AFSCME Contract - MMB Home - Minnesota Management & Budget

ARTICLE 33 - EMPLOYEE ASSISTANCE PROGRAM
The Union and the Employer recognize that problems not directly associated with the employee's
job function can affect an employee's job performance. The Union and the Employer believe it is in
the interest of the employee, his/her family, and the Employer to provide a voluntary employee
assistance program which offers confidential, professional help to employees and their dependents
to resolve such problems. To that end, both parties hereby endorse and support the State of
Minnesota's Employee Assistance Program, as established and operated by Minnesota
Management & Budget. A referral to EAP shall not be referenced on a performance appraisal or
evaluation. The Employer and the Union agree to form a Joint Labor/Management Committee on
Employee Assistance. The Committee will be composed of an equal number of representatives for
the Union and the Employer. The Committee shall be chaired by the Director of the Employee
Assistance Program. The Committee shall review the state EAP program, EAP provider networks,
and EAP training programs for employees and supervisors. The Employer may, with the approval
of the Union, add to the Committee additional employees from other exclusive representatives.
ARTICLE 34 - ADA/WORKERS' COMPENSATION
Section 1. Purpose. The Union and the Employer agree that they have a joint obligation to
comply with the Americans with Disabilities Act (ADA). The Union and the Employer agree that
they have the obligation to consider accommodation requests from qualified ADA individuals and
employees returning from workers' compensation injuries. The Employer agrees to maintain the
policy of attempting to place employees who have incurred a work-related disability in areas of
work which would fit the employee's physical capabilities but not to create a job just to provide
employment.
The Appointing Authority shall provide these reasonable accommodations in a fair and equitable
manner. Should reasonable accommodation request(s) raise the question of waiving the collective
bargaining agreement, the Employer and the Union shall follow the procedures in Section 3.
Section 2. Information. Both parties recognize their responsibility for confidentiality. The Union
agrees to prepare an informational brochure which the Appointing Authority will provide to any
employee who requests a reasonable accommodation. Upon request of the Local Union, the
Appointing Authority shall provide a report of all accommodation requests, whether each request
was approved or denied, accommodations made, and the cost of each accommodation.
Section 3. Process. Upon request, an employee seeking an accommodation shall be entitled to
union representation. The union representative and the employee shall be allowed a reasonable
amount of time during working hours, without loss of pay, to discuss the request. The Appointing
Authority shall review employee requests for accommodations considering ADA guidelines on
equipment purchase or modification, accessibility improvement, and scheduling modifications
and/or restructuring of current positions and duties allowable under the collective bargaining
agreement, before considering or requesting waiver of the collective bargaining agreement.
If the Appointing Authority determines that contract waiver is necessary, it shall contact the local
union to convene a meet and confer to be held within a reasonable time during normal working
hours with union designee(s) on employer-paid time. At this meeting, the Appointing Authority
shall inform the local union of the employee's restriction(s) subject to each party's confidentiality
obligations, the specific article(s) to be waived and the manner in which the Appointing Authority
proposes to modify that article(s).
2013-2015 AFSCME Contract – Page 89