Negotiations

AFSCME Council 5, Locals 34, 552, 1719, 2822, 2864, and 2938 Joint Opening Union Proposal

June 22, 2021, 9 a.m., Presentation via Microsoft Teams

Union Proposal 1

Article 22- INSURANCE

NEW Section. The Employer shall contribute to the dependent care expense account for all eligible employees, on an annual basis, in the amount of $5,250.00.

 

Union Proposal 2

 

Article 28- EDUCATIONAL ASSISTANCE

NEW Section 4. Reimbursement for student loan repayment shall be provided to employees who provide documentation of required student loan payments, in an amount annually not to exceed $5,250.00, per IRS regulations.

Union Proposal 3

Article NEW, Section. NEW. Hennepin County shall provide onsite childcare to employees.

 

Union Proposal 4

Article 13- LEAVES OF ABSENCE

NEW Section Paid Parental Leave

The purpose of the paid parental leave policy is to give parents additional flexibility and time to bond with their new child, adjust to their new family situation and balance their professional obligations. To accomplish this goal, Hennepin County will provide up to twelve weeks (480 hours) of 100% paid parental leave to an eligible parent following the birth or adoption of a child.

Eligibility

The paid parental leave policy is effective for birth or adoption occurring on or after May 1, 2015. Paid parental leave is available to employees who accrue sick leave or paid time off (PTO). For the purpose of this Policy, an eligible parent is defined as a biological mother or father, same sex spouse, domestic partner or an adoptive mother or father. Benefit Eligible employees will receive 480 hours of paid parental leave per birth or adoption. Paid parental leave benefits for part-time employees will be pro-rated based on their standard hours in APEX at the time the benefit is granted to the employee. The amount of paid parental leave granted is calculated by multiplying the employees weekly standard hours by 3. [Example: A full-time employee with 40 standard hours per week will receive a total of 480 hours of paid parental leave (40 x 12 = 480); a part-time employee with 20 standard hours per week will receive a total of 60 hours of paid parental leave (20 x 12= 240)].

 The paid parental leave benefit is deposited into a separate paid leave balance once the event occurs, the employee has submitted an application to the Leave and Accommodation Management (LAM) Office and the application has been approved. Hennepin County Administrative Manual Paid Parental Leave Policy Effective Date: 10/2/2017 Awarded paid parental leave must be used within six (6) months of the employee’s approved leave of absence following the qualifying event. Any unused paid parental leave at the end of six (6) months will be forfeited. Request Process In addition to the paid parental leave request form, the employee must submit appropriate documentation to the LAM Office before the award of paid parental leave hours can be made.

 • Birth: documentation verifying the baby’s date of birth; this document must include the employee’s name. The documentation does not need to be a certified birth certificate.

• Adoption: proof that a petition for adoption has been filed with the court. Failure to submit a timely request and/or required documentation will result in the delay or denial of awarded paid parental leave hours. Coordination with other Leave and Income Replacement Options Paid parental leave is deposited into a separate paid leave balance when the LAM Office approves the application and receives the required documentation for the birth or adoption. Paid parental leave can be used in conjunction with other existing leave programs.

• Family and Medical Leave Act (FMLA): to be eligible for FMLA, employees must be employed by the county for at least 12 months and have worked 1,250 hours during the 12 months prior to the leave. Paid parental leave runs concurrently with approved FMLA.

• Medical Leave of Absence (MLOA): employees are eligible for up to 6 months of MLOA.

• Vacation-PTO Donation Program: benefits from the vacation-PTO donation program are payable only when all accrued paid leave time is exhausted (sick, vacation, PTO, holiday, banked SLWOP, comp time, paid parental leave). If your disability is related to childbirth, you will normally be eligible to receive donations only through the six week period following delivery (unless your physician has documented disability beyond this period).

 • Short Term Disability (STD): the STD policy requires eligible employees to exhaust all accrued paid leave time up to 80 hours.

 o NOTE: Because STD requires that you exhaust all but 80 hours of accrued paid leave, you may want to consider applying for the paid parental leave benefit after short term disability has been exhausted.

Union Proposal 5

Article 12A- SICK LEAVE

Section 5

An employee may utilize their allowance of sick leave if approved by the EMPLOYER for absences necessitated by inability to perform the duties of his/her position by reason of illness or injury, mental health status, by necessity for medical care or dental care, or by exposure to contagious disease under circumstances in which the health of employees with whom he/she is associated or members of the public with whom he/she deals would be endangered by their attendance on duty, or by illness in their immediate family for such periods as their absence is necessary subject to certification by medical authority.

 

The term "immediate family" is limited to child, stepchild, adopted child, foster child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, stepparent, grandparent and an adult person regularly residing in the employee's immediate household.

 

Sick leave usage is may be subject to approval and verification by the EMPLOYER who may, after three (3) consecutive days' a long absence, require the employee to furnish a report from a recognized physical or mental authority attesting to the necessity of the leave, and other information the EMPLOYER deems necessary, as provided in the Article herein titled "Fitness for Duty." Employees whose use of sick leave is habitual, patterned or inappropriate may be required to submit such reports for shorter for absences of less than three (3) days duration.

 

No employee shall be subject to discipline for use of sick leave, provided the employee can provide proof of the necessity of such leave.

NEW Section 5 .For employees using sick leave to care for minor children, documentation from a school or daycare provider shall function as the equivalent to documentation from a medical provider.

 

Union Proposal 6

Article 9- WORK SCHEDULES/PREMIUM PAY

NEW Section. Employees who are required to physically report to work during a pandemic as declared by the World Health Organization (WHO), or in a declared state of emergency by the State of Minnesota or Hennepin County shall receive $500.00 per month for the duration of the pandemic event.

