The Minnesota Nurses Association (hereinafter, “MNA”) is a great place to work. On behalf of your fellow employees, we welcome you to MNA and wish you every success. MNA represents over 21,000 nurses and other healthcare professionals across the Midwest.
MNA’s Mission Statement
1. Promote the professional development, economic, and personal well-being of nurses.
2. Uphold and advance excellence, integrity, and autonomy in the practice of nursing.
3. Advocate for quality care that is accessible and affordable for all.
MNA
Purpose
Per the bylaws, the purpose of the Minnesota Nurses Association, a union of professional nurses with unrestricted RN membership, shall be to advance the professional, economic, and general well-being of nurses and promote the health and well-being of the public. These purposes shall be unrestricted by considerations of age, color, creed, disability, gender, gender identity, health status, lifestyle, national origin, nationality, race, religion, sexual orientation, marital status, status concerning public assistance, or familial status.
MNA is an equal opportunity employer and will not unlawfully discriminate against any employee or applicant for employment.
MNA strongly believes in and upholds a policy of equal treatment, non-discrimination, and support for diversity. The struggles for civil rights for people of color, women, LGBTQ+, and people with disabilities are part of our struggle for justice as labor activists and organizers.
MNA recognizes diversity as one of our movement's great strengths. It seeks to build a diverse staff and leadership that represents the constituencies it serves.
All MNA employees must honor each other’s and the diversity of the members we represent and exhibit respect, goodwill, and support for all individuals.
MNA will not tolerate unlawful discrimination or harassment based on race, color, national origin, religion, gender, age, military status, marital status, sexual orientation, gender identity, ancestry, citizenship, physical or mental disability, genetic characteristic, or any other characteristic protected by state or federal law.
We believe that each employee contributes directly to MNA’s growth and success, and we hope you will take pride in being a member of our team.
This handbook is not a contract and should not be construed as creating contractual obligations. This handbook cannot anticipate every situation or answer every employment question.
The policies contained in each section of this handbook apply to employees, including those represented by a labor organization, only to the extent that these policies do not conflict with the applicable collective bargaining agreement. For employees represented by a labor organization, in the event of a conflict between this handbook and the collective bargaining agreement, the collective bargaining agreement shall be the controlling document.
Except where precluded by a collective bargaining agreement, employment with MNA is at will and can be terminated by the employee or by MNA at any time, with or without notice, and with or without cause. The at-will nature of employment cannot be changed except by the Board of Directors or an authorized designee, and it must be reduced in writing. Except where precluded by a collective bargaining agreement, MNA reserves the right to modify, rescind, delete, or add to any policies, benefits, practices, or rules described in this handbook from time to time and in its sole and absolute discretion. MNA will notify staff of such changes when they occur and where required by law.
All employees are required to read this handbook carefully to become fully informed of MNA’s expectations and current policies and procedures. All employees are required to read the handbook, keep a copy of it, and sign the acknowledgment form indicating receipt. If you have questions about this handbook, you may discuss it with your MNASO representative, supervisor, or the HR Department.
The policies and procedures contained herein supersede previous policies, practices, and procedures. Failure to follow the policies and procedures set forth in this handbook may result in disciplinary action, up to and including termination.
Nothing in this handbook will prevent MNA from hiring, transferring, or assigning its employees based on the Employer’s needs.
EMPLOYMENT
Employment
101 Nature of Employment
This Handbook is designed to acquaint you with MNA and provide information about working conditions, employee benefits, and policies affecting your employment. It describes many of your responsibilities as an employee and outlines many of the programs developed by MNA to benefit employees. One of our objectives is to provide a work environment conducive to personal and professional growth.
This Handbook cannot anticipate every situation or answer every employment question. To retain necessary flexibility in the administration of policies and procedures, MNA reserves the right to change, revise, or eliminate any of the policies and/or benefits described in this Handbook as we deem necessary. This Handbook is not an employment contract and is not intended to create contractual obligations of any kind or to alter the collective-bargaining relationship or agreement that exists between MNA and MNASO.
