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:
- Focus chiefly on issues that impact policy, less on the administrative or programmatic means of attaining those results.
- 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.
- Enforce reasonable discipline if needed.
- Be accountable to the MAPE membership for competent, conscientious, legal and ethical fulfillment of its obligations.
- Monitor and regularly discuss the Board’s own process and performance.
- Ensure the continuity of Board improvements though regular record keeping.
- 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:
- Provide the link between the MAPE leadership and the membership.
- 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.
- Assure performance of Statewide Officers.
Code of Conduct
Code of Conduct Policy
Board of Directors Revision Dates: 3/30/2007, 4/16/2010, 4/17/2015, 1/19/2018, 9/20/2024
Delegate Assembly Revision Date: 9/23-24/2016
Summary: Guidelines for MAPE represented employee 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 is essential to fulfilling this obligation.
With this understanding, MAPE members agree to:
- 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 staff. It supersedes the personal interests of any Board member acting as an individual consumer of MAPE’s services.
- 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.
- Recognize that no individual 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.
- Work through the appropriate staff supervisor in the event of a complaint against a MAPE staff person so as to protect staff contractual rights.
- Will not publicly disclose confidential information obtained during the execution of official duties that could be harmful to MAPE, its officers or its staff.
- Commit to provide a safe and respectful work environment for MAPE represented employees, MAPE staff and third parties in accordance with MAPE’s Respectful Workplace Policy, MAPE’s Code of Conduct and MAPE’s Policy Against Discrimination and Harassment. This does not include any lawful concerted actions directed against an employer.
- MAPE officers and stewards are encouraged to disclose to the MAPE Chief of Staff 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 Chief of Staff and MAPE Statewide President will work to avoid the conflict or appearance of a conflict of interest without discriminating against any individual.
- 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, 6/18/2021, 3/17/2023
Delegate Assembly Revision Date: 9/23-24/2016
Summary: Hiring practices and procedures.
MAPE is an equal opportunity employer and does not discriminate in hiring practices based on race, color, national origin, creed, religion, political belief, sex, marital status, sexual preference or orientation, or status regarding public assistance, age, or ability. MAPE’s hiring procedures ensure that we hire the best-qualified candidate. MAPE embraces a well-reasoned, affirmative action program that welcomes diversity. This includes a diverse workforce free of discriminatory practices.
Additionally, MAPE’s goal is to promote a hostile-free work environment. The Chief of Staff shall take whatever action is required within the Board of Directors approved budget and financial policies to meet the temporary or emergency staffing objectives to ensure the well-being of the Association. The Chief of Staff will provide a current staff organizational chart to the Board of Directors for approval as part of the annual budget process. If the Executive Committee determines the Chief of Staff to be unavailable, all responsibilities of the Chief of Staff herein shall be the responsibility of the Executive Committee.
The Board of Directors shall approve all staff position descriptions that define the duties and responsibilities and the required skills, knowledge, and abilities necessary to perform the required duties successfully.
Internal Hiring
Internal hiring is a valuable tool for promoting employee development and retention. Internal hiring allows current employees to advance their careers and achieve their professional goals. We aim to ensure that we conduct internal hiring fairly and transparently, with all employees having an equal opportunity to apply for open positions. With the Board of Directors' approval, the Chief of Staff can first post jobs internally to current MAPE staff. All employees are eligible to apply for internal job openings, subject to the following conditions:
- The employee must have completed their probationary period.
- The employee must meet the qualifications and requirements of the position as stated in the job opening.
- The employee must not have any discipline in their personnel file.
All internal job openings will be posted for at least seven (7) calendar days. The job posting will include the job title and department, description and qualifications, application deadline, and contact person and method for applying. The job posting will be accessible to all employees and posted on the notice board. We encourage all employees who meet the job requirements to apply for the open position using the following selection process:
- The hiring manager will review all internal applications.
- If there are multiple qualified internal candidates, the hiring manager will conduct interviews with each candidate. The hiring manager may form a hiring panel to conduct the interviews.
- The Hiring manager will evaluate each candidate based on their qualifications, experience, job performance, and growth potential.
- In making the final hiring decision, the hiring manager will consider the candidate’s fit with the position, team, and organizational culture.
- The hiring manager will notify all internal candidates of the hiring decision. Candidates not selected for the position will be given feedback on their performance and areas for improvement.
