The Employee Rights Committee (ERC) consists of the chief steward of each region and the MAPE's Statewide First Vice President. The First Vice President chairs the Committee.
This committee of chief stewards hears grievant appeals of the Arbitration Team's decision to not take a grievance to arbitration. The ERC decides whether to accept the Arbitration Team’s recommendation to drop class action grievances. The ERC also sets policy and provides direction on issues related to the contract, grievances and grievance handling.
MAPE will hold a basic steward training class on Thursday, April 19, at the MAPE Office in Shoreview. Registration starts at 8 a.m., with the class beginning at 8:30 a.m. at MAPE.
For directions to the MAPE office, please go here: www.mape.org/content/contact-us
To sign up, contact Patty at pfadden@mape.org
MAPE Employee Rights Committee
Tuesday, January 24, 2012
MAPE Board Room
Recorded by: Andy Bindman
Edited by: Jamie Fitzpatrick
Attended:
Jamie Fitzpatrick (First VP), Bud Kincaid (1), Alice Percy (2), Jason Moran (3), Bertha Doby (4), Ted Sitz (5), Debra Hagel (6), Jan Thomas (7), Jessie Saavedra (9), Michael Landers (10), Ted Boal (11), Andy Bindman (12), Frank Barr (13), Greg Williams (14), Bryan Kotta (15), Scott Rood (16), Kim McConaughy (17), Jim Marka (18), Norleen Turensky (19), Kay Pedretti (20), Paul Wehrmeister (21).
Excused:
Employee Rights Committee Minutes
March 23, 2011
MAPE Board Room
3460 Lexington Ave. N, Suite 300
Shoreview, MN 55126
Jill Hiatt (First VP), Carol Johnson for Bud Kincaid (1), Julie Sullivan (2), Jason Moran (3), Ted Sitz (5), Jan Thomas (7), Jessie Saavedra (9), Michael Landers (10), Andy Bindman (12), Russell Raczkowski (13), Greg Williams (14), Kim McConaughy (17), Cindy Kragenbring (18), Paul Wehrmeister (21).
Absent:Bertha Doby (4),Debra Hagel (6),Bob Richards (8),Ted Boal (11), Bryan Kotta(15), Scott Rood (16),Norleen Turensky (19), CathyFinken (20)
Recorded by Jill Hiatt
The meeting was called to order by MAPE First Vice President Jill Hiatt at 8:30.
Updates from each region by the Chief Steward.
(REMINDER! All ERC attendees who need a hotel room must contact Candi Nelson every time an ERC meeting is scheduled or changed. )
MSP – Approve the Agenda as amended (One scheduled appeal was postponed at appellant request)
MSP – Approve the minutes from January 19, 2011
Heard appeal on grievance 10-04-005492 with Joe McMahon presenting on behalf of the Arb Team and appellant representing themselves via speakerphone.
MSP – Uphold the decision of the Arb Team to not move grievance 10-04-005492 to arbitration.
Discussions
• Steward Training –The 2.5 training proposal presented to the BOD that combined both entry and advanced levels was rejected. Therefore we will continue with the current cycle of 1 day basic, 2 day advanced with prerequisites. Basic, entry level training will take place on May 19 at the MAPE office. This is an all-day training.
• Because we are back to prerequisites for advanced steward training and because there is sometimes difficulty in keeping stewards engaged, it falls on the Chief Steward to work hard to expose stewards to as much activity as possible, including bringing more than one steward to an investigation, grievance hearing or just talking with a member who reaches out for advice or consultation.
• Steward vs. Communicator. Currently, students who complete entry level steward training are asked to make a decision at the end of that training day whether they want to be a member representing steward or not do member representation and instead take on other work (recruitment, organizing, communications, etc.) and be called “MAPE Communicator”. Debate on if we are giving up anything by Communicators not being allowed release time to do their work like stewards are. Maybe everyone should be called a steward and just be assigned either member representation duties or communicator duties. The ERC requests that ED Jim Monroe come to the April 26 meeting to discuss this topic. We also want to discuss what Chief Stewards can do when stewards don’t participate and don’t respond to any contact by the Chief Steward.
