AGREEMENT. between MINNESOTA STATE EMPLOYEES UNION AFSCME, COUNCIL NO. 5, AFL-CIO. and the STATE OF MINNESOTA

Transcription

1 AGREEMENT between MINNESOTA STATE EMPLOYEES UNION AFSCME, COUNCIL NO. 5, AFL-CIO and the STATE OF MINNESOTA July 1, 2013 through June 30, 2015

2 TABLE OF CONTENTS ARTICLE 1 - PREAMBLE... 1 ARTICLE 2 - RECOGNITION... 1 Section 1 - Existing Units... 1 Section 2 - Disputes... 1 Section 3 - Union Exclusivity... 1 ARTICLE 3 - UNION SECURITY... 2 Section 1 - Checkoff... 2 Section 2 - Exclusivity... 2 Section 3 - Employee Lists... 2 Section 4 - Indemnity... 2 Section 5 - Bargaining Unit Security... 2 ARTICLE 4 - SENIORITY... 2 Section 1 - Definitions... 2 A. State Seniority... 2 B. Classification Seniority... 2 C. Forfeiture and Interruptions... 3 D. Seniority Units... 3 E. Related Classes... 3 Section 2 - Seniority Earned Under Previous Collective Bargaining Agreements... 3 Section 3 - Seniority Rosters... 3 Section 4 - Appeals... 4 ARTICLE 5 - HOURS OF WORK... 4 Section 1 - General... 4 A. Consecutive Hours... 4 B. Work Shift... 4 C. Schedule Posting... 4 D. Meal Periods... 4 E. Rest Periods... 5 F. Reporting Time and Pay... 5 Section 2 - Non-Continuous and Non-Extended Operations... 5 A. Definition... 5 B. Work Day, Work Week/Period... 5 C. Flex-Time Scheduling... 5 Section 3 - Continuous and Extended Operations... 6 A. Definitions... 6 B. Work Day... 6 C. Turnaround Time... 6 D. Work Shift... 6 E. Daylight Savings Time... 6 Section 4 - Part-Time Hours... 6 A. Reduction of Hours... 6 B. Additional Hours... 7 ARTICLE 6 - OVERTIME... 7 Section 1 - Overtime Hours... 7 Section 2 - Overtime Rates... 7 Section 3 - Scheduled Overtime... 7 Section 4 - Distribution... 7 table of contents - 1

3 Section 5 - Liquidation... 8 A. General... 8 B. Compensatory Bank... 8 C. Cash Liquidation... 8 D. Compensatory Time Liquidation in Cash... 9 E. Use of Compensatory Time... 9 Section 6 - Call In and Call Back... 9 Section 7 - On Call Section 8 - Release From Work Section 9 - Duplication of Payment ARTICLE 7 - HOLIDAYS Section 1 - Eligibility Section 2 - Observed Holidays A. Five Day Operation B. Six or Seven Day Operation C. Floating Holiday Section 3 - Substitute Holidays Section 4 - Shift Work Section 5 - Holidays on Day Off Section 6 - Holiday Pay Entitlement Section 7 - Holiday Pay Section 8 - Work on a Holiday A. Scheduling B. Payment Section 9 - Religious Holidays ARTICLE 8 - VACATION LEAVE Section 1 - General Conditions A. Eligibility B. Use Section 2 - Length of Service Requirements/Accruals A. Accrual Rates B. Length of Service Requirements C. Proration D. Reinstatement of Accrual Rate E. Reinstatement of Vacation Balance F. Maximum Accruals Section 3 - Vacation Period Section 4 - Vacation Charges Section 5 - Work During Vacation Period Section 6 - Vacation Transfer and Liquidation Section 7 - Vacation Donation Program ARTICLE 9 - SICK LEAVE Section 1 - Eligibility Section 2 - Sick Leave Accrual Section 3 - Sick Leave Use A. Employee B. Others Section 4 - Requests Section 5 - Sick Leave Charges Section 6 - Transfer to Another Appointing Authority table of contents - 2