You are joining an organization that has a reputation for outstanding leadership, innovation, and expertise. Our employees use their creativity and talent to develop new solutions, meet new demands, and offer the most effective way of representing and unionizing nurses across the Midwest. With your active involvement, creativity, and support, MNA will continue to achieve its goals.
Other than the collective bargaining agreement between the Minnesota Nurses Association Staff Organization (MNASO) and MNA, these procedures supersede and void any prior oral or written policies, practices, or promises made by MNA concerning its employees’ terms and conditions of employment. All previous employee handbooks or policies outside of the collective bargaining agreement are hereby revoked.
Employment 102 Employee Relations
At MNA, we recognize that employees are a critical component of our success. Our achievements are due to the spirit and cooperation of staff who contribute. It is our goal to promote a work environment that encourages both teamwork and individual initiative.
MNA will do its best to:
Provide a safe working environment.
Select and promote people based on skills, knowledge, and ability without prejudice or discrimination.
Maintain competitive wages and benefits appropriate to our philosophies.
Welcome employee input, ideas, and constructive feedback.
Assist staff in understanding and meeting organizational objectives.
Dedicate ourselves to being the best.
Respect individual rights and treat all employees with courtesy and consideration.
Maintain mutual respect in our working relationships.
Do all these things in a spirit of teamwork and cooperation.
Each of us, as employees, are responsible for:
Punctual attendance according to your work schedule.
Good housekeeping skills (keeping self, workstations, and surrounding areas as clean as possible).
Safe working practices and good work performance.
Cooperating with fellow employees to achieve the best results.
Mutual respect for those we work with.
Constructive participation in the operation of the organization by contributing your ideas and becoming personally involved in opportunities as they may arise.
Complying with policies and directives.
Employment 103 Equal Employment Opportunity
MNA is committed to providing equal employment and advancement opportunities to all individuals, employment decisions at MNA will be based on skills, knowledge, qualifications, and abilities. MNA is dedicated to equal employment opportunity and employs qualified persons without regard to race, color, religion, gender, health status, national origin, age, disability, lifestyle, creed, sexual orientation, or any other classification protected by federal, state, or local laws. Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor or the HR Manager (hereinafter, HR). Employees can raise concerns and make reports without fear of reprisal.
MNA will make reasonable accommodations for qualified individuals with disabilities to comply with the state and federal disability discrimination laws. This means that MNA will make reasonable accommodations for qualified individuals with known physical or mental disabilities unless doing so would result in an undue hardship. MNA will not request or require a genetic test of any employee or applicant, nor will it collect or use any protected genetic information in connection with any employment-related decisions.
MNA will not tolerate unlawful discrimination or harassment based on race, color, national origin, religion, gender, age, military status, marital status, sexual orientation, gender identity, ancestry, citizenship, physical or mental disability, genetic characteristic, or any other characteristic protected by state or federal law.
Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.
Employment
104 Employee Interpersonal Relationships and Conduct
MNA recognizes that becoming a Union staff member is more than a “job.” It is participation in a movement for social justice.
All staff members, regardless of bargaining unit status, hold positions of high responsibility.
Our common goals are to stand for equality and fairness and to seek full participation in our Union from employees of every race, ethnicity, religion, age, physical ability, gender, gender expression, and sexual orientation. We will work together in solidarity to improve our communities and promote diversity in the workplace.
To attain our common goals and enhance the quality of our work, everyone in the organization must treat each other with dignity and respect and work collaboratively. MNA encourages all staff to treat one another with professionalism, to recognize and appreciate the individual contribution of all such people, to clearly communicate expectations regarding performance, and to support individual opportunities for personal growth.
Personal Relationships in the Workplace
The employment of relatives or people involved in dating relationships in the same area of the organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried into day-to-day working relationships.
Although MNA does not prohibit employing relatives of other employees or people involved in dating relationships with other employees, we are committed to monitoring situations in which such individuals may work in the same area. Generally, relatives and people involved in dating relationships will not be allowed to report to one another or otherwise work in a position that has control or influence over the other person’s hiring, advancement, performance evaluation, discipline, or termination. In case of actual or potential problems, the HR Manager will review the issue and provide a full report to the appropriate director or Chief of Staff. If the issue cannot be resolved at the HR/Department level, the Executive Director will evaluate the situation and determine if the employee needs to change their work assignment or if other actions are warranted.
