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Middle Management Association's Proposals for Modifications in the Parties 2009-2011 CBA

Article 4-Association Rights

Section 4. Notification (p. 2)

  • Discuss movement of supervisors to managerial.

 Article 6-Discipline and Discharge

New paragraph. Clarify right of Association to record interviews and Loudermill Hearings.

Section 2. Disciplinary Action (p.3)

  • On # 3, disciplinary suspension, delete the word “paid.”
  • On #4, disciplinary suspension, delete “equivalent reduction of vacation balance” and change to say “vacation reduction or working suspension with the employee’s consent to use either one.”

Section 3. Investigatory Leave (p. 3)

  • Investigative leave may not exceed 45 days without the consent of MMA and may only be used in cases of allegations of criminal conduct.
  • The Agency must provide a copy of the investigatory leave letter to the employee and to MMA at or before the start of the investigatory leave.

Section 4. Investigatory Interview (p. 3)

  • An investigation of a supervisor must be completed in 90 days from the date of notification of investigation to supervisor. MMA and supervisor shall be notified in writing as to the conclusion of investigation and informed as to what results/findings there are as it pertains to the supervisor.
  • Advance notice of allegation: 1 st paragraph, the supervisor shall be advised of the principal allegations being investigated and the alleged time and place of the occurrence at least three (3) days prior to questioning.

Article 7-Grievance Procedure

Section 1. Definition of a Grievance (p. 5)

  • Step 1. In the 3 rd sentence which begins “within 10 calendar days…” delete the phrase “the grievant’s immediate superior or the” and take out “and the Association Representative” so that the sentence reads “Within ten (10) calendar days after receiving the written grievance, the Appointing Authority’s designee shall arrange a meeting…”

 

  • Step 2. Make grievance timelines mandatory for both sides by adding BMS ’s language to Step 2, “A failure of an employer representative to comply with the time periods and procedures shall require mandatory alleviation of the grievance as required in the last statement by the exclusive representative.”

Article 8-Vacation and Sick Leave

Section 1, E. Accumulation of Vacation (p. 9)

  • Increase both vacation cash out (currently 260 hours) and floating vacation cap (currently 275 hours) to 300 hrs.

Section 6. Sick Leave Use, B. Others (p. 11)

  • Allow sick leave use for dependent child even if not living in same household.
  • Increase from 24 to 40 the amount of hours available to use for parents not living in the household and allow the time to also be used consistent with B.3, to arrange for nursing care.

Section 9. Vacation Conversion to Deferred Compensation (p. 12)

  • 1 st paragraph. All supervisors should be eligible even if not at the top.
  • 2 nd paragraph. Donated vacation should count as vacation “use” for determination of eligibility for vacation conversion.
  • 2 nd paragraph. Change conversion factor to 1 to 1(currently 3 to 1). Also, increase maximum amount that can be converted to 50 hours (currently 40 hours).
  • If vacation conversion is not chosen or no election is made, default is that they are eligible for the $300 match (make related change in wage section on Deferred Comp Article 16, Section 13).

 Article 11-Hours of Work and Overtime

Section 1 and 2: for all Supervisors (p. 18)

  • Provide time and a half overtime (1 ½) for all supervisors.
  • Count all paid time as time worked for purposes of calculating overtime.

Section 1 A. Consecutive Hours (p. 17)

    • Discuss rotating shifts with proposal to follow.

 

Section 3. Compensatory Bank (p. 20)

  • Increase the maximum hours eligible for conversion to deferred comp to 50 hours (currently 40 hours).

Section 5. On Call (p. 21)

  • Change on-call compensation (currently $50/24 hour period) to the following:

A supervisor who is instructed to remain in an on-call status shall be compensated for such time the rate of fifteen (15) minutes straight time for each one (1) hour of on-call status. Such compensation shall be limited to four (4) hours of straight time pay per calendar day.

  • Add language from the MN Academy supplemental to apply to all supervisors in all departments as follows: (p. 73)

A supervisor who is not on-call, but receives a work-related telephone call(s) between the hours of 11:00 p.m. and 8:00 a.m. shall receive a minimum of one (1) hour of compensatory time. If a supervisor provides telephone assistance for more than one (1) hour during this time period, the supervisor can add the actual time worked beyond the one (1) hour minimum rounded upward the near to the nearest half (1/2) hour or hour, whichever is applicable.