4 ARTICLE 10 - LEAVES OF ABSENCE Section 1 - Application for Leave Section 2 - Authorization for Leave Section 3 - Paid Leaves of Absence A. Bereavement Leave B. Court Appearance Leave C. Educational Leave D. Jury Duty Leave E. Military Leave F. Voting Time Leave G. Emergency Leave H. Blood Donation Leave I. Election Judge Leave J. Transition Leave K. Investigatory Leave L. Paid Administrative Leave Section 4 - Unpaid Leaves of Absence A. Unclassified Service Leave B. Educational Leave C. Medical Leave D. Parenthood Leave E. Military Leave F. Personal Leave G. Precinct Caucus or Convention H. Union Leave I. Leave for Related Work J. Volunteer Firefighter/Emergency Medical Technician/Natural Disaster Leave K. Elder Care Leave L. Leave to Vote in Tribal Elections Section 5 - Statutory Leaves Section 6 - Reinstatement After Leave ARTICLE 11 - JOB SAFETY Section 1 - General Section 2 - Local Safety Committee Section 3 - Employee Safety Section 4 - Meet and Confer on Assaultive Behavior Section 5 - Right to Know Training Section 6 - Building Safety Section 7 - Policy on VDT Ergonomics ARTICLE 12 - VACANCIES, FILLING OF POSITIONS Section 1 - Vacancies A. Defined B. Exceptions Section 2 - Employment Condition A. Hours of Work B. Appointment Status Section 3 - Work Areas Section 4 - Reassignment A. Within a Work Area B. Between Work Areas or Shifts C. Temporary Reassignment Section 5 - Job Posting Section 6 - Eligibility for Bidding table of contents - 3

5 Section 7 - Filling Positions A. Bidding B. Seniority Unit Layoff List C. Claiming D. Class (or Class Option) Layoff List E. Other Section 8 - Effects of Changes in Position Allocations on the Filling of Positions Section 9 - Effects of Reallocations on the Filling of Positions Section 10 - Probationary Period A. Required Probationary Period B. Discretionary Probationary Period C. Length of Probationary Period D. Probationary Evaluation E. Trial Period F. Non-Certification Section 11 - Performance Evaluations ARTICLE 13 - PROMOTIONAL RATINGS ARTICLE 14 - TRANSFERS BETWEEN AGENCIES ARTICLE 15 - LAYOFF AND RECALL Section 1 - Layoff Section 2 - Labor-Management Cooperation Section 3 - Permanent Layoff A. Determination of Position(s) B. Advance Notice C. Layoff Notification D. Procedure E. Conditions for Bumping or Accepting Vacancies F. Junior/Senior Plans G. Rights of Employees Returning to the Bargaining Unit H. Layoff Lists I. Seniority Unit Vacancies J. Recall K. Removal from Layoff Lists Section 4 - Seasonal Layoff A. Determination of Position(s) B. Advance Notice C. Layoff Order D. Record of Employees on Seasonal Layoff E. Recall from Seasonal Layoff F. Removal from the Seasonal Layoff Record G. Conversion to Permanent Layoff Section 5 - Temporary or Emergency Positions Section 6 - Limited Interruptions of Employment Section 7 - Subcontracting Section 8 - Voluntary Reduction In Hours Section 9 - Exclusion ARTICLE 16 - DISCIPLINE AND DISCHARGE Section 1 - Purpose Section 2 - Union Representation Section 3 - Disciplinary Procedure Section 4 - Investigatory Leave Section 5 - Discharge table of contents - 4

6 Section 6 - Appeal Procedures Section 7 - Personnel Files A. Materials in File B. Employee/Union Access to File C. Removing Materials from File Section 8 - Resignations ARTICLE 17 - GRIEVANCE PROCEDURE Section 1 - Grievance Procedure Section 2 - Processing Grievances A. Release Time B. Representatives C. Reference to Appendix K D. Steps E. Meet and Confer Section 3 - Arbitration Section 4 - Expedited Arbitration Section 5 - Arbitrator's Authority Section 6 - Time Limits ARTICLE 18 - WAGES Section 1 - Salary Ranges A. Salary Range Assignments B. Range Reassignments Section 2 - Conversion Section 3 - First Year Wage Adjustment Section 4 - Second Year Wage Adjustment Section 5 - Progression A. Compensation Grids 3-4-6, 7, and 7C B. Compensation Grid 7 DVS Exam and Inspection Specialist, DVS Exam and Inspection Specialist Senior, and Driver Improvement Specialist C. Compensation Grid D. Compensation Grids 2A and 3A E. Compensation Grid TSS (Transportation Specialist Series) F. Compensation Grid 4A Human Services Technician Section 6 - Salary Upon Class Change A. Promotion B. Voluntary Transfer C. Voluntary Demotion D. Demotion in Lieu of Layoff E. Non-certification During Probationary Period F. Salary Over Maximum on Reallocation G. Exception for Clerical Consolidation Transition Section 7 - Shift Differential Section 8 - Work Out of Class Section 9 - Severance Pay Section 10 - Injured on Duty Pay Section 11 - Performance Evaluations Section 12 - Health and Dental Premium Accounts Section 13 - Medical/Dental Expense Account Section 14 - Dependent Care Expense Account Section 15 - Deferred Compensation table of contents - 5