Such payment shall be applied retroactively to March 17, 2020 to those employees who performed work on site or in the field during the Covid-19 pandemic.

Union Proposal 7

Article 9-WORK SCHEDULES/PREMIUM PAY     

NEW Section. Home Office Expenses/Stipend

The Employer shall provide a $200/month stipend to all employees working remotely, in a hybrid remote/in-office setting or when County work sites are closed to employee use. This amount will increase in line with inflation.

 

Such payment shall be applied retroactively to March 17, 2020 to those employees who performed work on site or in the field during the Covid-19 pandemic.

 

Union Proposal 8

 

Article 9- WORK SCHEDULES/PREMIUM PAY

NEW Section. For those EMPLOYEEs who, in 2020 and 2021 worked from home, the EMPLOYER will provide a stipend of $1,500.00.

EMPLOYEEs who are required to work from home are eligible for an initial reimbursement for equipment purchased to establish a home office. Reimbursement for these expenses will not exceed  $1,500.00. This reimbursement is available within twelve months of the establishment of the EMPLOYEE’s requirement to work from home. The County neither owns this equipment nor is responsible for its ongoing maintenance.

Employees who are required to work from home are eligible to receive $750.00 equipment replacement allowance every four (4) years from their original startup date.

Union Proposal 9

Article 13- LEAVES of ABSENCE

NEW. The EMPLOYER shall provide paid leave for childcare or care for a dependent adult in the amount not to exceed one-hundred and sixty (160) hours at the EMPLOYEE’s BASE RATE of PAY when circumstances require an employee to be off work due to the need to care for a child or dependent adult.

 

Union Proposal 10

Article 13- LEAVES OF ABSENCE

NEW Section. Vaccination Leave

A paid LEAVE of ABSENCE of sixteen (16) hours for purposes of Covid-19 vaccination and recovery time shall be granted to employees to receive vaccinations and to allow for recovery time.

An immediate credit of sixteen (16) hours of sick or PTO hours (in line with each EMPLOYEE’s paid leave program), will be awarded to all employees for 2021.

Union Proposal 11

Article 11A-VACATIONS and 11B- PAID TIME OFF (PTO)

NEW Section X. The EMPLOYER will credit Vacation/Sick/PTO balances to employees who were made to use those accruals to remain in paid status while County buildings/operations were closed due to the declared Covid-19 emergency in spring and summer 2020. Such credit of accruals will equal those the employee was made to use.

Union Proposal 12

Article 9- WORK SCHEDULES/PREMIUM PAY

Section 16. In the event the EMPLOYER exercises its discretion to close a department, work site or workplace due to EMERGENCY, including inclement weather, employees who were scheduled to work but could not due to such EMPLOYER decision may use accrued leave (vacation/PTO, sick leave,compensatory time, deferred holiday) to cover the hours missed shall be paid by the EMPLOYER for all scheduled hours. This payment shall be the EMPLOYEE’s BASE RATE OF PAY. Further, with the approval of the EMPLOYER, an employee may be allowed to make up the time by working additional hours. Such approved additional hours may be assigned in a work location which is different from the employee’s regular work location, if practicable.

Union Proposal 13

Article 16- BEREAVEMENT, GRIEF, LOSS, and END OF LIFE CARE LEAVE

When necessary, leave with pay will be granted in cases of death of the following: spouse, parent, parent-in-law, step-parent, children, step-children, grandchildren, brothers and sisters, son-in-law, daughter-in-law, brother and sister-in-law, aunts, uncles, nieces, nephews, grandparents, grandparents-in-law, friend, colleague, an instance of pregnancy loss, or for the death of a person regarded as a member of the employee’s immediate family. This leave may also be used for an employee to spend time with a family member who is in hospice/end of life care, and in instances of community loss and grief.  Such leave shall be subject to approval by the EMPLOYER, take cultural circumstances into account, and is not to exceed forty-eight (48) one hundred and sixty (160) hours in any payroll year. (See also Attachment C).

 

Union Proposal 14

Article 11A- VACATIONS

Section 3. Vacation shall not accumulate in excess of two hundred eighty (280) four hundred and twenty (420) hours. The EMPLOYER shall not be responsible for managing an employee’s vacation balance so as to ensure no loss of the benefit because the balance is at or near the two-hundred-eighty(280)  four hundred and twenty (420) hour limit. Correspondingly, the EMPLOYER will not force employees to take vacation for such purpose.

Article 11B- PAID TIME OFF (PTO)

Section 3. Unused paid time off (PTO) hours, which have accrued to the credit of the employee, may be accumulated to a maximum of sixty (60) days (480 hours).  ninety (90) days (720 hours).

 

Union Proposal 15

Article 11A- VACATIONS

Section 2. FULL-TIME employees who have chosen not to participate in paid time (PTO) shall accrue vacation in accordance with the following schedule:

Total Length of Service Since Most Recent Date of Hire Annual Vacation Accrual Rate

Less than six (6) months

64 hours (8 days) 96 hours (12 days)

More than six(6) months but less than five(5) years

96 hours (12 days) 144 hours (18 days)

More than five (5) years but less than eight (8) years

120 hours (15 days) 184 hours(23 days)

More than eight(8) years but less than twelve(12) years

144 hours (18 days) 216 hours(27 days)

More than twelve (12) years but less than eighteen (18) years

160 hours (20 days)240 hours(30 days)

Over eighteen (18) years

184 hours (23 days)280 hours (35 days)

 

Article 11B- PAID TIME OFF(PTO)

Section 1. Employees Hired On or After December 21, 2009:

Employees hired on or after December 21, 2009 may choose either paid time off (PTO) or Vacation/Sick Leave described in Articles 11A and 12A of this AGREEMENT. This choice shall initially be made during the first two payroll periods of employment. Failure to make a definitive choice between paid time off (PTO) and Vacation/Sick will result in the new employee receiving Vacation/Sick. The paid time off (PTO) program available to such employees shall be that described in Schedule 21, below:

 

Employees hired on or after December 21, 2009 who initially elect Vacation/Sick may, at any time choose to move from the traditional Vacation/Sick to paid time off (PTO) as described in Schedule 1 below. This one-time choice to PTO shall be irrevocable. Note rate per pay period-also in APEX

 

Paid Time Off(PTO) Schedule 1

Total Number of Eligible Years Since Most Recent Date of Hire

Annual Paid Time Off (PTO) Accrual Rate

More than zero (0) months but less than five(5) years

20 days  30 days

 

More than five (5) years but less than eight (8) years

23 days 35 days

 

More than eight (8) years but less than twelve(12) years

26 days 39 days

 

More than twelve(12) years but less than eighteen(18) years

28 days 42 days

 

Over eighteen (18) years

31 days 47 days

 

 

Section 2. Employees Hired Prior to December 21, 2009

Employees hired prior to December 21, 2009 may choose to move from Vacation/Sick leave as described in Articles 11A and 12A of this AGREEMENT, to paid time off (PTO). This one-time choice shall be irrevocable. The paid time off (PTO) available to such employees shall be that described in Schedule 2, below:

 

Paid Time Off (PTO) Schedule 2

Total Number of Eligible Years Since Most Recent Date of Hire

Annual PTO Accrual Rate

More than zero (0) months but less than five (5) years

22 days 33 days

More than five(5) years but less than eight(8) years

25 days 38 days

More than eight(8) years but less than twelve(12) years

28 days 42 days

More than twelve(12) years but less than eighteen (18) years

30 days 45 days

Over eighteen (18) years

33 days 50 days

 

 

Article 12A-SICK LEAVE (EMPLOYEES NOT PARTICIPATING IN PTO)

Section 1. Sick leave shall be earned by eligible employees who are not participating in paid time off (PTO) and shall be at the rate of .046154 .092308 hours for each hour of service except that newly hired, or REHIRED employees who have completed less than six (6) months of service, shall earn sick leave benefits at the rate of .030769 .061538 hours for each hour of service.

 

Union Proposal 16

Articles 11A- VACATIONS, 11B- PAID TIME OFF (PTO)

 Employees shall accrue vacation for all hours worked. Annual Vacation Accrual Rates (AVAR) shall be adjusted according to the following formula each pay period: (AVAR/26)*(hours worked/80). Note: the same formula shall be adopted for PTO.

Union Proposal 17

Article 11A-VACATIONS

NEW Section. Employees who initially elect PTO may, at any time, choose to move from PTO to Vacation/Sick in accordance with the schedule prescribed in Section 2 of this article. This one-time choice to Vacation/Sick shall be irrevocable.

 

Union Proposal 18

Section 1. Holiday Benefit

Designated holidays shall be eight (8) hours each for FULL TIME employees, regardless of shift length and are as follows:

New Years Day

January 1

Martin Luther King Day

Third Monday in January

Presidents Day

Third Monday in February

Memorial Day

Last Monday in May

Juneteenth

June 19

Independence Day

July 4

Labor Day

Indigenous Peoples’ Day

First Monday in September

Second Monday in October

Veterans Day

November 11

Thanksgiving Day

Fourth Thursday in November

Thanksgiving Friday

The day immediately following Thanksgiving Day

Christmas Eve Day

The work day immediately preceding the Christmas holiday

Christmas Day

December 25

 

Union Proposal 19

Article 10-HOLIDAYS

Eligibility for Holidays. Active benefit-eligible FULL TIME employees are awarded eight (8) hours of the designated holiday benefit in the pay period prior to the designated holiday, regardless in the amount of their normal shift length. Active benefits-eligible part-time employees are awarded prorated holiday hours for designated holidays. Employees must remain on active status through the designated holiday.

Section 1. Holiday Benefit

Eligible employees as described above shall be entitled to compensated time off for designated holidays. Such compensation is referred to as the “holiday benefit” and is separate from compensation an employee receives if they also work on a designated holiday. See Section 2 below.

Designated holidays shall be eight (8) hours in the amount equal to that employee’s normal shift each for FULL TIME employees, regardless of shift length and are as follows:

New Years Day

January 1

Martin Luther King Day

Third Monday in January

Presidents Day

Third Monday in February

Memorial Day

Last Monday in May

Juneteenth

June 19

Independence Day

July 4

Labor Day

Indigenous Peoples’ Day

First Monday in September

Second Monday in October

Veterans Day

November 11

Thanksgiving Day

Fourth Thursday in November

Thanksgiving Friday

The day immediately following Thanksgiving Day

Christmas Eve Day

The work day immediately preceding the Christmas holiday

Christmas Day

December 25

 

Section 2 Employees who are assigned to work a holiday with the exception of Christmas Eve Day shall receive compensation of one and one-half (1 1/2) times their REGULAR RATE OF PAY for all hours worked on the holiday. Eligible employees who work on a holiday receive their pay for working on the holiday and may save their holiday benefit hours (8 hours for FULL-TIME employees) for use at another time and/or may cash out the holiday benefit hours.

 

Eligible employees who are assigned to work the Christmas Eve holiday shall receive compensation of one (1) times their REGULAR RATE OF PAY for all hours worked on that holiday. Compensation for holiday hours assigned/worked shall be provided either in compensated time off or cash payment as approved by the EMPLOYER. Eligible employees who work on Christmas Eve receive their pay for working and may save their holiday benefit hours (8 hours for FULL-TIME employees) for use at another time and/or may cash out the holiday benefit hours.