New Section 7: Time Reporting

  • Allow exception time reporting or allow actual time worked to be recorded.
  • Make clear that any exempt employee who works beyond 40 hours, and is not approved for comp time, may balance it out in the next two successive payroll periods.

Article 12-Seniority

Section 1, C. Bumping, Demotions, and Transfers (p. 21)

  • 2 nd Paragraph. Eliminate the accumulation of MMA seniority time by managers and others while outside the unit. Also, see related proposal in Article 13, #2 on the proposal to eliminate bumping rights for managers.

Article 13-Layoff and Recall

Section 7. Layoff (p. 24)

  • New paragraph. In the next last paragraph, delete 2 nd sentence. (p. 25)
  • Clarify the bumping rights available for supervisors who are reallocated or have a change of allocation.

Section 11. Removal from Layoff List (p. 27)

  • Add new “F”: If employee on recall has existing medical condition for which he/she are being treated and the condition precludes him/her from taking a job, then his/her rejection of the offer will not result in his/her removal from the recall list.

Article 14 – Filling of Positions

Section 3 – Filling of Vacancies (p. 28)

Clarify order of filling of vacancies, as follows:

  • Notice of layoff, but not laid off.
  • Section 3, 1 st paragraph: Expression of interest – delete “or probationary.”
  • Seniority unit layoff list.
  • Transfer or promote a supervisor.
  • Agency/State layoff list.
  • Claiming
  • Other

Article 15 – Probationary Period

Section 1 – Probationary Period (p. 29)

  • Change first sentence of the 3 rd paragraph. so the sentence reads “notwithstanding the above, an incumbent appointed to a reallocated position shall not serve a three (3) month probationary period.”

Article 16-Wages

Section 1. Wage Proposal to follow.

Section 2. Provide steps each year of the contract.

 Section 4. Salary upon Class Change (p. 31)

  • Promotion. Provide at least a two (2) step increase when promoted (currently 1 step).
  • Voluntary Transfer. If transferred to any higher class, provide at least a one (1) step salary increase.

 Section 5. Shift Differential (p. 32)

    • Add: Weekend (Friday midnight – Sunday midnight ) shift differential shall be seventy cents ($.70) per hour for all hours worked that shift.

Section 7. Severance Pay (p. 32)

  • Remove the requirement for “continuous” state service for eligibility for severance pay.
  • Increase Severance payout to 50% (currently 35% of accumulated sick leave).

Section 8. Health Care Savings Plan (p. 33)

  • Discuss availability of MMA to get an agreement with MMB to increase this contribution during Contract Term, should MMA choose to.
  • Delete the word “continuous” (housekeeping change to implement Section 7 #1 proposal above).

Section 13. State Contribution to Deferred Compensation Plan (p. 34)

    • Increase to $500 (currently at $300).

 Corrections Trades Differential (p. 34 of 2003-05 CBA )

      • Restore Corrections Trade Differential as required by the 5/30/07 MOU language as follows:

Where a correctional trades employee in an adult institution receives a differential, the supervisor shall receive a pay differential equal to that amount necessary to provide the supervisor with at least thirty-five cents ($0.35) more than the highest paid correctional trades employee under his/her supervision. This differential is restricted to supervisory staff of trades employees and is not available to administrative or correctional counselor staff.

 

Article 17-Insurance

Health Insurance- Further Bargaining Subsequent to the Outcome of Coalition Bargaining.

Section 3. Eligibility for Employer Contribution (p. 36)

4. Corrections Early Retirement Incentive (p. 37)

  • Remove the cliff to conform with law (EEOC lawsuit).
  • Allow corrections plan retiree to add spouse who is also state employee to insurance.

 Article 18-Expense Allowances

Section 4 – Overnight Travel (p. 54)

  • Clarify that a supervisor should be entitled to reasonable costs of single room when traveling.

Section 5. Meal Allowances (p. 55)

  • Discuss “travel status.”
    • Clarify eligibility for meal reimbursement and that 35 miles does not apply to breakfast or dinner.
  • Increase all reimbursement amounts by $2.

Article 25 – Voluntary Reduction in Hours

(p. 62) Provide that a supervisor taking a leave of absence under this Article shall have the option of continuing contributions into MSRS as if s/he had been actually employed during the time of the lave. IF the supervisor chooses this option, the Appointing Authority shall also continue to contribute to MSRS as if fully employed.

* MMA retains the right to add to or modify the proposals listed here.

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