7 ARTICLE 19 - INSURANCE Section 1 - State Employee Group Insurance Program (SEGIP) Section 2 - Eligibility for Group Participation A. Employees - Basic Eligibility B. Employees - Special Eligibility C. Dependents D. Continuation Coverage Section 3 - Eligibility for Employer Contribution A. Full Employer Contribution - Basic Eligibility B. Partial Employer Contribution - Basic Eligibility C. Quarterly Look Back D. Special Eligibility Section 4 - Amount of Employer Contribution A. Contribution Formula - Health Coverage B. Contribution Formula - Dental Coverage C. Contribution Formula - Basic Life Coverage Section 5 - Coverage Changes and Effective Dates A. When Coverage May Be Chosen B. When Coverage May Be Changed or Cancelled C. Effective Date of Coverage D. Open Enrollment E. Coverage Selection Prior to Retirement Section 6 - Basic Coverages A. Employee and Family Health Coverage B. Employee Life Coverage Section 7 - Optional Coverages A. Employee and Family Dental Coverage B. Life Coverage C. Disability Coverage D. Accidental Death and Dismemberment Coverage E. Continuation of Optional Coverages During Unpaid Leave or Layoff ARTICLE 20 - EXPENSE ALLOWANCES Section 1 - General Section 2 - Automobile Expense Section 3 - Commercial Transportation Section 4 - Overnight Travel Section 5 - Meal Allowances A. Breakfast B. Noon Meal C. Dinner D. Reimbursement Amount Section 6 - Special Expenses Section 7 - Payment of Expenses Section 8 - Training Expenses A. Assigned Training B. Non-Assigned Training C. Travel Time D. Appeal Procedure Section 9 - Parking Section 10 - Certification and Licensure table of contents - 6

8 ARTICLE 21 - RELOCATION ALLOWANCES Section 1 - Authorization A. Eligibility B. Reimbursement C. Partial Reimbursement D. Discretionary Reimbursement Section 2 - Covered Expenses A. Travel Status B. Temporary Living Expenses C. Realtor's Fees D. Moving Expenses E. Documented Miscellaneous Expenses ARTICLE 22 - WORK RULES ARTICLE 23 - NON-DISCRIMINATION ARTICLE 24 - MANAGEMENT RIGHTS ARTICLE 25 - UNION RIGHTS Section 1 - Union Activities Section 2 - Employee Bulletin Boards ARTICLE 26 - SAVINGS CLAUSE ARTICLE 27 - HOUSING Section 1 - Rental Rates Section 2 - Utilities and Repairs Section 3 - Garage Space ARTICLE 28 - NO STRIKE OR LOCKOUT Section 1 - No Strikes Section 2 - No Lockouts ARTICLE 29 - LEGISLATIVE RATIFICATION Section 1 - Action Required Section 2 - Legislation ARTICLE 30 - BARGAINING UNIT ELIGIBLE WORK TRAINEES APPRENTICES Section 1 - Training/Apprenticeship Programs Section 2 - Benefits and Pay ARTICLE 31 - LABOR/MANAGEMENT COMMITTEES Section 1 - Purpose Section 2 - Statewide Committees A. Safety Committee B. Affirmative Action Committee C. Child Care Committee D. Parking Committee Section 3 - Local Labor/Management Committees ARTICLE 32 - WORKERS' COMPENSATION Section 1 - Return to Work A. Labor Management Committee B. Employment table of contents - 7

