AFSCME Contract - MMB Home - Minnesota Management & Budget

6. Procedures for notifying employees affected by the re-structuring plans will be negotiated into
the collective bargaining agreements or supplemental agreements.
7. Any dispute concerning the interpretation, application or meaning, and relationship to the terms
of the respective master or supplemental agreements must be resolved by the
grievance/arbitration procedures of the appropriate agreements. The terms of the
Memorandum are non-precedential.
8. Every effort will be made to communicate openly and have common understanding between
the State and labor organizations affected by the re-structuring plan, including the
establishment of joint labor and management committees.
9. The term of this Agreement for each facility extends until the completion of the re-structuring at
that facility.
Section 2. Employee Mitigation to Layoff. For employees whose positions will be eliminated by
implementation of the department's re-structuring plan, a number of options will be offered. If an
employee's position is to be eliminated, the following will be simultaneously presented to the
employee:
1. job and training opportunities;
2. enhanced separation options;
3. normal separation including recall rights.
Employees hired after August 1, 2005 and whose positions are eliminated will be provided with
only those rights under the normal separation procedures including recall rights.
In order to reduce involuntary separations otherwise necessary, the most senior employee within a
class shall be offered the choice of one of the available options before less senior employees. At
the time an offer is made, the employee may select from the options available. Selection of the
enhanced separation or normal separation packages preclude exercising any other option. The
employee who selects from job and training opportunities [items 1.1 - 1.4] shall choose from all
available job and training opportunities. Once such a selection has been made, the employee is
precluded from exercising another option from items 1.1 - 1.4 at a later time, unless the employee's
position is subsequently eliminated as a result of re-structuring. An employee who selected the job
and training opportunities shall be guaranteed one job and training opportunity within twelve (12)
months of selecting the job and retraining option.
Section 3. Job and Re-training Opportunities.
1.1 A position in the same or transferable class or as a promotion or demotion. The position
must be within the same employment condition and must be at the same or a higher
insurance contribution level.
1.2 A position which the parties agree can best be filled by upgrading existing staff and for which
the employer agrees to pay the cost of necessary training or certification. Relocation
expenses will be paid by DHS per the Master Agreement.
1.3 Up to 160 hours training necessary to qualify for a comparable job (i.e., no reduction in pay)
and the subsequent offer of that job within DHS or another State agency. Relocation
expenses will be paid by DHS per the Master Agreement.
1.4 A position at any State agency pursuant to the activation of M.S. 246.60 by the
Commissioner of Minnesota Management & Budget and Administration. Relocation
expenses will be paid by DHS per the Master Agreement.
2013-2015 AFSCME Contract – Page 214