• Grievance reports – A request has been made from the ERC to the Executive Director that Chief Stewards receive a list of grievances for their region each month, including the names of the grievants. I’m asking that these begin April 2011. The time lag is to make sure that all BAs have gotten their grievance info updated in the central database. The following question was asked from the ERC; Can more than one steward be listed as “steward of record” on a grievance in the database? Answer; No. There is only one available field each for BA, Chief Steward and Steward of Record.
• Sharing confidential/private information with the grievant; a small representative group from the ERC will meet with Executive Director to discuss. The ED requested 3-4 people, the ERC decided to send 6 [Jason Moran (3),Ted Sitz (5), Jessie Saavedra (9), Michael Landers (10), Andy Bindman (12), Russell Raczkowski (13)].
• Steward meetings – Everyone agrees that regular steward meetings organized by the Chief are important and being consistent with inviting stewards to attend. Discussion on how much grievance detail should be shared at these meetings. Consensus was everything short of names is fine.
• What is considered reasonable release time to meet with a grievant before the grievant’s superiors can impose time limits? No definite answers, and this appears to be an issue in only one location, so we’ll have to wait and see if we have a good case to push back on or get some language in the contract to address.
ITEMS FOR APRIL 26, 2011 MEETING
• We have 3 appeals scheduled
• Jim Monroe on Steward vs. Communicator and dis-engaged stewards
MSP to adjourn at 3:00PM
Next Meeting – April 26, 2011
REMINDER – Chief Steward elections to occur between May1 and May31, 2011 for the following regions; 2, 4, 6, 8, 10, 12, 14, 16, 18, 20.
Employee Rights Committee Minutes
January 19, 2011
MAPE Board Room
3460 Lexington Ave. N, Suite 300
Shoreview, MN 55126
Jill Hiatt (First VP), Bud Kincaid (1), Julie Sullivan (2), Jason Moran (3), Bertha Doby (4), John Bower for Ted Sitz (5), Jan Thomas (7), Jessie Saavedra (9), Michael Landers (10), Andy Bindman (12), Russell Raczkowski (13), Greg Williams (14), Bryan Kotta (15), Scott Rood (16), Kim McConaughy (17), Cindy Kragenbring (18), NorleenTurensky (19), Paul Wehrmeister (21).
Absent:Debra Hagel (6), Bob Richards (8), Ted Boal (11), CathyFinken (20)
Recorded by Andy Bindman
The meeting was called to order by MAPE First Vice President Jill Hiatt at 8:30.
Introductions and updates from each region
REMINDER! All ERC attendees who need a hotel room must contact Candi Nelson (notCathy Smalec) every time an ERC meeting is scheduled or changed.
MSP – Approve the minutes from November 10, 2010
MSP – Approve the Agenda as amended
MSP consensus (Kotta)To add to agenda discussion of exit survey from investigations.
MSP consensus (Landers) To add an update on Memo from ED Jim Monroe on steward access to confidential information.
9:23AM - Distribute appeal hearing material
9:46AM - Appeal Hearing Class Action Grievance #7-22-5070
Although invited, no members or stewards from Region 20 attended.
Business Agent Sheila Pokorny represented the Arbitration Review Committee.
9:46AM - Distribute appeal hearing material
10:20AM - Appeal Hearing Class Action Grievance #2010-C-005569
Business Agent Joe McMahon represented the Arbitration Review Committee.
Although invited, no members or stewards from Region 5 attended.
MSP (Williams) Uphold decision of MAPE’s Arbitration Team on Class Action Grievance #7-22-5070.
MSP (Kotta) Uphold decision of MAPE’s Arbitration Team on Class Action Grievance #2010-C-5569.