- The hired internal candidate will receive the necessary training and support to successfully transition into their new role as defined in their contract.
- The association will continue to support the development and growth of all employees, regardless of whether they are selected for an internal position.
- The hiring manager and other hiring panel members will keep all internal applications confidential and reviewed.
This internal hiring policy is designed to promote fairness, transparency, and professional growth within the association. By providing opportunities for existing employees to advance their careers, the organization will continue to benefit from the talent and expertise of its workforce.
External Hiring
MAPE staff will announce external vacancies in all MAPE’s publications, including the MAPE website, for 30 days to allow MAPE members 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
- Sahan Journal
Chief of Staff Hiring Process:
- The Board of Directors will review, modify, and adopt the Chief of Staff's position description, draft the contract and salary range, establish a timeframe for the hiring process, and determine any recruitment consulting support services needed.
- When the President is not an applicant for the Chief of Staff position, the President shall form a Selection Committee responsible for the hiring process. When the President is an applicant for the Chief of Staff position, the Vice President will form the Selection Committee. The Selection Committee shall include the Executive Committee and additional appointees: two Regional Directors from the Board of Directors and one Local President from the Local Presidents’ Committee.
- The Selection Committee will develop and adopt a Chief of Staff recruitment and hiring work plan which meets the Board of Directors established timeframe.
- The Selection Committee will develop a method for rating all aspects of the application. The Selection Committee will review all applications and identify candidate(s) to be interviewed because they best meet the Board of Directors-approved position description.
- The Selection Committee shall develop a list of interview questions and create a method for rating all aspects of the interview. All candidates will be asked the same prepared questions. The Selection Committee members may ask other relevant questions as needed. Every effort shall be made to interview all candidates on the same day. If deemed necessary, second and third interviews may be conducted.
- After the interview, the Selection Committee will discuss and evaluate each candidate's qualifications. The Selection Committee will consider interview responses, experience, writing samples, and references.
- When the President is not an applicant for the Chief of Staff position, the President will be responsible for ensuring that references are thoroughly checked before any offer of employment. When the President is an applicant for the Chief of Staff position, the Vice President will be responsible for ensuring that references are thoroughly checked before any offer of employment.
- When the President is not an applicant for the Chief of Staff position, and whenever possible, the President may engage all current MAPE staff (managers and non-managerial staff) in an opportunity to meet the finalist(s) and offer feedback. When the President is an applicant for the Chief of Staff position, this responsibility will fall to the Vice President. It will be made clear to staff that they are participating in providing thoughts and not deciding, though staff feedback will be considered in the selection process.
- The Selection Committee shall select and recommend at least one candidate for consideration to the Board of Directors. Suppose two or more candidates are equal in knowledge, skills, and abilities, as determined by the Selection Committee, and one or more candidates are MAPE members. In that case, a MAPE member shall be forwarded to the Board of Directors with a recommendation to hire.
- At an Executive session of the Board of Directors, the candidate(s) will be invited for a discussion with the Board of Directors. Once the candidate(s) has(ve) left the meeting, the Board will discuss the Recommendation of the Selection Committee. The Board of Directors will decide on the candidate and the Chief of Staff contract.
- When the President is not an applicant for the Chief of Staff position, the President will offer employment to the selected candidate. When the President is an applicant for the Chief of Staff position, the Vice President will provide work to the selected candidate.
- All interviewed applicants not selected will be notified in writing within one (1) week of the acceptance of the position by the successful candidate.
- All applications become the property of MAPE and will be kept on file for six (6) months. If a new vacancy occurs, the top applicant(s) on file may be notified and allowed to update their application.
Managerial Staff Hiring Process:
The Chief of Staff will inform the Board of Directors of vacancies in managerial staff with a recommendation to fill the position. All positions to be filled by the Executive Director must meet all constraints within the Board of Directors-approved budget and financial policies. Suppose it is necessary to hire outside the Board of Directors-approved budget. In that case, the Chief of Staff will request the Board of Directors to revise the budget to incorporate the staff position. All positions supervised directly by the Chief of Staff will be filled by the Chief of Staff, who will report the results to the Board of Directors at the next meeting following the hiring process's completion.
- If the Board of Directors has yet to approve the position description, the Chief of Staff will bring the position description and salary range to the Board of Directors for adoption before beginning the hiring process.