 

Union Proposal 20

Article 10- HOLIDAYS

NEW Section 5: Employees may elect to work while a building is closed for a holiday and bank the holiday hours. Employees who make this election will receive their BASE RATE of PAY for hours worked. If an employee is required by a supervisor to work a holiday they will receive compensatory time as outlined in this article.

Union Proposal 21

Article 10- HOLIDAYS

NEW Section X. EMPLOYEEs shall, at their choosing, be permitted to carryover all holiday hours.

Union Proposal 22

Article 13- LEAVES OF ABSENCE

NEW Section. Traumatic Incident Leave

The EMPLOYER shall approve and administer leave with pay in cases where and EMPLOYEE has been subjected to and/or witness to a traumatic incident in the course of their work. Traumatic events include the death or serious injury of a coworker or patron/client in the presence of the EMPLOYEE, physical violence directed against the EMPLOYEE or other party in the workplace, discovery of a seriously injured or deceased person, involvement in any physical altercation, or other traumatic experience. Leave shall be limited to the period directly following the incident for a maximum of three regular shifts per occurrence, not to exceed twelve (12) shifts in any calendar year, and shall be paid at the employee’s BASE RATE of PAY.  

Union Proposal 23

Article 11A- VACATIONS

Section 9. Vacation Cash Out. Pursuant to Internal Revenue Service Rules and Regulations, employees may annually, with the approval of the County Administrator, cash-out, up to forty (40) hours of vacation. In order to convert such vacation to cash, the employee must, during Open Enrollment of the payroll year PRIOR to cash out, submit to the EMPLOYER on-line the specific number of vacation hours requested for cash out. The EMPLOYER shall convert such vacation to cash at a designated time during the payroll year following receipt of the irrevocable election. At the employee’s option, he/she may deposit all or part of this cash into a deferred compensation account.

Article 11B- PAID TIME OFF (PTO)

Section 13. PTO Cash Out. Pursuant to Internal Revenue Service Rules and Regulations, employees may annually, with the approval of the County Administrator, cash-out, up to forty (40) hours of Paid Time Off (PTO). In order to convert such PTO to cash, the employee must, during Open Enrollment of the payroll year PRIOR to cash out, submit to the EMPLOYER on-line the specific number of PTO hours requested for cash out. The EMPLOYER shall convert such PTO to cash at a designated time during the payroll year following receipt of the irrevocable election. At the employee’s option, he/she may deposit all or part of this cash into a deferred compensation account.

Union Proposal 24

Article 9-WORK SCHEDULES/PREMIUM PAY

 Section 4. For employees with fewer than two (2) years of service, Overtime compensation shall be provided in the form of either cash payment or compensatory time as selected by the employee. This selection can be made on a per pay period basis. If the employee does not make a selection, such compensation will be paid in cash. Such Employees with fewer than two (2) years of service can carry no more than 48 hours of compensatory time. For employees with two (2) or more years of service, overtime compensation shall be provided in the form of either cash payment or compensatory time as determined by the EMPLOYER, provided employees shall have the right to indicate their preference to the EMPLOYER on a per pay period basis.

Union Proposal 25

Article 13-LEAVES OF ABSENCE

New Section- DONATION OF PAID LEAVE TIME Hennepin County policy shall allow qualified employees to request voluntary donations of vacation or PTO or Sick or other paid leave hours from fellow employees through the Vacation/PTO/Sick, and paid leave donation program.

 

Union Proposal 26

Article 36- SPECIAL LEAVE WITHOUT PAY

Section 1. Employees may participate in a Special Leave Without Pay Program as established by the Hennepin County Board of Commissioners. The Special Leave Without Pay Program is from date of County Board Approval through December 31, 2021. Employees may participate in the SLWOP Program without limit.

Section 2. Upon the request of either party, the EMPLOYER and the UNION shall meet and confer on the extension of this Special Leave Without Pay Program each year through 2021.

NEW. Section 4 .Employees shall be entitled to use SLWOP in lieu of vacation, compensatory, sick, or PTO hours provided the Employer was not required to pay Overtime to cover the absence

 

Union Proposal 27

Article 20-ELECTION DAYS

An employee who is entitled to vote in any election, as defined in M.S. 204C.04, subd 2, may absent himself/herself from his/her work for the purpose of voting during such election day for a period not to exceed two (2) hours without deduction from salary on account of such absence, provided the employee has made prior arrangements for the absence with the EMPLOYER. Any employee making claim for time off for voting and not casting a ballot or utilizing the time off for unauthorized purposes shall be subject to disciplinary action. https://www.revisor.mn.gov/statutes/?id=204C.04

 

Union Proposal 28

Article 19- COURT DUTY

Section 1. After due notice to the EMPLOYER, employees subpoenaed to serve as a witness in cases arising from or during the performance of their official duties, or called and selected for jury duty, shall be allowed their regular compensation at their current BASE PAY RATE for the period the court duty requires their absence from work duty, plus any expenses paid by the court. Such employees, so compensated, shall not be eligible to retain jury duty pay or witness fees and shall turn any such pay or fees received over to the EMPLOYER. If an employee is excused from jury duty prior to the end of his/her work shift, he/she shall return to work as directed by the EMPLOYER or make arrangement for a LEAVE OF ABSENCE. Employees scheduled to work a shift other than the daytime shift shall be rescheduled to work the daytime shift during such time as they are required to appear in court as a juror or witness.