First VP Hiatt recommended we email Joe McMahon and CC Jim Monroe on issues we have with the DEED policy on balancing of hours.
11:00AM – Executive Director Jim Monroe
- Reported to the ERC on issues facing MAPE and all public employees
- Monroe would like for stewards to handle more investigations and first step grievances to free up BAs for other work.
12:10 Break for Lunch-
12:47PM Return from lunch
12:47PM – Distribute appeal hearing material
2:00PM – Appeal Hearing – Grievance # 10-08-5567
Business Agent Tom Dougherty represented the Arbitration Review Committee.
The grievant represented herself with assisting steward Scott Rood.
MSP (Kragenbring) Go into executive session.
MSP (Kragenbring) Leave executive session.
MSP (Kotta) To uphold the decision of MAPE’s Arbitration Teamconcerning Grievance # 10-08-5567.
• Discussion of Basic Steward Training (Hiatt) (Draft agenda attached)
- Proposal will go to the Board of Directors on Friday
- 2 ½ day training to replace current 3 day approach
* Basic and Advance rolled into one
Comments from ERC regarding additions to the Steward Training agenda;
1. Add an explanation of the role of the business agent
2. Describe how the funding works for attending training or representing members, including how to complete lost time and expense forms
3. Some members of the ERC want all names sent to MMB, whether they are a steward or a MAPE Communicator, so that the person can use state time to conduct union business.
• MSP (Hiatt) Updated ERC Policy on Arbitration Denial Hearings (attached)
MSP (Bindman) Change “BA of record” to “Arbitration Team” in section 2b.
MSP (Kotta) insert “arranged in chronological order” in section 9.
• Discussion on “What is considered "reasonable" release time to interview a grievant and what if we get pushback by HR” - this will be on the agenda at the next meeting.
• Discussion of exit survey for members to complete after an investigation. Great idea. ERC members should come back with ideas at the next meeting.
• Memo from ED Jim Monroe on steward access to confidential information. There is disagreement on what the final version of the policy really is since there was discussion on it at the November ERC meeting. ERC members are asked to email Jim with their thoughts on what they believe was the final resolution after that discussion.
Next ERC meeting is March 23, 2011
MSP to adjourn at 4:45PM
MAPE will hold a basic steward training class on Thursday, May 19, at the MAPE Office in Shoreview. Registration starts at 8:30 a.m., with the class beginning at 9 a.m. at MAPE.
To sign up, contact Patty at pfadden@mape.org
Please register by May 9, since the class size is limited.
Employee Rights Committee Minutes
November 10, 2010
MAPE Board Room
3460 Lexington Ave. N, Suite 300
Shoreview, MN 55126
Jill Hiatt (First VP), Carol Johnson for Bud Kincaid (1), Julie Sullivan (2), Jason Moran (3), Bertha Doby (4), Ted Sitz (5), Debra Hagel (6), Jan Thomas (7), Bob Richards (8), Jessie Saavedra (9), Michael Landers (10), Ted Boal (11), Andy Bindman (12), Russell Raczkowski (13), Greg Williams (14), Bryan Kotta (15), Scott Rood (16), Kim McConaughy (17), Cindy Kragenbring (18), Norleen Turensky (19), Paul Wehrmeister (21).
Absent:
Cathy Finken (20)
Recorded by Bryan Kotta
The meeting was called to order by MAPE First Vice President Jill Hiatt at 8:30.
MSP – Approve the Agenda
MSP – Approve the minutes from September 16, 2010
1. Introductions and updates from each region
REMINDER! All ERC attendees who need a hotel room must contact Candi Nelson (not Cathy Smalec) every time an ERC meeting is scheduled or changed.
2. Training – Jean Ritala - "Narcissism and Bullying in the Workplace"
· 3 hour comprehensive look at this issue
· Extra handouts available
3. Gregg Corwin and Jim Monroe on data privacy and confidential material involving investigations.
· Discussion on topic with handout from Jim defining access. (attached)
4. On-Call, Call-Back Policy.
· Jim is asking for everyone to keep their ears open and spread the word about management attempting to negotiate different practices with their staff. Let your BA know if you hear of anything.