- The Chief of Staff will establish a timeframe for the hiring process and determine if any recruitment consulting support services are needed. Any costs associated with the hiring process must have been included in the Board of Directors-approved budget.
- The Chief of Staff may recruit advisors from the Board of Directors, membership, or staff to assist in hiring.
- The Chief of Staff will develop a method for rating all aspects of the application, review all applications, and identify candidate(s) to be interviewed because they best meet the Board of Directors-approved position description.
- The Chief of Staff shall develop a list of interview questions and create a method for rating all interview process aspects. All candidates will be asked the same prepared and relevant questions as needed. Every effort will be made to interview all candidates on the same day. If deemed necessary, second and third interviews may be conducted.
- After the interview, the Chief of Staff will review and evaluate each candidate's qualifications by considering interview responses, experience, writing samples, and references.
- The Chief of Staff will be responsible for ensuring that references are thoroughly checked before any offer of employment.
- Whenever possible, the Chief of Staff may engage all current MAPE staff members (managers and non-managerial staff) in an opportunity to meet the finalist(s) and offer feedback. It will be made clear to staff that they are participating in providing thoughts and not deciding, though staff feedback will be considered in the selection process.
- The Chief of Staff will select the best candidate for the position. If two or more candidates are equal in knowledge, skills, and abilities, and one or more candidates are MAPE members, the MAPE member will be given preference for the hire.
- All interviewed applicants not selected will be notified in writing within one (1) week of the acceptance of the position by the successful candidate.
- The Chief of Staff will offer employment to the selected candidate.
- All applications become the property of MAPE and will be kept on file for six (6) months. If a new vacancy occurs, the top applicant(s) on file may be notified and allowed to update their application.
Non-Managerial Staff Hiring Process:
In consultation with the Chief of Staff, the appropriate Division Director or Manager will conduct the hiring process for all positions they supervise. Suppose it is necessary to hire outside the Board of Directors-approved budget. In that case, the Division Director or Manager will notify the Chief of Staff, who will request the Board of Directors to revise the budget to incorporate the staff position. All positions supervised directly by the Division Director, or Manager will be filled by that person, who will report the results to the Executive Director. The Chief of Staff will notify the hire to the Board of Directors at the next scheduled Board meeting following the completion of the hiring process.
- Suppose the Board has yet to approve the position description of Directors. In that case, the Division Director or Manager will notify the Chief of Staff, who will bring the position description and salary range to the Board of Directors for adoption.
- The Division Director or Manager will establish a timeframe for the hiring process in consultation with the Chief of Staff and determine if any recruitment consulting support services are needed and have been included in the Board of Directors-approved budget.
- The Division Director or Manager may recruit advisors from the Board of Directors, membership, or staff to assist in hiring.
- The Division Director or Manager will develop a method for rating all aspects of the application, review all applications, and identify candidate(s) to be interviewed because they best meet the Board of Directors-approved position description.
- The Division Director or Manager shall develop a list of interview questions and create a method of rating all aspects of the interview. All candidates will be asked the same prepared and relevant questions as needed. Every effort will be made to interview all candidates on the same day. If deemed necessary, second and third interviews may be conducted.
- After the interview, the Division Director or Manager will review and evaluate each candidate's qualifications by considering interview responses, experience, writing samples, and references.
- The Division Director or Manager will be responsible for ensuring that references are thoroughly checked before any offer of employment.
- The Division Director or Manager may engage all current MAPE staff (managers and non-managerial staff) to meet the finalist(s) and offer feedback. It will be made clear to staff that they are participating in providing thoughts and not deciding, though staff feedback will be considered in the selection process.
- The Division Director or Manager will select the best candidate for the position in consultation with the Chief of Staff. If two or more candidates are equal in knowledge, skills, and abilities, and one or more candidates are MAPE members, the MAPE member will be given preference for the hire.
- All interviewed applicants not selected will be notified in writing within one (1) week of acceptance of the position by the successful candidate.
- In consultation with the Chief of Staff, the Division Director or Manager will offer employment to the selected candidate.
All applications become the property of MAPE and will be kept on file for six (6) months. If a new vacancy occurs, the top applicant(s) on file may be notified and allowed to update their application.
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:
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Dealings with staff and MAPE members will not be unfair or undignified.