Union Proposal 29

Article 21- TIME OFF FOR SELECTION

Section 2. Subject to the conditions set forth in Section 1 herein, and not more often than twice each calendar year, employees shall be compensated for a selection process administered during the employee’s regularly scheduled working hours.

 

 

 

Union Proposal 30

Article 11A- VACATIONS, Article 11B- PAID TIME OFF(PTO), Article 12A-SICK LEAVE(EMPLOYEES NOT PARTICIPATING IN PTO), and Article 12B- SICK LEAVE(EMPLOYEES WHO CONVERTED TO PTO)

NEW Section .Coverage of work time and duties to allow for an employee’s absence is the responsibility of the Employer.

Union Proposal 31

Article 22- INSURANCE

Section 2. Bus Cards with 50% 100% subsidy-(optional does not require employee to be benefit earning)

 

Union Proposal 32

Article 22- INSURANCE

NEW Section: The EMPLOYER will reimburse to the EMPLOYEE the cost of parking at their assigned worksite, at an amount not to exceed $250.00 per month.

 

Union Proposal 33

Article 9- WORK SCHEDULES/PREMIUM PAY

Section 10. Call Back Pay. Employees called to the work site or to a virtual convening of the work site by the EMPLOYER shall be paid for hours actually worked at their BASE PAY RATE but not less than three (3) hours. Such payment shall be in cash.

Union Proposal 34

Article 9- WORK SCHEDULES/PREMIUM PAY

Section 15. Work out of Class

Consistent with the HR Rules, When an employee is expressly assigned to perform the duties of a

position allocated to a different classification that is temporarily unoccupied, and such assignment is for forty (40) or more continuous REGULAR HOURS, the employee shall be paid for all such hours at the employee's current salary rate when assigned to work in a lower or equal class or at a rate within a higher range which is equal to the minimum rate for the higher class or a minimum of three (3) percent higher than the employee's current salary, whichever is greater. See H.R. Rules for specific compensation practices. In order to qualify for such higher rate, the employee must perform that work which distinguishes the higher classification from the employee's regular class in terms of level of responsibility, types of duties, and/or quality and quantity. Rotation of employees through a position in a higher class for the purpose of avoiding payment of out of class pay is a violation of the intent of the out of class pay agreement.

Union Proposal 35

Article 24-RETENTION PAY

Section 1. Consistent with the HR Rules, regular and unclassified benefit-earning employees with at least five years of continuous employment* as of December 1 of the current year are eligible to receive retention pay in December.

Years of Employment

Retention Pay

5

$400

6

$480

7

$560

8

$640

9

$720

10

$800

11

$850

12

$900

13

$950

14

$1000

15

$1050

16

$1100

17

$1150

18 and over

$1200

*Based on hire date as a regular or unclassified employee (or on hours of eligible service converted to a date in APEX if hired before October 11, 2009.) This date shall also include time as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. An employee shall be permitted to indicate their preference for the payment of retention pay throughout the payroll calendar year, rather than as a lump sum.

Union Proposal 36

Article 9- WORK SCHEDULES/PREMIUM PAY

Section 14 Foreign Multilingual /Sign Language Stipends

Bargaining unit employees who are specifically required or authorized by the EMPLOYER to use foreign multilingual or sign language skills shall be compensated for such work according to the following terms and conditions:

 

  1. Certified and Regular Bi-Lingual Stipend. EMPLOYEES who are regularly required to use foreign language another language or sign language skills in addition to other job duties shall receive a salary stipend of $47.50$100.00 per payroll period. This stipend will be in effect for all compensated hours including compensated leaves.
  2. Occasional Bi-Lingual Pay. Employees who provide foreign additional language or sign language skills on an occasional or irregular basis at the request of the EMPLOYER shall receive $9.50 $20.00 in additional to their regular salaries for any work day on which such services are performed. This additional compensation shall not exceed $47.50 $100.00 for any one payroll period.

Union Proposal 37

Article 9- WORK SCHEDULES/PREMIUM PAY

Section 12. Weekend Differential

A weekend differential of $1.00 $2.00 per hour shall be paid to all employees required to work on any shift(s) that starts on either Saturday or Sunday for all hours worked between 12 midnight Friday and 12 midnight Sunday.

In 2023, the weekend differential shall increase to $2.20 per hour. In 2024, the weekend differential shall increase to $2.30 per hour. Note: duration of agreement pending

 

Such weekend differential shall be paid in addition to other forms of premium compensation for which the employee qualifies.

Union Proposal 38

Article 9-WORK SCHEDULES/ PREMIUM PAY

NEW Section 5

Employees shall not be required to work longer than sixteen (16) consecutive hours except during emergencies. Any hours worked in excess of sixteen (16) consecutive hours shall be paid at four (4) times the employee's normal rate of pay.

Union Proposal 39

Article 9-WORK SCHEDULES/PREMIUM PAY

Section 8. Shift Differential

A shift differential of $1.00 $2.10 per hour shall be paid to all employees who work on an assigned shift where at least five (5) hours of the shift occur between 5 p.m. and 7 a.m. Such shift differential shall be paid in addition to other forms of premium compensation for which the employee qualifies.

 

In 2023, the shift differential shall increase to $2.20 per hour. In 2024, the shift differential shall increase to $2.30 per hour. Note: duration of agreement pending

 

Union Proposal 40

Article 33- NON-DISCRIMINATION

NEW Section 2. The Union and the Employer agree when the effects of employment practices, regardless of their intent, discriminate against an individual’s protected class or classes (see Article 33, section 1), specific, positive and aggressive measures must be taken to redress the effects of said discrimination; in order to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, promotions, shift and location preference, transfer, recruitment, layoff or termination, and rate of compensation.  Therefore, the parties acknowledge the need for positive and aggressive affirmative action.