5 Discussion on developing a background check policy for new stewards.
· Asked those with an opinion or background in this area to suggest an approach.
MSP to adjourn at 3:45PM
ERC Minutes - September 16th, 2010
Attendees:
Jill Hiatt (First VP), Carol Johnson for Bud Kincaid (1), Julie Sullivan (2), Richard Andre for Jason Moran (3), Bertha Doby (4), Ted Sitz (5), Debra Hagel (6), Jan Thomas (7), Bob Richards (8), Jessie Saavedra (9), Michael Landers (10), Andy Bindman (12), Greg Williams (14), Bryan Kotta (recorder)(15), Scott Rood (16), Kim McConaughy (17), Cindy Kragenbring (18), Norleen Turensky (19), Paul Wehrmeister (21).
Absent:
Ted Boal (11), Russell Raczkowski (13), Cathy Finken (20)
8:30 - Introductions and updates from each region
Message from Negotiations Team – Each Chief Steward should pass the word that local contract negotiation committees should get established in anticipation of disseminating information coming from the Negotiations Team.
MSP Approve minutes form last meeting
REMINDER! All ERC attendees who need a hotel room must contact Cathy Smalec every time an ERC meeting is scheduled or changed. When a meeting day is scheduled or changed, Cathy makes no assumptions about who will attend.
9:00 - Time Certain - Distribute appeal hearing material 10:00 - Appeal Hearing
MS - Uphold the decision of the arbitration team.
MSP – Enter Executive session to discuss appeal for grievance number 09-08-5368
MSP – Leave Executive session
Passed – Vote to uphold the decision of the arbitration team.
Lunch
1:00 - Resources for members re: position reallocation requests. Information in the attachment is out of date and doesn’t reflect current practice in most agencies. If a member is serious about requesting a job audit or seeking a reallocation, they should contact their Business Agent for advice and direction.
Jim Monroe (a) Discussion on steward background checks - possible change in policy.
Jim will consult with insurance carrier and Corwin regarding our liability for having stewards with certain levels of criminal backgrounds. Discussion from the group - we have to allow for past transgressions and also protect our assets from potential liability. More to come on this topic.
(b) Layoffs – More will be coming all over the state.
Current issues,
MNSCU layoffs (approximately 41 at this time)
Fireman training program has been eliminated.
Contracting (OET)
(c) Jim handed out Governor’s race side by side comparison.
Redistricting next year makes this election this fall very important.
(d) Data privacy discussion. Leading up to the discussion of proposed policy change (below), Rick Nelson and Jim talked about the confidentiality agreements that each Business Agent must sign in order to receive copies of confidential documents. The steward of record may view the confidential data but no one else outside of MAPE Business Agents, including the grievant, may view the data. The grievant has the right to contact the entity that created the confidential data and request it. Jim also signs a global “Compliance with Minnesota Data Practices Act” agreement as MAPE’s Executive Director.
3:00 – MSP - Change in policy.
The First Vice President will inform the grievant that non-confidential, documentary evidence, as determined by the Minnesota Government Data Practices Act, to be referenced at the hearing is available upon request and will be sent to the grievant via certified mail no earlier than 14 calendar days prior to the hearing. The BA of record will be available to the appellant and assisting steward, for a reasonable amount of time, to answer questions after the Arb Team decision and prior to the ERC Appeal Hearing.
