AFSCME Contract - MMB Home - Minnesota Management & Budget

Section 7. Subcontracting. In the event the Appointing Authority finds it necessary to
subcontract out work now being performed by employees that may result in a displacement of
employees, the Local Union shall be notified no less than ninety (90) calendar days in advance.
During this ninety (90) day period, the Appointing Authority shall meet with the Local Union and
discuss ways and means of minimizing any impact the subcontracting may have on the
employees.
Section 8. Voluntary Reduction in Hours. Appointing Authorities may allow employee(s) to take
unpaid leaves of absence to reduce layoffs otherwise necessary. If it is necessary to limit the
number of employees in a work unit on unpaid leave at the same time, the Appointing Authority
shall determine whether conflicts shall be resolved among classes or within a particular class
based upon staffing needs. In either event, leave shall be granted on the basis of State Seniority
within the employee's work unit.
Such employees taking leaves of absence under this Section shall continue to accrue vacation and
sick leave and be eligible for paid holidays and insurance benefits as if the employees had been
actually employed during the time of leave. If a leave of absence is for one (1) full pay period or
longer, any holiday pay shall be included in the first payroll period warrant after return from the
leave of absence. Upon return from leave, the employee shall return to his/her former position.
Section 9. Exclusion. The provisions of this Article shall not apply to unclassified employees.
ARTICLE 16 - DISCIPLINE AND DISCHARGE
Section 1. Purpose. Disciplinary action may be imposed upon an employee only for just cause.
Section 2. Union Representation. The Appointing Authority shall not meet with an employee for
the purpose of questioning, in person or by a phone interview, the employee during an
investigation that may lead to discipline without first offering the employee an opportunity for union
representation, and such meeting shall not take place until a Union representative is available or is
released by his/her supervisor. Any employee waiving the right to such representation must do so
in writing prior to the questioning, however, in the case of a phone interview, an employee may
initially waive the right to representation orally. A copy of such waiver shall be promptly furnished
to the Local Union President or Steward. The employee shall be advised of the nature of the
allegation(s) prior to questioning. However, if any employee is being questioned during an
investigation of resident/patient abuse, the employee, upon request, shall have the right to union
representation. If an employee is being questioned for any other purpose, the employee shall be
given a general overview of the nature of the investigation. Upon request, an employee shall be
provided a copy of the transcript of his/her interview, if available, and/or be allowed to listen to a
tape of his/her interview, if any.
Section 3. Disciplinary Procedure. Disciplinary action or measures shall include only the
following:
1. oral reprimand (not arbitrable);
2. written reprimand;
3. suspension;
4. demotion; and
5. discharge.
2013-2015 AFSCME Contract – Page 44