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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.
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At no time will actual financial conditions incur fiscal jeopardy or compromise established Board priorities.
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Information and advice to the Board will have no significant gaps in timeliness.
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Assets may not be unprotected, inadequately maintained or unnecessarily risked.
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Compensation and benefits for goods and services purchased by MAPE will not deviate materially from the market.
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Shall avoid any conflict of interest in awarding purchases or other contracts.
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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.
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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:
- Upon receiving a notice of vacancy, the Statewide President shall inform the Executive Director of the vacancy.
- The Operations Manager shall develop a proposed election timeline.
- 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.
- 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
- The Board of Directors shall approve the election timeline.
- 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.
- The posting shall be prominently displayed on the MAPE website until the election results are announced.
New Locals
Board of Directors Revision Dates: 4/14/2000, 4/16/2010, 2/15/2019
Summary: Procedures to form a new local.
Policy:
A new local within a region of MAPE may be formed by following the procedures as prescribed below:
- 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.
- 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.
- 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.
- 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 documents shall be sent electronically 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:
- The regional director shall function as the interim president of a local that is without a president.
- 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.
- 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.
- 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.
- If the local treasurer’s office is vacant, the local president shall serve as the treasurer until one is elected.
- While operating under this policy, a local’s funds may be spent on local expenses only.
- Expenditure of local funds may be authorized by the interim president.
- Interim financial policies for regions/locals:
- 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.
- A region will disburse funds based on the MAPE Local Checkbook Policy.
- If locals merge, the funds are merged.
- 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.
- 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:
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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.
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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.
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If a tentative agreement is reached on an MOU, the MOU shall be presented to the Executive Committee for review.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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The Executive Committee shall develop a script to be read verbatim or electronically communicated to every director.
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The vote conducted shall be subject to ratification in a subsequent Board meeting.
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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:
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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.
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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. -
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.
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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.
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The Board of Directors may approve variances from this policy.
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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.
Social Media in Campaigns Policy
Original Policy Approval Date: 4/19/2019
Summary: Policy or social media use for campaigns.
Policy:
This policy is intended to help candidates manage the use of social media in MAPE elections.
- MAPE Elections Rules require candidates to file campaign literature with the MAPE Elections committee before distribution.
- Social media platforms include but not limited to blogs, Facebook pages, Twitter, Snapchat, Flicker, Instagram or YouTube.
- For the purposes of the social media policy, all social media postings are not considered campaign literature.
- Candidates for MAPE elected office are permitted to utilize social media platforms as part of their campaigns.
Requirements
- Social media platforms include but not limited to blogs, Facebook pages, Twitter, Snapchat, Flicker, Instagram or YouTube.
- A candidate shall retain a copy of all campaign related materials and must provide them to MAPE upon request of the elections committee. Candidates are responsible to comply with MAPE Elections Rules on content the candidate originates. The candidate is responsible to monitor their social media platforms and remove postings that violate MAPE Elections Rules and applicable policies within 24 hours or as soon as possible. Anything removed should be captured and sent to the Election Committee.
- The candidate is responsible for their statements in social media.
- a. Candidates must comply with the requirements of MAPE's governing documents, policies, guidelines and procedures.
- b. As a member of MAPE, you are subject to the Judicial Procedure in the Bylaws if you violate MAPE's governing documents or bring discredit to the organization.
- c. Violations of this policy or MAPE's governing documents will be handled under Election Rules, Article X.
As with any free speech, a candidate should be aware of the implications of making public statements, electronic or otherwise. If social media platform allows for a biography, about section or other logical place to put the following disclosure, it is required: “The views or opinions expressed by me are not endorsed by MAPE; they may or may not coincide with the views of MAPE”. This must be included during the entire election cycle.
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
Policy Against Discrimination and Harassment
Board of Directors Approval Dates: 10/19/2018, 9/20/2024
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.
Responsibility to Address and Prevent Discrimination and Harassment
Every member/non-member and employee of MAPE is responsible for contributing to a workplace free from discrimination and harassment. Employees are encouraged to let a potential offender know if their behavior is offensive to you.
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.
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 Chief of Staff 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 Chief of Staff , the MAPE President or member of the MAPE Executive Committee.
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 Chief of Staff 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 8 and Article 22 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, 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 Chief of Staff 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 Chief of Staff 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.