9 C. Union Notification D. Article 12 Waiver Section 2 - Sick Leave/Vacation Leave Coordination Section 3 - Insurance ARTICLE 33 - EMPLOYEE ASSISTANCE PROGRAM ARTICLE 34 - ADA/WORKERS COMPENSATION Section 1 - Purpose Section 2 - Information Section 3 - Process ARTICLE 35 - DURATION APPENDIX A - BARGAINING UNITS FOR WHICH AFSCME COUNCIL 5 HAS EXCLUSIVE BARGAINING RIGHTS APPENDIX B - PRORATED HOLIDAY SCHEDULE APPENDIX B1 - PRORATED HOLIDAY SCHEDULE APPENDIX C - PRORATED VACATION SCHEDULE APPENDIX D - PRORATED SICK LEAVE SCHEDULE APPENDIX E-1 - SALARY SCHEDULES (July 1, 2013 June 30, 2014) APPENDIX E-2 - SALARY SCHEDULES (July 1, June 30, 2015) APPENDIX F - PAY DIFFERENTIALS Section 1 - Payment of Intermittent Equipment Operations Differential Section 2 - Intermittent Equipment Operations Differentials A. Equipment Pay Classification 1 ($0.55 per hour) B. Equipment Pay Classification 2 ($0.95 per hour) C. Equipment Pay Classification 3 ($1.25 per hour) D. Equipment Pay Classification 4 ($1.50 per hour) Section 3 - Department of Human Services Section 4 - Transportation Communications Operator Differential APPENDIX G - SENIORITY UNITS APPENDIX H - CLASS OPTIONS APPENDIX I - JUNIOR/SENIOR PLANS APPENDIX J - PROHIBITION OF SEXUAL HARASSMENT APPENDIX K - APPOINTING AUTHORITY/DESIGNEE S DUTY TO FURNISH INFORMATION TO EXCLUSIVE REPRESENTATIVES REGARDING CONTRACT GRIEVANCES Purpose Policy What Information Should be Disclosed to the Exclusive Representatives table of contents - 8

10 Information That May Be Protected Fear of Retaliation Against Management's Witness "When" The Requested Information Should be Released to the Exclusive Representative Exceptions APPENDIX L - POLICY ON VDT ERGONOMICS Purpose and Scope Policy Policy Guidelines APPENDIX M - STATUTORY LEAVES APPENDIX N - STATEWIDE POLICY ON FAMILY MEDICAL LEAVE ACT APPENDIX O - LETTERS 1. State Policy on Reimbursement for Safety Footwear Employee Involvement in Purchasing Decisions Multi-Source Recruitment and Selection Process Minnesota Data Practices Act Parameters - Leave Time for EAP Appointments Employee Performance Reviews Duration of Probationary Periods Training Supervisors Medication Therapy Management (MTM) Master Negotiations Committee Members Schedules Job Audits Union Representatives to Attend Joint Labor-Management on Health Plan Meetings Wage Inequity Adjustments Merger of LPN 1 and LPN Expansion of Sick Leave Benefits Letter on a Meet and Confer on Bullying APPENDIX P - UNIT 6 POSITION QUALIFICATIONS APPENDIX Q - GLOSSARY APPENDIX R - DRUG TESTING APPENDIX S HIGH COST CENTERS FOR MEAL REIMBURSEMENT APPENDIX T - SUPPLEMENTAL AGREEMENTS Department of Administration Hours of Work Overtime Distribution Holidays Vacation Leave Vacancies, Filling of Positions Work Uniforms Attendance at Union Meetings Meet and Confer Department of Agriculture Flex-Time Plan Noon Meals Home Work Station table of contents - 9

11 4. Part-Time/Unscheduled Employees Meet and Confer Board of Animal Health Purpose Alternate Work Schedule Request Holidays and Paid Leave Hours Hours of Work Meet and Confer Department of Commerce Expense Allowances Attendance at Union Meetings Tools and Equipment Vacancies, Filling of Positions Work Out of Class Work Uniforms Flextime Department of Corrections - All Seniority Units Hours of Work Overtime Holidays Leaves of Absence Vacancies, Filling of Positions Wages Expense Allowances Affirmative Action Committees Supervisory Conferences Minnesota Correctional Facility/Faribault Overtime Minnesota Correctional Facility/Oak Park Heights Overtime Distribution Minnesota Department of Education Attendance at Union Meetings Bidding Department of Employment and Economic Development Layoff Notification Bidding from Layoff Seasonal Employees Employee Lists Appendix A -- List of Work Locations Minnesota State Academies Summer Program Hours of Work Work Schedules Flextime Scheduling Permanent Layoff Vacation Limited Work Overtime Attendance at Union Meetings Overnight Activities Eligibility for Bidding Probation Training Meet and Confer Part-time Hours Procedures Extracurricular Assignments Holidays table of contents - 10