3:30 - Adjourn
DRAFT ERC Minutes
July 7, 2010
Jill Hiatt, 1st Vice President and Committee Chair
Attendees:
Region 1 absent
Region 2 Julie Sullivan
Region 3 Jason Moran
Region 4 Bertha Doby
Region 5 Ted Sitz
Region 6 absent
Region 7 Daniel Royal
Region 8 Bob Richards
Region 9 Jessie Saavedra
Region 10 Mike Landers
Region 11 Ted Boal
Region 12 Carmen Franzmeier (for Andy Bindman)
Region 13 Russell Raczkowski
Region 14 Greg Williams
Region 15 Bryan Kotta
Region 16 Scott Rood
Region 17 Kim McConaughy
Region 18 Cindy Kragenbring
Region 19 Norleen Turensky
Region 20 Jay Smith (for Cathy Finken)
Region 21 Paul Wehrmeister
• Introductions, updates/news from Chief Stewards.
o Pretty quiet for most regions except for Region 8, mainly Transportation has about 5 outstanding grievances and Revenue has quite a few.
• Minutes from last meeting.
o MSP Approve minutes from 6-1-2010
9:00AM Time Certain Distribute appeal documents
Grievance # 9-08-005389, 9-08-005362, 10-08-005454
10:00AM Time Certain Appeal Hearing
MSP - Enter Executive Session
MSP - End Executive Session
MSP Uphold the decision of the Arb team regarding grievance #’s above.
Central Office updates - Jim Monroe.
• TEAM MAPE marketing
• Emmer comments at Eagle Street Restaurant about lowering waiter/waitress wages. Jim distributed copies from newspapers.
• MNSCU budget issues, especially at St. Cloud and Mankato, Moorhead and Bemidji. MnDOT layoff issues also.
• Agencies are starting to feel that layoffs are going to come and they will be very quick to come when it happens.
• Chief Stewards should check in with each steward to make sure stewards are doing what they are comfortable with. If they don’t want to carry grievances or handle investigations, they should consider changing their status from steward to communicator.
• Fast track for grievances, MMB is receptive to this and progress is being made in reaching resolutions.
• Local steward budget line item. Please try to get this built in to the local budgets as a line item.
• Chief Stewards participating in arbitration preparations and observing presentations on a rotating schedule. Jim and Jill are behind this and will implement. ERC would pay for this. A schedule will be set up and Jill will send out an email with more information.
• Red Team/Blue Team
• Dean Gunderson (Region 5) (Blue team, member recruitment) is spending hours per week lost time on a concentrated effort in targeted areas.
• Cathleen Cotter (Region 2) (Red Team, political, Elect your boss) is on full time lost time organizing this effort. Everyone should be expecting a contact from the Red Team to volunteer for something.
• Basic Steward Training – August 4th –The deadline to register is July 23rd.
• Advanced Steward Training – December 1-2, 2010.
New Business
• Steward Certification Policy and Affirmation Form changes.
• The Affirmation Form is removed from the policy. They are 2 different types of documents and should be separate.
• MSP Accept changes to the Steward Certification Policy and Affirmation form.
• Topic for round table discussion – local steward budget. Every Chief Steward should submit a budget request annually to the local for steward expenses. The average steward budget line item for each local per year appears to be around $1,000, for those that are budgeted. Many locals don’t have a line item in their budget for stewards. Jill suggests that every Chief Steward should make a formal request to their local officers for a steward line item in the budget and consider using that money to fund steward meetings, training, speakers, etc.
If the local denies the Chief Steward request for the money for whatever reason, the Chief Steward should either;
o approach the Finance Committee for assistance, or
o forward the denial to the Statewide 1st VP who will then approach the Finance Committee for assistance.
If the local does not have the money to fund the line item, an appeal to the Finance Committee for money is appropriate. If the local has the money but doesn’t grant the request, clarification from the Finance Committee to the local leadership may be needed.
• Future meetings after August. Based on when appeal requests are made, the availability of the Board room and other competing committee meetings, Jill will send out a selection of dates. The date that meets the needs of the most committee members will be chosen.
Next ERC Meeting – August 25 – 8:30 AM
Minutes Recorded by Bryan Kotta
The advanced two-day steward training course scheduled for Dec. 1 and 2 has been canceled.