Respectful Workplace Policy
Board of Directors Approval Date: 9/20/2024
Policy Statement
The Minnesota Association of Professional Employees is committed to providing a positive environment in which all staff and others are treated with respect.
Definitions and Key Terms
Covered person: persons employed by MAPE as staff and persons represented by MAPE interacting with staff in their capacity as a MAPE member.
Gendered personal references: a third-person term by which a person wishes to be referred to in order to indicate their gender identity, which includes, but is not limited to pronouns (e.g., she, her, hers, he, him, his, they, them, their,) titles (e.g., Mrs., Mr., Ms.,) and other terms indicating a person’s gender identity.
Public service environment: a location that is not the MAPE office building where public service is being provided and where MAPE staff are expected to perform duties in connection to their employment.
Third parties: volunteers, contractors, customers and other non-employees in the workplace or public service environment.
Scope and Applicability
This is a workplace policy covering MAPE employees and others they interact with as part of their employment. It does not cover interactions between MAPE members or between MAPE members and non-members. Member to member and member to non-member interactions are covered by other MAPE documents, including but not limited to, the Bylaws, Code of Conduct and the Steward Affirmation, Revocation, and Reinstatement Policy.
This policy addresses communications and behavior that do not involve protected class status or sexual harassment. Communications and behavior that involve protected class status and sexual harassment are addressed in the MAPE Policy Against Discrimination and Harassment.
General Standards and Expectations
MAPE is committed to providing a respectful workplace and public service environment for employees and third parties. Respect for one another is fundamental to working in an effective, efficient and innovative manner. Disrespectful communications and behavior can disrupt the proper functioning of our union. Therefore, it is our goal to ensure a respectful workplace and an environment free of disrespectful communications or behavior and provide effective and non-retaliatory problem-solving processes that address concerns regarding respectful or professional communications or behavior.
I. Responsibilities
Persons covered by this policy are expected to:
- Conduct themselves in a manner that demonstrates respect for others in the workplace and public service environment.
- Use informal means to address issues with the individual(s) involved whenever possible.
- Participate fully and in good faith in any informal resolution process or formal complaint and investigative process for which they may have relevant information.
- Report incidents that may violate this policy.
In addition to their responsibilities as persons covered under the policy, managers and supervisors are also expected to:
- Inform their employees and others for whom they are responsible of the expectations outlined in this policy.
- Achieve and maintain compliance with this policy.
- Take timely and appropriate action when a complaint is made alleging violation of this policy.
Failure to comply with this policy and its procedures may result in disciplinary action.
II. Retaliation Prohibited
Retaliation is prohibited against any covered person who:
- Initiates a complaint.
- Reports an incident that may violate this policy.
- Participates in an investigation related to a complaint.
- Is associated or perceived to be associated with a person who initiates a complaint or participates in the investigation of a complaint under this policy.
III. Respectful Behavior
Context is important in understanding the difference between respectful behavior and disrespectful behavior. Individuals may experience stress or discomfort in the workplace that is not related to disrespectful behavior. For example, disrespectful behavior does not include:
- The normal exercise of supervisory or managerial responsibilities, including, but not limited to performance reviews, work direction, performance management, and disciplinary action provided they are conducted in a respectful, professional manner.
- Disagreements, misunderstandings, miscommunication, or conflict situations where the behavior remains respectful.
Disrespectful behavior may or may not be intentional. Unintentionally disrespectful behavior may still violate this policy. Examples of disrespectful behavior include but are not limited to:
- Exhibiting aggressive behaviors including shouting, abusive language, threats of violence, the use of obscenities or other non-verbal expressions of aggression.
- Behavior that a reasonable person would find to be demeaning, humiliating, or bullying.
- Unwelcome touching or comments about a person’s hair, body, clothing, or personal effects.
- Repeatedly misgendering a person, including using gendered personal references that do not align with another person’s preferred identity.
- Repeatedly or deliberately mispronouncing a person’s name, including use of an unwelcome nickname, or shortening a name without permission.
- Repeatedly or deliberately using a name other than a person’s chosen name, except as legally required or for business necessity.
- Microaggressions, which may have the appearance of being harmless. Microaggressions include comments, behavior, or other interactions that intentionally or unintentionally communicate hostility or bias toward a person who might identify as being a member of a marginalized group or non-mainstream community. Comments, behavior, or other interactions are often rooted in a bias towards a certain group.
