MnSCU Human Resources

2003-2005 Employee Access to Union Representation

Union	Article #	Section	Subd.	Page #	Language
AFSCME	16	2	N/A	44	Discipline and Discharge & Union Representative - "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."
	16	5	N/A	45	Discharge - "The employee may request an opportunity to hear an explanation of the evidence against him/her, to present his/her side of othe story and is entitled to union representation at such meeting, upon request."
	18	8	N/A	52	Wages and Performance Evaluations - “At the employee’s request a Union Representative may be present during the appeal meeting(s).”
	34	8	N/A	85	ADA/Workers’ Compensation and Process - “Upon request, an employee seeking an accommodation shall be entitled to unionrepresentation.”
	Appendix Q - Drug Testing	5	N/A	170	Appendix Q - Drug Testing & Right to Union Representation - “An employee is entitled to Union representation pursuant to Article 16, Section 2, prior to any reasonable suspicion test. When the physical presence of a union representative is not practicable, the employee shall be allowed to confer with a union representative by telephone.”

MAPE	6	3	N/A	4	Employee Rights and Performance Appraisal - “At the employee’s request, an Association Representative may be present during the appeal Meeting(s).”
	8	2	N/A	7	Discipline and Discharge and Association Representation - “The Appointing Authority shall not meet with an employee for the purpose of questioning the employee during an investigation that may lead to discipline of that employee without first advising the employee of the nature of the investigation and offering the employee an opportunity for Association representation.”
	8	5	N/A	8	Discipline and Discharge and Discharge of Employees - “The Appointing Authority shall notify the employee that he/she may request an opportunity to hear an explanation of the evidence against him/her and to present his/her side of the story and is entitled to Association representation at such meeting.”
	16	8	N/A	29	Filling of Positions and Non-Certification - “Upon request, the employee shall have the right to Association representation during the meeting.”
	31	3	N/A	68	Americans with Disabilities Act and Process - “An employee seeking an accommodation shall be provided Association representation at the employee’s request.”
	Appendix H Supplemental Agreement MnSCU	C.	II.	123	Customized Training Representatives and Discipline and Discharge of Employment - (modifies Articles 8 and 9 of the Master Agreement) “The appeal meeting may include the employee and his or her Association representative(s).”
	Appendix H Prohibition of Sexual Harrassment	2	N/A	137	Prohibition of Sexual Harassment - “If the complaining employee has not waived the Association’s involvement in the complaint, the Association’s representative a well as the complainant shall be provided a written summary of the finding and resolution.”
	Appendix J Employee Drug and Alcohol Testing in the Workplace Policy	6.A.	N/A	140	Procedure for Testing and Notification Form - “Upon request and whenever practicable, the employee is entitled to an Association representative at the point the Appointing Authority requests or requires the employee to be tested.”

MMA	6	4	N/A	3	Discipline and Discharge and Investigatory Interview - “The Appointing Authority shall not meet with a supervisor for the purpose of questioning a supervisor during an investigation that may lead to discipline of the supervisory without first offering the supervisor an opportunity for MMA representation…however, if any supervisor, who is not the subject of the investigation, is being questioned during an investigation of resident/patient abuse, the supervisor, upon request, shall have the right to Association representation.”
	6	5	N/A	4	Discipline and Discharge and Discharge of Permanent Supervisors - “The supervisor may request an opportunity to hear an explanation of the evidence against him/her, and to present his/her side of the story and is entitled to Association representation at such meeting, upon request.”
	15	1	N/A	29	Probationary Period - “Probationary supervisors serving a probationary period may upon request meet with the Appointing Authority, with or without the Association representative, to discuss the non-certification decision. Supervisors who have permanent status in another classification who fail to be certified in a subsequent probationary period may upon request have a meeting with the Appointing Authority, with or without the Association representative, to discuss the non-certification decision.”

MNA	15	2	A	28	Termination of Employment, Disciplinary Actions and Procedure - “The Appointing Authority shall not meet with a nurse for the purpose of questioning the nurse during an investigation that may lead to discipline of that nurse without first offering the nurse an opportunity for Association representation…However, if any nurse is being questioned during an investigation of resident/patient abuse, the nurse, upon request, shall have the right to Association representation.”
	15	2	B	28	Termination of Employment, Disciplinary Actions & Discharge - “The nurse may request an opportunity to hear an explanation of the evidence against him/her, and to present his/her side of the story and is entitled to Association representation at such meeting, upon request.”
	28	6	A	60	Nurse Drug Testing & Procedure for Testing and Notification Form - “Upon request and whenever practicable, the nurse is entitled to an Association Representative at the point the Appointing Authority requests or requires the nurse to be tested.”
	30	3	N/A	65	ADA/Workers’ Compensation & Process - Upon request, a nurse seeking an accommodation shall be entitled to Association representation.

MGEC	14	3	N/A	25	Discipline and Discharge and Council Representation - “The Agency shall not meet with an employee for the purpose of questioning the employee during an investigation that may lead to disciplinary action without first offering the employee an opportunity for Council representation.”
	14	5	N/A	25	Discipline and Discharge & Discharge of Permanent Employees - “The employee may request an opportunity to hear an explanation of the evidence against him/her and to present his/her evidence and is entitled to Council representation at such meeting, upon request.”

IFO	2	C.	3	15-16	Processing Allegations of Discrimination and Final Jurisdiction - “The IFO recognizes the employer’s obligation to take timely and appropriate action with regard to allegations and findings of discrimination. This includes the employer’s obligation to establish procedures for investigation of discrimination complaints. The IFO shall have the right to meet and confer on the procedures established by the employer. The employer recognizes the IFO’s obligation to fully represent bargaining unit employees when asked by employees to do so. The parties recognize that final jurisdiction for resolving claims of discrimination is vested in various state and federal agencies and the courts.”
	24	A.	1	97	Faculty Rights in Discipline and Investigative Action and Oral Reprimand - “A faculty member shall be entitled to have a representative present, and shall be apprised of this right prior to the time of the reprimand.”
	25	B.	6	99	Tenure, Promotions, and Non-Renewal - “The faculty member may choose to be accompanied by an Association Representative.”
	25	D.	1	101	Non-Renewal of Probationary Faculty - “The faculty member may be accompanied by an IFO Representative.”

MSUAASF	23	B.	1	81	Dismissal, Suspension and Disciplinary Demotion and Procedures - “The ASF Member may at his/her own request have an Association Representative present at such a meeting.”

MSCF	2	N/A	N/A	20	Definitions & Representation - “…a faculty member or group of faculty members will be represented by MSCF in the grievance procedure including arbitration.”
	25	N/A	N/A	128	Disciplinary Procedures - “A faculty member who is to be disciplined has the right to request and have the MSCF President or Designee on the campus present when the disciplinary action is taken, except in cases in which a written reprimand is to be sent to a faculty member.”
	29	2	N/A	135	Americans with Disabilities Act and Process - “Upon request, a faculty member seeking an accommodation shall be entitled to MSCF representation.”