Respect and Dignity: The Employer and the Union agree that each employee shall be treated with respect and dignity.  Verbal abuse, threats, intimidation or harassment by managers and/or supervisors will not be tolerated.  Any violation of this clause shall be subject to the grievance procedure.

 

Union Proposal 41

Article 33- NON-DISCRIMINATION

NEW Section. The Employer agrees that all County Non-Discrimination Respectful Workplace (NDRW) complaint procedures shall be opened to Union participation at the request of the complaining employee and that each Appointing Authority/designee shall inform a complaining party of this right. This right shall extend to any process which replaces NRDW in the future. Further, the Employer and Union agree that County complaint procedures are modified to include these additional requirements:


1. When a complaint is initiated, a notice of a complaint in progress will be sent by the Appointing Authority/designee to the Union. If in filing a complaint an employee states that they are unable to function in the worksite from which the complaint arose, the Appointing Authority/designee shall conduct a preliminary investigation within two (2) working days. If this preliminary investigation establishes that a reasonable basis for the employee's concern about continuing in the work situation exists, the Appointing Authority/designee shall take intervening action to defuse the situation which may include temporarily reassigning either party until such time as the complaint is fully investigated, there is a finding, and corrective action, if required, is implemented.


2. Within thirty (30) calendar days, the Appointing Authority/designee shall conduct a full investigation and prepare a report along with designated actions to be taken to remedy the complaint. If the complaining employee has requested the Union's involvement in the complaint, the Union's representative as well as the complainant shall be provided a written summary of the findings and resolution. The Union and Employer agree that all hearings and records shall be private and that reprisal against an aggrieved employee or a witness is prohibited.


3. If the Appointing Authority fails to respond or fails to resolve the matter to the satisfaction of the appealing party, then the complaint may be referred to the Minnesota Department of Human Rights.

Union Proposal 42

Article 40- HEALTH AND SAFETY

NEW Section. The EMPLOYER shall establish a process in which EMPLOYEES are protected from  harassment, threats and intimidation by clients in the course of work for Hennepin County. Employees shall be appropriately notified of progress in the case of reported harassment, threats and intimidation, and made aware of specific protections available to them.

 

Union Proposal 43

Article 22-INSURANCE

NEW Section. Add link/addendum attachment of the County’s Indemnification Policy to the CBA

 

Union Proposal 44

Article 39- HEALTH AND SAFETY

Section 2. One representative appointed by AFSCME Council #5, Local X shall have an opportunity to participate on the EMPLOYER’s Environmental Health and Safety Committees. In addition, AFSCME Council #5, Local X shall appoint one representative to each department’s Health and Safety team as well as to all emergency planning committees relevant to health and safety. Such representative shall be an employee of the respective department. The Employer shall provide a list of all existing health and safety related and emergency planning committees to the Union on a quarterly basis.

Union Proposal 45

Article 29- HEALTH AND SAFETY

NEW Section. The Employer shall provide all personal protective equipment (PPE), and implement building engineering controls (i.e. air ventilation, 6-ft distancing), as determined necessary by the Union for the work of bargaining unit employees.

Union Proposal 46

Article 7- GRIEVANCE PROCEDURE

Section 3.

Step 2: FORMAL. If the grievance is not satisfactorily resolved in Step 1, and the UNION wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred, in writing, to the Department Head or his/her designated representative and to the Labor Relations Director or his/her designee within fourteen (14) twenty-one (21) calendar days after the designated supervisor’s answer as provided for in Section 3, Step 1-B.

 

Union Proposal 47

 

Article 7- GRIEVANCE PROCEDURE

NEW Section 10. When any disciplinary action is intended, the EMPLOYER or its designee shall before such action is taken notify the EMPLOYEE in writing of the intended disciplinary action and the reasons for such action. A meeting will be scheduled at which the employee shall be issued the disciplinary action. The employee shall be permitted union representation for this meeting.

 NEW Section 11. When a Loudermill hearing is scheduled for an EMPLOYEE, that EMPLOYEE shall have the right to union representation for that hearing.

 

Union Proposal 48

Article 29- FITNESS FOR DUTY

When question exists related to appropriate leave administration or work safety to individuals, co-workers or others, the EMPLOYER may require employees to undergo a medical evaluation that will enable the EMPLOYER to determine the employee’s fitness for performance of his/her duties. When the EMPLOYER requires an evaluation or report from a medical authority, either the employee’s personal or treating authority or the medical authority of the EMPLOYER’s selection, the EMPLOYER shall:

  1. Pay the fee charged for such evaluation or report if such is not covered through the health insurance program made available to employees by the EMPLOYER, and
  2. Compensate the employee at his/her BASE PAY RATE for regularly scheduled work time the employee was unable to work due to obtaining the evaluation if the evaluation result is that the employee is found fully fit to perform his/her work duties and responsibilities.

Union Proposal 49

Article 27- PERFORMANCE EVALUATIONS

NEW Section. The EMPLOYER shall not utilize Performance Improvement Plans (PIPs) or formal discipline for performance concerns in a declared state of emergency.

 

Union Proposal 50

Article 7-GRIEVANCE PROCEDURE

Section 3. GRIEVANCE PROCEDURE: Grievances, as herein defined, shall be processed in the following manner:

 

Step 1: INFORMAL.  An employee claiming a violation concerning the interpretation or application of the express provisions of this AGREEMENT shall:

 A. Within twenty-one (21) calendar days after the first occurrence of the event giving rise to the grievance, present such grievance, with or without the union representative, to his/her supervisor who is designated as appropriate for this purpose by the EMPLOYER.