12 17. Labor/Management Committees Gambling Control Board Flextime Schedules Department of Human Services - All Facilities No Layoff Agreement Memorandum of Understanding - Implementation Procedures Department of Human Services/Central Office Hours of Work Probation Vacancies, Filling of Positions Layoff and Recall Seniority Rosters Department of Human Services/State Operated Services - Adult Mental Health and Special Populations Hours of Work Overtime Holidays Vacation Leave Leaves of Absence Vacancies, Filling of Positions Discipline Relocation Allowances Department of Human Services/State Operated Services (MSOCS) (Brainerd,Fergus Falls, Metro/South/Walker, Moose Lake, Willmar) Hours of Work Overtime Holidays Vacation Vacancies Discipline and Discharge Department of Human Services/State Operated Services Forensics (METO/CSS,MSH, MSOP and Transition/Nursing Home) Union Security Seniority Hours of Work Overtime Holidays Vacation Leaves of Absence Job Safety Vacancies, Filling of Positions Discipline and Discharge Uniforms Iron Range Resources and Rehabilitation Board Expense Allowances Uniforms Holidays Giants Ridge Operation Pay Differentials Compensatory Bank Department of Labor & Industry Flextime Electronic Posting Probation table of contents - 11

13 Minnesota State Lottery Flex-Time Overtime Department of Military Affairs Work Out of Class Holidays Vacation Accrual Duluth Airfield Firefighters Sick Leave - Duluth Airfield Firefighters Hours of Work - Duluth Airfield Firefighters Overtime Duluth Airfield Firefighters Shift Differential Severance Pay - Duluth Airfield Firefighters Overtime Distribution Uniforms - Duluth Airfield Firefighters Camp Ripley Heavy Equipment Flex-Time Scheduling Pay Differentials MN.IT Services Hours of Work Overtime Distribution Holidays Vacation Leave Vacancies, Filling of Positions Attendance at Union Meetings Meet and Confer Minnesota State Colleges and Universities Part 1. All MnSCU Student Workers Parking MnSCU Labor-Management Committee Representatives MnSCU Safety Committee Safety Committee Minutes Seasonal Extensions Tuition Waiver Union Meetings Board of Trustees Meetings Seasonal Layoffs Notification of Layoffs Employment Condition Conflicts Holiday Proration Staff Development Joint Taskforce Substitute Holidays Holiday Pay Entitlement Uniforms Settlement of Disputes Hours of Work Changes for Summer and Academic Break Intra Campus Mail Overtime Cash/Compensatory Time Temporary Reassignment Full-time and Part-time Seasonal Employee Eligibility for Employer Premium Contribution to the Insurance Premium Balloon Payments for Summer Insurance Premiums Reduction in Hours Part 2. Co-located Institutions table of contents - 12

14 27. Implementation Definition of State Seniority Definition of Class Seniority Layoff and Bumping Definition of Full-time Work for Former Technical College Employees Hours of Work Co-located MOU Duration Part 3. Community Colleges Overtime Distribution Vacancies Hours of Work - 3-day Notice for Special Events Substitute Holidays Part 4. State Universities Vacation Vacancies Hours of Work Reduction in Hours Part 5. Technical Colleges Definition of State Seniority Definition of Class Seniority Layoff and Bumping Definition of Full-time Work Hours of Work Overtime Distribution Insurance Eligibility Full Employer Contribution Partial Employer Contribution Life Insurance Department of Natural Resources Hours of Work Layoff Temporary Employment Rate of Pay Settlement of Disputes Expense Allowances Uniforms Overtime Conflicts of Interest Pay Differentials Bargaining Unit Security Mobility Assignments Whitewater Watershed NR Forest Fire Response Lead & NR Forest Support Dispatcher Positions Seniority Rosters Minnesota Pollution Control Agency Flex-Time Scheduling Department of Public Safety Work Uniforms Security Guards, Security Communications Systems Monitors - Overtime and Overtime Distribution On-Call Hours of Work Capitol Security Guards - Work Assignments Employee Telephones LCR Noon Meals Filling of Positions table of contents - 13