- Deliberately destroying, damaging, or obstructing someone’s work performance, work product, tools, or materials.
- Use of this policy and procedure to make a knowingly false complaint.
IV. Procedures
As with all allegations of misconduct, informal resolution and formal investigatory processes related to this policy will be conducted in a timely, fair, confidential and objective manner.
Individuals are encouraged to informally resolve concerns whenever possible. In addition to the options provided in this policy the involved parties may seek mediation or other processes as desired. The Chief of Staff or MAPE President may consult with legal counsel for guidance implementing this policy and addressing behaviors or complaints.
Informal Resolution
If possible, and not at the risk of exacerbating the issue, the covered person who feels a violation has occurred is encouraged to have a conversation with the other individual(s) involved. If the person so desires, they should initiate a conversation with their immediate supervisor and, if not resolved, with the Chief of Staff. If the concern is about the supervisor or manager, parties are encouraged to contact the Chief of Staff, the MAPE President or Executive Committee.
Formal Complaints
Any covered person may initiate a formal complaint under this policy. Complaints should be submitted to the Chief of Staff. If the complaint concerns the Chief of Staff, the complainant may contact the MAPE President or member of the Executive Committee. Any person named in a formal complaint must recuse themselves from the process and must not be part of the decision to investigate, the conduct of an investigation or its decisions.
As a matter of best practice, the person receiving a complaint made pursuant to this policy shall acknowledge receipt of any complaint in writing, to the complainant, with a statement to include:
- The date that the complaint was made; and
- A statement that a meeting may be scheduled with the person making the complaint.
The recipient of the complaint shall determine whether an investigation is warranted and shall provide the complainant with a written statement of the determination. If the recipient of the investigation determines that an investigation is not warranted, the complainant shall also be provided with the reason behind the determination. All investigations will be conducted in a timely, fair, confidential, and objective manner using the process below.
Investigation of a Formal Complaint
As part of the complaint process the investigator (either the Chief of Staff, MAPE President, the Executive Committee or the contracted qualified neutral):
- shall ask complainant for such details as who was involved in the offensive behavior, what was said or done and how the conduct affected the complainant.
- shall provide a prompt, thorough, and fair response to complainant. Within 30 days of receiving the complaint, best efforts will be made to resolve the complaint or make significant progress toward resolution.
- may contact persons with information about offensive behavior. Persons contacted are expected to cooperate with any investigation.
- shall provide written notice to the alleged offender of the complaint and give an opportunity for them to provide information about what happened and matters concerning possible resolution.
- shall consult with the complainant as necessary to facilitate a resolution of the complaint.
- shall provide written notice of the resolution to the complainant and the alleged offender, with concern shown for the privacy of the parties.
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 8 and Article 22 of that agreement and this policy.
Complaints will be investigated as discreetly and confidentially 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.
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, training, or formal discipline.
If the investigation of a formal complaint determines that a member/nonmember has violated the Respectful Workplace Policy and the violation warrants disciplinary action, the investigator shall refer the issue to MAPE President and the Executive Committee for determining the appropriate disciplinary action and subject to MAPE’s relevant governing policies. If the MAPE President is the subject of complaint, the issue shall be referred to MAPE’s Board of Directors for determining the appropriate action subject to MAPE’s relevant governing policies.
Disciplinary action involving MAPE employees who are covered by the collective bargaining agreement between OPEIU Local 12 and MAPE will be addressed in accordance with Article 5 (Non-discrimination), Article 8 (Discipline and Discharge), and Article 22 (Policies and Procedures) of that agreement and this policy.
False Complaints
Complaints found to be intentionally dishonest or malicious will not be tolerated, and anyone making a false complaint is subject to disciplinary action.
SAMPLE COMPLAINT FORM
Name:
Date:
Summary of Concerns:
Summary of any Documentation Related to Allegations (please include with complaint):
Witnesses (please describe what might they know regarding allegations.):
SAMPLE COMPLAINT ACKNOWLEDGMENT FORM
This email acknowledges receipt of a complaint made under the Respectful Workplace policy on (date). We will review the complaint and schedule a time to meet with you, if needed, to determine whether an investigation is warranted. If an investigation proceeds, it will be conducted in a timely, fair, and objective manner.