B. The supervisor shall give his/her verbal or written answer within fourteen (14) calendar days after such presentation to the employee and his/her STEWARD.

 

Step 2: FORMAL.  If the grievance is not satisfactorily resolved in Step 1 and the UNION wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred, in writing, to the Department Head or his/her designated representative and to the Labor Relations Director or his/her designee within fourteen (14) twenty one (21) calendar days after the designated supervisor's answer as provided for in Section 3, Step 1-B. The Department Head and/or his/her designated representative shall discuss the grievance with the UNION within fourteen (14) calendar days after the date presented at a time agreeable to the parties.  If the grievance is resolved as a result of such a meeting, the settlement shall be reduced to writing and signed by the Department Head or his/her designated representative and the union representative.  If no settlement is reached, the Department Head or his/her designated representative shall give written answer to the union representative within fourteen (14) calendar days following their meeting.

 

Step 3: If the grievance is not satisfactorily resolved in Step 1 and the UNION wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred, in writing, to the County Administrator/Deputy County Administrator within fourteen (14) calendar days after the designated supervisor's answer as provided for in Section 3, Step 1-B. The grievance appeal shall be initiated by means of a written grievance to be signed by the employee and the union representative.  The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the AGREEMENT allegedly violated, and the relief requested.  The County Administrator/Deputy County Administrator shall discuss the grievance with the UNION within fourteen (14) calendar days after the date presented at a time agreeable to the parties.  If the grievance is resolved as a result of such a meeting, the settlement shall be reduced to writing and signed by the County Administrator/Deputy County Administrator and the union representative.  If no settlement is reached, the County Administrator/Deputy County Administrator shall give written answer to the union representative within fourteen (14) calendar days following their meeting.

 

Step 3 4:  MEDIATION.  If the grievance is not settled in accordance with the procedure set forth in Step 1 or Step 2, it may be submitted to mediation provided that the UNION and the Labor Relations Director or his/her designee, by mutual agreement, jointly petition the Minnesota Bureau of Mediation Services (BMS)for assistance in resolving the grievance within ten (10) working days after the employee and UNION’s receipt of the EMPLOYER’s written answer in Step 2.  The parties shall have thirty (30) calendar days in which to resolve the grievance through mediation. Section

 

4 5. ARBITRATION: If the grievance is not settled in accordance with the foregoing procedure, the UNION may refer the grievance to arbitration within fourteen (14) calendar days after the employee and UNION's receipt of the EMPLOYER's written answer in Step 2.  The parties shall mutually agree upon an arbitrator.  If the parties are unable to agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Act and administered by the State of Minnesota Bureau of Mediation Services.  The arbitrator shall hear the grievance at a scheduled meeting subject to the availability of the EMPLOYER and the union representatives.  The arbitrator shall notify the union representative and the EMPLOYER of his/her decision within thirty (30) calendar days following the close of the hearing or submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof.  The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses.  Employees who serve as such representatives or witnesses shall not be compensated at a rate in excess of their BASE PAY RATE.  If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record.  If both parties desire a verbatim record of the proceedings, the cost shall be shared equally.  The arbitrator shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT.  The arbitrator shall consider and decide only the specific issue(s) submitted, in writing, by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue(s) not so submitted.  The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law.  The decision shall be based solely upon the arbitrator's interpretation or application of the express terms of this AGREEMENT and on the facts of the grievance presented. If the arbitrator determines that the grievance is covered by law or statute, or not covered by the express provisions of this AGREEMENT, the arbitrator shall refer the grievance back to the parties without decision or recommendation. The parties may, by written agreement, agree to submit more than one grievance to the arbitrator provided that each grievance will be considered as a separate issue and each on its own merits.

 

Union Proposal 51

Article 27- PERFORMANCE EVALUATIONS

NEW Section 5. Any discipline which is not yet final shall not be included in the EMPLOYEE’s performance evaluation.

 

Union Proposal 52

Article 27- PERFORMANCE EVALUATIONS

Section1. The EMPLOYER shall determine whether an employee is to be granted an in-range salary rate adjustment on a normal performance review interval established by the EMPLOYER for the employee’s class. An employee shall not experience a delay in or loss of such salary increase because completion of the performance evaluation is delayed through no fault of the employee. The employee may initiate the performance evaluation in order to facilitate its timely completion.

 

Union Proposal 53

Article 27- PERFORMANCE EVALUATIONS

Section 3. When an employee who is eligible for an in-range merit adjustment receives a performance evaluation which results in the employee’s not receiving such increase, he/she may request review of this decision through the defined grievance procedure by the appointing authority or his/her designee. Such request must be made to the appointing authority within twenty-four (24) calendar days from the date the employee receives the evaluation. If the decision of the appointing authority does not resolve the matter within thirty (30) calendar days following the employee’s request for review, the matter may be referred to the Director of Human Resources for review by the Director or his/her designee. Such time limits may be waived by the agreement of the parties.

Union Proposal 54

Article 25- WORK UNIT VACANCIES

 Section 1. A vacant position which is to be filled by the EMPLOYER will normally be posted for not less than seven (7) calendar days within the department where located. REGULAR EMPLOYEES within the same class and department may indicate to the EMPLOYER in writing, their interest in being considered for reassignment to fill the vacant position.

 

Prior to filling the vacancy, the EMPLOYER will first fill the vacancy with give reasonable consideration to the senior qualified REGULAR EMPLOYEES who has requested reassignment to the vacant position.