For this policy, a relative is defined as any person who is related by blood or marriage or whose relationship with the employee is similar to that of persons who are related by blood or marriage.
Employee Interactions, Conduct, and Responsibility
Consumption of Alcohol: MNA staff are expected to always conduct themselves respectfully with members, whether in the MNA office, a bargaining unit facility, or at union-related events. Staff shall not consume more than two (2) alcoholic drinks nor encourage MNA members or their fellow staff to drink excessively at MNA-sponsored functions or events. Staff are prohibited from arriving at work/events intoxicated or becoming intoxicated while performing their duties or at any MNA-sponsored events.
Fraternization: Staff are strongly discouraged from engaging in activities or relationships that may create a conflict of interest or compromise their ability to perform their duties impartially.
This includes but is not limited to:
Engaging in intimate relationships between MNA managers/directors and MNA employees.
Engaging in intimate relationships between MNA employees and MNA members.
Engaging in intimate relationships between MNA employees and bargaining unit Employer representatives.
Additionally, MNA staff are prohibited from sharing hotel rooms with members or spending the night in a member’s hotel room at MNA-sponsored events, unless the staff member is related to the MNA member by familial or marital relationship. Staff are also strongly discouraged from entering a member’s hotel room unless required to do so in the performance of their duties as MNA employees.
Mandatory disclosure of personal relationships with staff, members, and employer representatives :
If an employee has a preexisting intimate relationship with another employee or MNA member, the employee(s) must inform HR and the Executive Director of the relationship and have it noted in the employee’s personnel file.
If an employee begins a romantic or personal relationship with another MNA employee, a member, or a representative of a bargaining unit employer, the employee is required to disclose the relationship to the Executive Director and HR. Once the Executive Director is aware of the relationship, the Executive Director will evaluate the situation and determine if the employee needs to change their work assignment. Consideration may be given to the legal status of the relationship, such as marriage and/or the position the member holds within the bargaining unit.
Failure to comply with this policy may lead to disciplinary action, up to and including termination of employment.
Employment 105 Driving
General Driving Requirements : While operating a vehicle (personal or MNA-owned) on MNA business, employees must:
Always observe applicable speed limits;
Obey all traffic rules and regulations;
The consumption of any legal or illegal substance that can impair your judgment and your ability to operate a motor vehicle is prohibited;
Not to engage in horseplay as a passenger or while driving;
Drive defensively and anticipate driving hazards such as bad weather and bad drivers; and
Report any accidents to the police and their supervisor
MNA Van Conditions:
All passengers and drivers must wear safety belts. If a safety belt is inoperable, an individual cannot use the seat until it is repaired or replaced.
When using the van, it must be returned clean and free from debris, all materials/equipment removed, and if applicable, seats reinstalled.
Accidents :
Employees should seek medical attention immediately if needed
Employees must report traffic accidents to local police and then their supervisor.
Employees must not sign or make any statements regarding their responsibility or fault for an accident that occurs while they are driving on MNA business. Employees should avoid explaining or describing the accident to anyone except public safety personnel, their supervisor, or the insurance company's claims adjuster or attorney.
Employees must do their due diligence to obtain the name, address, phone number, and license number of other drivers involved. Employees also must do their due diligence to collect insurance company contact information and the address and phone number of the police department where the accident report is prepared. If the employee feels that it is unsafe to gather information about other drivers involved, the employer will rely on the police report to obtain the needed information.
Traffic Violations:
MNA is not responsible for any traffic violations or parking tickets acquired by violation of city ordinances or state or federal laws regarding your driving habits and operation of your motor vehicle. Any ticket issued is the employee’s responsibility, even if the ticket is issued while conducting business for MNA.
Distracted Driving:
MNA is committed to employee safety, and for this reason, it firmly prohibits all behavior that distracts employees while they are operating a vehicle. General guidelines for behavior while driving, https://dps.mn.gov/divisions/ots/safe-driving-information-and-laws. All employees are required to comply with federal and state laws regarding the use of cell phones while driving.
