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1997-1999 MSUAASF Master Agreement
APPENDIX F
IN THE MATTER OF A PETITION FOR
CLARIFICATION OF AN APPROPRIATE
UNIT
June 5, 1992
Inter-Faculty Organization, St. Paul, Minnesota
- and -
Minnesota State University System, St. Paul, Minnesota
- and -
Minnesota State University Association of Administrative and
Service Faculty, Mankato, Minnesota
BMS Case No. 92-PCL-2142
PREPARED BY: Janet L. Johnson, Representation Specialist
INTRODUCTION
On May 26, 1992, the State of Minnesota, Bureau of Mediation Services (Bureau), received a Letter of Understanding, signed by Ms. Mary Hickerson, President, on behalf of the Inter-Faculty
Organization, St. Paul, Minnesota (IFO); Mr. Richard Wheeler, President, on behalf of the Minnesota State University Association of Administrative and Service Faculty, Mankato, Minnesota (MSUAASF); and Mr. Craig M. Ayers, Associate Vice-Chancellor, on behalf of the Minnesota State University System, St. Paul, Minnesota (Employer).
STIPULATION OF THE PARTIES
As evidenced by the signing of the Letter of Understanding, the parties agree to abide by the criteria outlined in the Letter of Understanding (attached hereto) in determining the proper bargaining unit assignment of employee classifications under Minn. Stat. 179A.10, subd. 4.
FINDINGS AND ORDER
1. The Stipulation of the Parties is appropriate.
2. The Bureau shall use the agreed to standards in processing unit clarification requests under Minn. Stat. 179A.10, subd. 4.
MINNESOTA STATE UNIVERSITY SYSTEM
Unit Determination Criteria -- Typical Position Duties
IFO/MSUAASF/EXCLUDED within MSUS
The parties hereto have entered into the following letter of understanding as a means of providing guidance in determining the proper bargaining unit for placement of certain positions.
These criteria provide a method to determining which unit is the primary unit when positions are a mixture of significant portions of work found in 2 or more units. They are not intended to modify the unit threshold requirements for inclusion in a bargaining unit found in Minnesota statutes, 179A.03, Subd. 14, "Public Employee".
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IFO |
MSUAASF |
| Their primary duties involve classroom teaching for credit generation, academic librarian tasks, academic counseling and academic advising (as defined below) | Their primary duties include administration and service functions to students, the university, and the community. |
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IFO |
MSUAASF |
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Personal counseling Psychological counseling Psychiatric counseling |
Counseling administration Counseling Center management |
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IFO |
MSUAASF |
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Academic discipline related advising. Academic discipline progress advising. Academic discipline degree completion advising. Requirements for majors, minors, and graduation in an academic discipline advising. |
Non academic discipline related advising. Transfer advising Interpretation and Application of established policy and procedure in advising. |
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IFO |
MSUAASF |
| Positions in which State of Minnesota Department of Education teacher licensure or certification is required. | In service and skills teaching that is offered for no academic credit. |
| Positions which involve direct classroom teaching of 14 quarterhour credits per academic year. | May supervise a student in the completion of an internship or the practicum. |
| Teaching that generates credit hours. | |
| Evaluation of satisfactory completion of an internship or practicum that is for credit. |
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IFO |
MSUAASF |
| Duties that contain functions which are an integral part of the academic department or program. | Budget control. |
| May supervise staff other than IFO not to exceed 49% of the position duties. | Personnel management and supervision of staff other than excluded management and confidential staff. |
| May include budget coordination of an academic department or program not to exceed 49% of the position duties. | Plan, direct, and management of support department or programs. |
| Manage university compliance with applicable laws and regulations. |
Subject of the 51% rule, positions shall only be excluded administrative or excluded professional if:
Excluded Administrator:
1. The position meets the managerial test in Minnesota Statutes 43A.02, Subd. 28: "...those positions designated pursuant to section 43A.18, subdivision 3 as being accountable for determining, securing and allocating human, financial, and other resources needed to accomplish objectives. Positions in this category also are accountable for determining overall objectives, priorities, and policies within a program area. Higher level positions in this category handle significant and involved relationships with governmental leadership. Incumbents of these positions have the authority to exercise discretionary powers on a regular basis," and
2. The position creates or formulates, influences or manages policy or directs the enterprise, and
3. The position is responsible for making key operating decisions high up in the enterprise on an on-going basis, or specifically delegates them to others responsible to the position, and
4. The position does not devote significant amounts of time to approving leave, administering work schedules, or directing work procedures and regimens, or
5. The position is responsible for deciding or making administrative recommendations for tenure, promotion, non-renewal or permanency status of faculty and/or administrative and service faculty, or
6. The position manages academic and administrative and service faculty labor and employee relations.
Excluded Professional:
1. The position reports directly to the President or Chancellor, or to a Vice President, Associate or Assistant Vice President, Deputy or Vice Chancellor or Associate Vice Chancellor, Dean or Provost, and provides confidential advice to the Board, the Chancellor, the President or Provost, and serves on the system or, campus management team performing duties which involves significant discretion and substantial involvement in the development, interpretation and implementation of academic policy, and requires loyalty and compatibility with the Chancellor, President or Provost.
These Unit Determination Criteria shall not result in the removal of any current employee from his/her current Unit assignment, but shall be used to determine unit placement upon replacement of any position after adoption of these criteria by the Minnesota Bureau of Mediation Services.
Employees of the unit represented by IFO or by MSUAASF, administrator and excluded professional unit, or the excluded, may be assigned duties that would normally be assigned to employees in another unit. If the non-primary unit assigned duties exceed 49% of the position duties, then the position shall be reviewed by the two units involved and the Chancellor's Office representative to determine whether duties should be removed or percentages assigned reduced, or whether it should be placed in another unit.
As position duties get close to the 49% limit, a position will be re-evaluated to make sure that the position is assigned to the appropriate bargaining unit.
Every position must specifically state at least 51% of the duties that would place the position within a single bargaining unit.
None of the parties to this Agreement have in any way waived the right to request unit clarification or other action from the Minnesota Bureau of Mediation Services on any single position or positions to which the agreed-upon criteria is applied. Each party expressly reserves the right to challenge factual determinations relative to these criteria.