15 9. LCR 1 Seniority DVS Examining - Vacation Safety Telecommuting Conflict of Interest Attendance at Union Meetings Department of Revenue Application Benefits Layoff and Recall Filling of Seasonal Vacancies Seniority Filling of Vacancies Attendance at Local Union Meetings Overtime Distribution Waiver of Notice for Shift Change Achievement Awards Extended Vacation Requests Minnesota State Retirement System Purpose Flex-Time Schedule Request Review of Requests Altered Schedules Holidays and Paid Leave Hours Hours of Work Appeals Duration Modification Department of Transportation Meet and Confer Seniority Position-Qualified Hours of Work Overtime Distribution Reassignment Tools and Equipment Loss Maintenance Seasonal Work Crews Limited Interruptions of Employment Safety Inspections Work Out of Class Probationary Period Training Opportunities Attendance at Union Meetings Lump Sum Payments Voluntary Transfers Transportation Specialist Series Vacancies Transportation Specialist Series (TSS) Compensation Grid Minnesota Department of Veterans Affairs - Minnesota Veterans Home Fergus Falls Hours of Work Uniforms Overtime Job Safety Holidays table of contents - 14

16 Minnesota Department of Veterans Affairs - Minnesota Veterans Home - Hastings Hours of Work Work Schedules Overtime Distribution Attendance at Union Meetings Conflicts of Interest Overnight Activities Uniforms Wages Minnesota Department of Veterans Affairs - Minnesota Veterans Home - Luverne Scheduling Conflicts of Interest Overtime Holidays Union Leave Minnesota Department of Veterans Affairs - Minnesota Veterans Home Minneapolis Hours of Work Additional Part-time Hours Insurance Benefits Eligibility Overtime Distribution Attendance at Union Meetings Unit Adjustment Vacation Vacancies, Filling of Positions Overnight Activities Holidays Recruitment Bonuses Dedicated space for employees meal and rest breaks Minnesota Department of Veterans Affairs - Minnesota Veterans Home - Silver Bay Scheduling Overtime Distribution Attendance at Union Meetings Vacation Leave Minnesota Department of Veterans Affairs - Minnesota Veterans Home - Agency Vacation Leave Flextime Probation Extensions Minnesota Zoological Gardens Employees Returning From Workers' Compensation Vacancies Attendance at Union Meetings Safety Pay Differentials Additional Shifts of Work for Part-time Unlimited and Seasonal Employees table of contents - 15

17 ARTICLE 1 - PREAMBLE This Agreement is made and entered into this 19 th day of September, 2013, by and between the State of Minnesota, hereinafter referred to as the EMPLOYER, and the Minnesota AFSCME Council 5, AFL-CIO, and its affiliated Local Unions, and unless otherwise noted in this Agreement, "UNION" hereinafter refers to the Minnesota AFSCME Council 5, AFL-CIO. This Agreement has as its purpose the promotion of harmonious relations between the parties; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other conditions of employment; and to express the full and complete understanding of the parties pertaining to all terms and conditions of employment. If the parties mutually agree during the term of this Agreement, this Agreement may be supplemented by such additional provisions relating to departmental issues as the parties to this Agreement deem appropriate. Failure of the parties to reach such supplemental agreement shall not be subject to the impasse procedures as set out in the Minnesota Public Employment Labor Relations Act. Any agreement which is to be included as a part of this Agreement must so indicate, must be reduced to writing, and must be signed by the parties to this Agreement. ARTICLE 2 RECOGNITION Section 1. Existing Units. The Employer recognizes the Union as the exclusive bargaining representative of all the employees included in the bargaining units certified by the Bureau of Mediation Services, Case Numbers 80-PR-1258-A, 80-PR-1259-A, 80-PR-1260-A, 80-PR-1261-A, 80-PR-1262-A. The composition of these units is as set forth in Appendix A of this Agreement. To be covered by this Agreement, employees must work fourteen (14) or more hours per week (or thirty-five (35) percent of the normal work week in the employee's bargaining unit) and be employed more than sixty-seven (67) working days in any calendar year. Employees shall be placed in the bargaining unit as soon as the Appointing Authority anticipates that they will work sufficient hours and days to be eligible for bargaining unit inclusion. Section 2. Disputes. The assignment of newly created classes to a bargaining unit or the reassignment of existing classes to a different bargaining unit shall be subject to the determination of the Director of the Bureau of Mediation Services in accord with the provisions of the Minnesota Public Employment Labor Relations Act. Disputes which may occur over the inclusion or exclusion of new or changed job positions shall be referred to the Bureau of Mediation Services for expedient resolution. The decision of the Bureau of Mediation Services shall prevail during or pending any appeal(s) from such decision. Section 3. Union Exclusivity. The Employer will not, during the life of this Agreement, meet and confer or meet and negotiate with any individual employees or with any other employee organization with respect to the terms and conditions of employment of the employees covered by this Agreement except through the Union or its authorized representatives. The Employer will not assist or otherwise encourage any other employee organization which seeks to bargain for employees covered by this Agreement AFSCME Contract Page 1