Insurance Requirements:
Employees who use their vehicles for Union business are required to carry adequate limits of liability, as applicable to state law.
Employment
106 Immigration Law Compliance
MNA employs only United States citizens and non-citizens who are authorized to work in the United States and does not unlawfully discriminate based on citizenship or national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with MNA within the past three years or if their previous I-9 is no longer retained or valid.
Employees with questions or seeking more information on immigration law issues are encouraged to contact the HR Manager. Employees may raise questions or complaints about immigration law compliance without fear of reprisal.
Employment
107 Conflicts of Interest
Employees must avoid activities that conflict with MNA’s interests, or which adversely affect the organization’s reputation. No policy can describe every situation that may constitute a conflict of interest. The purpose of these guidelines is to provide general directions so that you can seek further clarification on issues related to conflicts of interest. Contact the Executive Director or HR Manager if you have any questions about conflicts of interest.
A conflict of interest can generally be described as a situation in which your loyalty is or may appear to be, divided between self-interest or the interests of a third party and the interests of MNA. The types of activities and relationships you must avoid include, but are not limited to:
Accepting, agreeing to accept, or soliciting money or other tangible or intangible benefits in exchange for favorable decisions or actions in the performance of your job or that might appear to influence your decision-making or professional conduct.
Accepting employment or compensation or engaging in any business or professional activity that might require disclosure of confidential information or trade secrets.
Directly or indirectly engaging (or connected in any manner) in the ownership, operation, management, control – or be employed by or connected in any manner with any person or entity which solicits offers, offers to provide, or provides any services or products similar to those which MNA offers to its members or prospective members.
Accepting employment or compensation that could reasonably be expected to impair your independent judgment in the performance of your duties.
Accepting a kickback, bribe, substantial gift, or special consideration because of any transaction or business dealings involving MNA.
Giving preferential treatment in business dealings to any person or company in which you, a relative, or a friend has significant ownership, interest, or relationship.
Making promises/agreements outside the employee’s authority or scope of responsibility to any member, employer, or vendor.
You must disclose any and all actual or potential conflicts or relationships that may create the appearance of a conflict of interest to the Executive Director and HR as soon as you become aware of them so that safeguards can be established to protect all parties.
Failure to make the required disclosures or resolve conflicts of interest satisfactorily can result in discipline, up to and including termination of employment.
Employment
108 Whistleblower Protections
In accordance with Minnesota Statute §181.932, the purpose of this Whistleblower Policy is to create an ethical and open work environment, to ensure that MNA has a governance and accountability structure that supports its mission, and to encourage and enable employees of MNA to raise legitimate concerns about the occurrence of illegal or unethical actions within MNA instead of turning to outside parties for resolution.
This policy is intended to apply to employees who report activities they consider illegal, unethical, or dishonest to one or more of the individuals specified in this policy. Whistleblowers should not feel responsible for formally investigating the activity or determining fault or corrective measures. Instead, as discussed below, appropriate management officials are charged with these responsibilities.
Examples of illegal, unethical, or dishonest activities include, but are not limited to, such things as:
Violations of federal, state, or local laws.
Activities that potentially violate healthcare reform laws.
Theft or inappropriate removal or possession of property that is not the employee’s.
Unethical, immoral, or criminal conduct in or outside of the workplace.
Falsification of timekeeping records.
Violation of OSHA or other regulatory standards.
Sexual or other unlawful or unwelcome harassment.
Unauthorized disclosure of intellectual property or confidential information while employed by MNA.
If an employee has knowledge of or a concern regarding illegal or dishonest fraudulent activity, the employee is to contact their immediate supervisor or the HR Manager. The HR Manager will be responsible for investigating any concerns, as well as determining the proper course of corrective action. If the HR Manager is the subject of the whistleblower complaint, another member of senior management will be responsible for conducting the investigation.
Insofar as possible, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law, and to provide the accused individual(s) with their legal rights of defense. MNA will not retaliate, or permit retaliation, against a whistleblower who brings forward what they believe to be a legitimate concern under this policy. Any whistleblower who believes they are being retaliated against must contact the HR Manager immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal or professional wrongdoing.
