, Local 12) and MAPE will be addressed in accordance with Article VIII and Article XXII of that agreement and this policy.
  • The complainant will be consulted as necessary to facilitate a resolution of the complaint.
  • The complainant and the alleged offender will be advised of the resolution, with concern shown for the privacy of the parties.
  • Retaliation against the complainant or any person investigating or participating in a complaint investigation is strictly forbidden and is a very serious violation of this policy.

Resolution of a Formal Complaint

Resolution of formal complaints can include, but not necessarily be limited to, an apology, direction to stop the offensive behavior, counseling or training, oral warning, written warning, suspension with or without pay, or termination. Disciplinary action involving members/non-members payers, officers or committee members of MAPE will be addressed by the Board of Directors or pursuant to the MAPE Bylaws.  Disciplinary action involving MAPE employees who are covered by the agreement between OPEIU, Local 12 and MAPE will be addressed in accordance with Article VIII and Article XXII of that agreement and this policy.

Informal Complaint/Resolution

If possible, when a violation has occurred a complaint may be filed informally. Individuals are encouraged to informally resolve concerns whenever possible. Possible resolutions may be reached through facilitated discussions, or agreements reached through a supervisor or HR.

If the offensive behavior does not stop or recurs after a complaint is made, you should immediately bring this problem to the attention of your supervisor, the MAPE Business Manager, MAPE Executive Director or the MAPE President.

Retaliation

No retaliation will be tolerated, whether verbal, non-verbal, or physical, as a consequence of engaging in protected conduct, and complaints of retaliation will be vigorously pursued.

Retaliation is any job-related adverse action or materially adverse action against a member or employee who has engaged in protected conduct.  Protected conduct includes:

  • opposing discrimination or harassment in the workplace;
  • complaining of or reporting an incident of discrimination or harassment;
  • participating in any investigation;
  • testifying in any proceeding relating to a discrimination, harassment, or retaliation complaint; or

Retaliation could include, but is not limited to, denial of a promotion, a demotion, intimidation, harassment, or conduct by anyone in the workplace that could reasonably be expected to have an adverse impact on an individual's performance.  It also includes any actions by an employer that could dissuade a reasonable employee from engaging in protected conduct.

If you believe you have experienced retaliation because you have complained, reported, or testified about discrimination, harassment, or retaliation or participated in an investigation of a   discrimination, harassment, or retaliation complaint, you should report the situation to the MAPE Business Manager, the MAPE Executive Director or the MAPE President.

False Complaints

Complaints that are found to be intentionally dishonest or malicious will not be tolerated, and any person making a false complaint is subject to disciplinary action.

Confidentiality

Complaints will be investigated as discreetly as possible.

Questions

If you have any questions about this policy, see or call:

Paul Schweizer, Business Manager
3460 Lexington Ave.
Shoreview, MN 55126
pschweizer@mape.org
651-287-9671

Contact Information

Lina Jamoul
ljamoul@mape.org
651-287-9672

Paul Schweizer, Business Manager
pschweizer@mape.org
651-287-9671

Chet Jorgenson, President
cjorgenson@mape.org
651-287-9668