18 ARTICLE 3 - UNION SECURITY Section 1. Checkoff. The Employer shall deduct the bi-weekly membership dues from the earnings of those employees who authorize such deductions in writing. The Union shall submit such authorizations and certify the amounts to be deducted at least seven (7) days prior to the end of the payroll period for which the deductions are to be effective and the deductions shall continue in effect until canceled by the employee through the Union. The aggregate deductions of all employees, together with a detailed record, shall be remitted to the Union office within ten (10) days after such deductions are made. Section 2. Exclusivity. No other employee organization shall be granted payroll deduction of dues for employees covered by this Agreement. Section 3. Employee Lists. The Employer shall report to the Union the information on all employees added to or removed from the bargaining unit(s) in the seniority unit(s). The report shall be made on a bi-weekly payroll period basis and shall be transmitted no later than one (1) week following the end of each payroll period. Upon the request of the Union, the Employer shall provide the Union with a listing of all employees in the bargaining units represented by the Union. Section 4. Indemnity. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken as a result of a request of the Union under the provisions of this Article including fair share deductions and remittances. Section 5. Bargaining Unit Security. Upon the request of the Local Union, the Appointing Authority shall provide the Local Union general information on the use of non-employee labor. ARTICLE 4 - SENIORITY Section 1. Definitions. A. State Seniority. "State Seniority" is defined as the length of employment with the State of Minnesota since the last date of hire. B. Classification Seniority. For employees in classes in Units 2, 3, and 7, "Classification Seniority" is defined as the length of service in a job classification with the State of Minnesota, beginning with the date an employee begins to serve a probationary appointment. For employees in classes in Units 4 and 6, Classification Seniority is no longer used. 1. Bumping, Demotions, Transfers. Classification Seniority in a class to which an employee bumps, demotes or transfers shall include Classification Seniority in all higher or equal related classes in positions represented by the Union or in confidential positions. The employee may use such related class Classification Seniority to exercise a bump, transfer or demotion in lieu of layoff. 2. Reallocations. Classification Seniority for employees whose positions are reallocated to a lower or equal class after January 1, 1980, shall include service in the class from which they were reallocated, regardless of whether or not the higher or equal class is a "related" class in accord with "E" below AFSCME Contract Page 2