Employees must exercise sound judgment to avoid baseless allegations. Employees who intentionally or recklessly file a false or baseless report of wrongdoing will be subject to discipline, up to and including termination. Employees with any questions regarding this policy should contact their supervisor or the HR Manager.
Nothing in this policy is intended to prevent employees from engaging in concerted activity protected by law.
Employment
109 Outside Employment
Employees must notify their director of outside employment/consulting or contracted work in writing and provide a copy to HR for their personnel file. The employee must also notify the employer when their dual employment has ended. It is not the intent that this notification requires the employee’s Director to approve such employment but denotes the organization’s awareness of employment outside of MNA. However, managers or employees who have questions about whether employment with a particular outside employer might constitute a conflict of interest must seek approval from the Executive Director or the HR Manager to continue or begin employment with that organization. Outside employment that constitutes a conflict of interest or is performed for a competitor is prohibited.
Employees may not receive any income or material gain from individuals outside MNA for materials produced or services rendered while performing their duties as an MNA employee.
Employees may not utilize MNA equipment or materials in a manner that would provide financial gain or advantage to the employee or others known to the employee, e.g., creating or printing flyers for a personal business venture.
Nothing in this policy is intended to prevent employees from engaging in concerted activity protected by law.
Employment
110 Political Activity/ Personal Political Activity
MNA encourages employees to participate in lawful political activities. Participating in these activities must be conducted on the employee’s own time and should in no way suggest MNA support, whether financial or otherwise.
The following political activities are prohibited from being performed while on duty, unless directed by an MNA manager:
Demonstrating.
Counting or recounting votes.
Circulating petitions.
Soliciting votes or contributions at any time in any working area of MNA.
Conducting or participating in opinion polls.
Fundraising.
All other political activities that are not considered part of the employee’s normal duties.
Employees may not use MNA equipment or resources for making, copying, or distributing political materials or messages.
Political messages that contain inappropriate, derogatory language and/or imagery that is offensive to co-workers are prohibited. Harassment of co-workers or members regarding political preferences will not be tolerated.
Elected or Appointed Roles/Positions/Offices:
This Policy is intended to ensure that MNA complies with applicable campaign finance laws and labor laws when one of its employees runs for public office. Pursuant to this Policy, an employee running for public office is strictly prohibited from:
Engaging in campaign activity or discussing the campaign during work time. An employee's work time is defined as any time when the employee is engaged in any activity on behalf of MNA. Work time does not include benefit time, vacation time, or approved flex time when the employee is not working on behalf of MNA. The restriction on campaign activity or campaign discussions on work time includes when the employee is working offsite, such as from home or the Capitol. The employee shall not engage in campaign conversations with MNA’s staff, leadership, or members in the course of or incidental to any MNA business, nor shall the employee engage in campaign activity in the workplace.
Using MNA resources, facilities, materials, equipment, office machines, furniture, supplies – anything of value – to aid campaign activity.
Using MNA’s membership lists, or other member contact information derived from employment, for purposes of campaign activity;
Using MNA’s communication tools, including but not limited to e-mail, phones provided or paid-for by MNA, computers, MNA’s website, MNA social media accounts, intranet systems, wireless networks, or any other MNA technology for purposes of campaign activity.
Selling or lending any of MNA’s goods, equipment, materials, or services below market value to the employees’ campaign.
Using MNA funds to buy goods or services from the employee’s campaign (e.g., a table at a fundraiser or a T-shirt) or to donate directly to the employees’ campaign.
Lending any amount of MNA funds for campaign activity; or
Engaging in any activity that gives the appearance of MNA’s endorsement of or affiliation with the employee’s campaign, unless MNA formally and publicly endorses the employee’s candidacy following its mandatory internal procedures.
Employees must notify their director before running or accepting any political position/role (e.g. Federal, State, Municipal, County, political party, or Board). The notification process must include the position, time commitment to hold such position/role, and potential positive or negative impact on MNA. Any venture into positions/roles outside of MNA must not affect an employee’s work performance or the reputation of MNA, up to and including:
Accepting a full-time paid position.
A full-time/part-time position/role that demands a significant amount of time to perform and has the potential to impact MNA objectives and goals.