 

Prior to posting the position to external candidates, the position will be open to and awarded to the most senior applicant in the following order:

1 Regular employee within the same job classification

2. Regular employee of any job classification or department

3. Limited Duration, Trainees, SCOPE or any other temporary employee currently performing duties of the vacant position

4. Limited Duration, Trainees, SCOPE or any other temporary employee

 

 

Union Proposal 55

Article 3- DEFINITIONS

P. PROBATIONARY PERIOD:

(4) Extensions of PROBATIONARY PERIOD. In all cases, PROBATIONARY PERIODS may be extended at the discretion of the EMPLOYER, provided such modification is communicated in writing to the employee and the union, no later than thirty (30) days prior to the end of the employee’s PROBATIONARY PERIOD. Such extensions shall only occur in instances where the employee would otherwise fail the PROBATIONARY PERIOD. The EMPLOYER shall not extend or fail the PROBATIONARY PERIOD of over 50% of any one hire group of new employees within the same job classification.

NEW (5) The EMPLOYER shall conduct a mid-probationary period review of all employees, no later than 2/3 of the way though their designated probationary period.

 

Union Proposal 56

Article 3- DEFINITIONS

R. REGULAR EMPLOYEE: A member of the exclusively recognized bargaining unit as identified in the “Recognition” Article who has completed the required PROBATIONARY PERIOD for a REGULAR appointment to a continuing position in the Classified service.

 

Union Proposal 57

Article 31- DISCIPLINE

Section 6. Human Resources Employee File

 

A. Investigations which do not result in disciplinary actions shall not be entered into the employee's Human Resources employee file or the employee's supervisory file. A written record of all disciplinary actions other than oral reprimands shall be entered into the employee's Human Resources employee file. All disciplinary entries in the Human Resources employee file shall normally state the corrective action expected of the employee.

 

  1. i. an oral reprimand shall be removed from the employee’s Supervisor file if no further disciplinary action has been taken against the employee within six (6) months following the date of the reprimand, or if no disciplinary action has been taken against the employee for the same or related offenses within one (1) year following the date of the reprimand,

ii.Upon written request of the employee, a written reprimand shall be removed from the employee’s Human Resources employee file if no further disciplinary action has been taken against the employee within two (2) one (1) years following the date of the reprimand, or if no disciplinary action has been taken against the employee for the same or related offenses within three (3) two (2) years following the date of the reprimand.

iii. a suspension shall be removed from the employee’s Human Resources employee file if no further disciplinary action has been taken against the employee within three (3) years following the date of the suspension, or if no disciplinary action has been taken against the employee for the same or related offenses within four (4) years following the date of the suspension.

iii. Records of coachings and other related documents shall be removed from the employee's supervisory file after one (1) year from the date of entry.

 

iv. Employees shall have the option to attach their own written rebuttal to any discipline or coaching contained in either their Human Resources employee or supervisory files.

 

Union Proposal 58

Article 31- DISCIPLINE

Section 6. Human Resources Employee File

NEW Subsection. Supervisor File. An employee will be made aware when a formal coaching document is placed within their supervisor file, and furnished a copy.

 

Union Proposal 59

Article 4- UNION SECURITY

Section 11. The EMPLOYER shall provide the UNION with a report each payroll period which shall identify new hires by name, job class and bargaining unit.

 

Further, the EMPLOYER shall refer newly hired AFSCME employees who attend the EMPLOYER’s New Employee Academy program to a UNION orientation session which shall within follow the EMPLOYER’s orientation session, be limited to thirty (30) minutes in length and held in the same room as the EMPLOYER’s New Employee Academy.

 

Union Proposal 60

NEW Section. Use of Limited Duration (non-grant funded) Employees. No employee's regular hours or duties will be reduced, and no FTE reduction shall occur, as a result of utilizing non-grant funded Limited Duration employees. A designated FTE will not exist as limited duration beyond two (2) years; after two (2) years such position shall be designated as a REGULAR position. 

 

Union Proposal 61

Article 41- CONTRACTING FOR SERVICES

NEW Section 3. Contracted County services will be paid at least at the rate of pay and benefits of Hennepin County employees performing the work.

NEW Section 4. Use of Volunteers – No employees’ regular hours or duties will be reduced through use of volunteers, interns or other unpaid temporary workers or automated machines such as check out or check in kiosks.

 

Union Proposal 62

NEW Section. The EMPLOYER shall not increase FTE in management positions in work areas and departments in which there is a reduction in FTE of frontline staff.

Union Proposal 63

Article 22- INSURANCE

NEW Section. Remove incentive program requirement for reduced co-pay cost to employees.

Union Proposal 64

Article 22- INSURANCE

Section 2. Add mention of “100% coverage for Mental Healthcare services” to listing in this section

 

 

Union Proposal 65

Article 22- INSURANCE
Section 1. D. Health Care Plan Reserves Fund The EMPLOYER, in its sole discretion, will determine if and how many dollars from the Reserves Fund will be utilized.

The use of Health Care Plan Reserves to fund Employer “Premium Holidays” is strictly forbidden. The reserve fund may only be used to cover medical or administrative services or be returned to members of the plan through enrichment of the plan. An Employer Premium Holiday is defined as a pay period where the Employer does not provide a premium contribution to the health plan. Any use of reserves will be a subject of bargaining.

Addendum Consensus Model and LMHCC Structure

Remove all reference to the use of health plan reserves throughout the addendum. See attached.

 

Union Proposal 66

Wages

$5.00/hour increase now, or an increase in hourly wage in the amount equal to the difference between $5.00 and the increase an employee received in the April 28, 2021 County minimum wage implementation

$5.00 to the top of pay scale for all represented job classifications

7% GSA/COLA each year of the contract

5 steps to the top (steps of equal amount), time to top not to exceed 5 years or 5% steps (annual progression), whichever is greater

5% at time of promotion