19 3. Trainee and Provisional Appointments. Employees on a trainee or a provisional appointment, shall have Classification Seniority credited to the date of hire at the time an employee begins to serve a probationary period in a related classification. 4. Temporary Appointments. Effective July 23, 1985, an employee who serves a temporary appointment in a class and receives a probationary appointment to that class shall have Classification Seniority credited to the beginning of the temporary appointment provided there was no break in service between the appointments. For employees hired after November 18, 2005, seniority shall include those situations where the employee serves a temporary appointment followed by an emergency appointment in the same classification with no break in service between appointments. 5. Trial Period and Non-certification. An employee who returns to a former class under the conditions of Article 12, Section 10 E or F shall accrue seniority as if continually employed in the former class. C. Forfeiture and Interruptions. Seniority shall be forfeited when an employee separates from State employment. Time on the layoff list or an approved leave of absence shall not constitute an interruption in seniority. Classification Seniority shall include all service in confidential position(s) but shall exclude service in positions not represented by the Union. D. Seniority Units. "Seniority Unit" is defined as all employees in bargaining units represented by the Union in each agency as listed in Appendix G. E. Related Classes. "Related Classes" are those classes which are similar in the nature and character of the work performed and which require similar qualifications. Section 2. Seniority Earned Under Previous Collective Bargaining Agreements. Employees shall continue to have their seniority calculated as provided for under the Collective Bargaining Agreement or Memoranda of Understanding except as specifically provided elsewhere in this Agreement. Section 3. Seniority Rosters. No later than November 30 and May 31 of each year Appointing Authorities shall prepare and post on all employee bulletin boards seniority rosters for each seniority unit and one (1) copy shall be furnished to the Local Union. The rosters shall list each employee in the order of Classification Seniority (State Seniority for Units 4 and 6) and reflect each employee's date of Classification Seniority, date of State Seniority, and the date of Classification Seniority and class title for all classes in which the employee previously served. [Note: Classification Seniority dates need not be listed for classes in Units 4 and 6.] In addition, the Appointing Authority shall list the class options (if any) for which an employee is qualified. If an employee disagrees with the class options listed, the employee shall have thirty (30) calendar days from the date of the posting of the seniority roster to notify Minnesota Management & Budget (MMB). MMB shall determine whether the employee meets the minimum qualifications for the class option. The rosters shall also identify the type of appointment if other than full-time unlimited. When two (2) or more employees have the same Classification Seniority dates, seniority position shall be determined by State Seniority. Should a tie still exist, seniority shall be determined by length of prior State service. Should a tie still exist, seniority shall be determined by lot. The rosters shall also include a listing of all employees in Student Worker classifications AFSCME Contract Page 3

20 Section 4. Appeals. Employees shall have thirty (30) calendar days from the date of the posting or from return to work from a leave of absence of more than fourteen (14) calendar days to notify the Appointing Authority of any disagreements over the Seniority Roster. Appeals are limited to changes since the previous posting. The Appointing Authority may make corrections to the Seniority Roster during the thirty (30) calendar day appeal period. After the close of the thirty (30) calendar day appeal period, the Appointing Authority shall post an addendum of any changes to the Seniority Roster. Between postings, the Local Union and the Appointing Authority may agree in writing to changes after the appeal period. Such changes shall be incorporated in the next Seniority Roster and be so identified. ARTICLE 5 - HOURS OF WORK Section 1. General. A. Consecutive Hours. The regular hours of work each day shall be consecutive except that they may be interrupted by unpaid lunch periods. No split shifts will be implemented without the mutual agreement of the Local Union and the Appointing Authority. Each party may cancel such agreement with thirty (30) days written notice to the other party. B. Work Shift. A work shift is defined as a regularly recurring period of work with a fixed starting and ending time, exclusive of overtime work. The Appointing Authority may change the starting or ending times of an existing shift up to and including two (2) hours after providing the notice period required in Section 1(C). C. Schedule Posting. Work schedules showing the shifts, days, and hours of all employees shall be posted at least fourteen (14) calendar days in advance of their effective day. All schedule changes shall require such a fourteen (14) day notice except for the three situations referenced in Section 2B 3 and Section 3B which require a twenty-eight (28) day notice. In addition, employees being returned to work as part of a workers' compensation placement are not entitled to a fourteen (14) day notice. Employees who are qualified and capable may mutually agree to exchange days, shifts, or hours of work with the approval of their supervisor which shall not be unreasonably denied and provided such change does not result in the payment of overtime. If requested by the employee, the employee may change days, shifts, or hours of work with the approval of his/her supervisor provided such change does not result in the payment of overtime. A voluntary change of shifts under this section results in the payment of overtime only when it places the employee s hours of work in excess of those permitted by the Fair Labor Standards Act. D. Meal Periods. Employees shall normally be granted an unpaid lunch period of no less than thirty (30) minutes nor more than sixty (60) minutes near the midpoint of each work shift. Employees who are required to remain in a duty status or who are assigned to perform work during meal periods shall be paid for such time at the appropriate rate, straight time or overtime, whichever is applicable AFSCME Contract Page 4