If the employee engages in prohibited campaign activity as described above, the employee is subject to discipline up to and including termination. This policy does not prevent MNA leadership from assigning employees to engage in political activities that have been approved in advance and are consistent with applicable law.
Nothing in this policy is intended to prevent employees from engaging in concerted activity protected by law.
Employment 111 Confidentiality and Non-Disclosure
The protection of confidential information and intellectual property is vital to MNA’s interests and success. Such confidential information includes, but is not limited to, written and electronic forms of the following examples:
Computer codes, passwords, and processes
Computer programs
Copyrighted or proprietary material
HIPAA-related information
Strategic plans
External Organizing Campaigns
Financial information
Trade secrets
Pending projects and proposals
Pricing data
Training materials
Departmental plans and strategies
This information has actual and/or potential independent economic value and is subject to a reasonable effort by MNA to maintain its confidentiality. Any such information provided or disclosed to employees is intended by MNA to remain confidential and protected from disclosure until MNA specifically declares such information to be no longer confidential. “Employees” includes all persons employed by MNA, whether part-time, full-time, temporary, or as a consultant.
Except as specifically directed by MNA, employees shall not make any disclosure of any confidential materials or information, except as required or provided by law. Except as specifically directed by MNA, employees shall not duplicate or otherwise copy any confidential materials or information. MNA staff shall hold and maintain confidential information in the strictest confidence for the sole and exclusive benefit of MNA. MNA staff shall carefully restrict access to confidential information to members, members’ employers, and any other person/place outside of MNA as is reasonably required. MNA staff shall only be looking at member data pertaining to their work.
Nothing in this policy is intended to restrict employees from exercising legal rights under any state or federal law, nor will employees be subject to discipline for engaging in legally protected activity. Employees who improperly use or disclose intellectual property, confidential information, or other information protected by law will be subject to disciplinary action, up to and including termination of employment.
Once the confidential information is no longer needed, MNA staff shall immediately return to MNA any and all records, notes, and other written, printed, or tangible materials in their possession pertaining to confidential information. Any updated information should be brought back to the office and passed on to the designated person for updating the membership database system, and then any other version of that information shall be destroyed. Exported lists shall not remain on any device once use for that list has been completed. Devices as referred to in the previous statement include, but are not limited to, cell phones, computers,
laptops, jump drives, external hard drives, and cloud storage such as Google’s Drive or Microsoft’s OneDrive.
Protection of MNA Member and Fee Payer Information
The names, addresses, units/departments, telephone numbers, email addresses, and other contact information or individual identifying information about the members and fee payers of the Minnesota Nurses Association in the possession or control of the Association shall be treated as confidential, proprietary, and/or trade secret information (“Member and Fee Payer Information”). Member and Fee Payer Information includes both individual information and compilations of information such as membership lists. The unauthorized use or disclosure of Member and Fee Payer Information undermines the Association’s strategic and financial objectives, including its efforts to implement its policies and priorities and develop successful internal organizing efforts, external organizing campaigns, and actions in support of contract negotiations. In addition, unauthorized use or disclosure of Member and Fee Payer Information infringes on the privacy interests of members and fee payers. Accordingly, Member and Fee Payer Information shall only be used and disclosed for purposes approved by the Association. This Policy describes the conditions and procedures that must be fulfilled in order for any Member and Fee Payer Information to be used or disclosed. All Association personnel who have access to Member and Fee Payer Information as defined in Section I of this Policy shall be bound by this Policy.
POLICY:
1. CATEGORIES OF PERSONNEL AND SCOPE OF ACCESS
A. Directors, managers, staff, and other Association employees shall have access to use any and all Member and Fee Payer Information to perform their functions and duties on behalf of the Association.
B. Unit Chairs shall have access to use any and all Member and Fee Payer Information from members and fee payers in their bargaining unit to perform their representational functions and duties on behalf of the Association.
C. Stewards shall have access to use Member and Fee Payer Information from members and fee payers in their bargaining unit on a case-by-case basis as needed to handle grievances and perform other duties and functions of a steward on behalf of the Association.
D. Other Member Leaders and Member Volunteers (including negotiating committee members, contract action teams, strike captains, volunteers who reach out to fee payers, and similar member leaders and volunteers) shall have access to use Member and Fee Payer Information only as specifically approved in advance by MNA officers, directors, managers, or staff for purposes of performing designated functions on behalf of the Association.
2. LIMITS ON USE AND DISCLOSURE OF MEMBER AND FEE PAYER INFORMATION
A. Association Purposes Only: Member and Fee Payer Information shall only be used or disclosed for Association-approved purposes and shall only be used by, or disclosed to, those with a need to use Member and Fee Payer Information for Association-approved purposes. Approved purposes include, but are not limited to, representation of members and fee payers, contract enforcement, internal organizing and membership development, collective bargaining, external organizing, and implementation of other policies and priorities as defined by the Association’s Board of Directors and Executive Director.
B. Compliance with Law and Association Policy: Member and Fee Payer Information may be used or disclosed as necessary to comply with applicable law and with the Association’s Bylaws, policies, and procedures, including election policies and procedures. Such disclosures shall be considered to be Association-approved purposes.
C. Limits on Disclosure to Outside Vendors: The Association prohibits disclosure of Member and Fee Payer Information to any outside vendor except when necessary for the vendor to conduct Association business, including, but not limited to, an internal election, assisting with internal organizing efforts, legal representation, or collective bargaining. In the event the Association discloses Member and Fee Payer Information to an outside vendor for approved purposes, it shall secure the agreement of the outside vendor to protect the confidentiality of the Member and Fee Payer Information and to destroy it or return it after its business with the Association is concluded.
D. Limits on Commercial Purposes: The Association strictly forbids the use or disclosure of Member and Fee Payer Information for any commercial purpose that is not approved in advance by the Association, including for purposes of sales or marketing of goods or services to MNA members and fee payers or the public.
E. No Use Against the Association: The Association strictly prohibits the use of Member and Fee Payer Information for any purpose contrary to the Association’s interests, including for opposing the Association’s goals or policies, assisting an employer or a competing labor organization against the Association, attempting to decertify the Association, or otherwise interfering with the Association’s operations or interests.
F. Member-to-Member Requests: If a member or fee payer requests the contact information of another member or fee payer, staff are directed to inform the requester that staff is willing to contact the member or fee payer whose number was requested and pass along the request and the requester’s contact information.
G. Use of Email: When communicating via email to members and fee payers, the blind copy function must be used to minimize the risk of disclosing Member and Fee Payer Information. Using this method “hides” the e-mail addresses of members and fee payers so they are not available for a use for which they were not intended. If hard copies are distributed, the email addresses or other contact information of members and fee payers shall be redacted to the extent practicable.
H. Unit-Level Data: Member and Fee Payer Information collected and used to perform union duties by bargaining unit-level MNA member leaders - such as unit chairs, stewards, or negotiating committee members - shall be subject to this Policy. This includes, but is not limited to, contact information of members and fee payers collected and stored in connection with a personal account or list serve set up for union-related communications by a unit-level MNA member leader. A unit-level MNA member leader shall promptly and regularly provide all such Member and Fee Payer Information collected at the unit level to the MNA office and shall provide updated Member and Fee Payer Information to the MNA office at the same time as making any updates at the unit level. Lists of contact information, list serves, or communication networks compiled or set up by rank-and-file members or fee payers for purposes other than MNA business are not covered by this Policy.
I. Cease and Desist Notice: If the Association finds any use or disclosure of Member and Fee Payer Information to be in violation of this Policy, the Association will provide notice to cease and desist to the employee making such improper use or disclosure. Such an employee must immediately return or destroy the Member and Fee Payer Information, whichever is directed by the Association, and take such other appropriate remedial steps as directed by the Association.
K. Steps to Protect Confidentiality: The Association shall use reasonable efforts to store its Member and Fee Payer Information in a manner that protects confidentiality; for example, by using password-protected technology with limited user access.
L. Return or Destruction of Data upon Completion of Duties or Departure, As Directed by the Association: Once a person no longer occupies a position with the Association that provides a right of access to Member and Fee Payer Information as described in this Policy, or no longer has a need to use specific Member and Fee Payer Information as described in this Policy, such person shall return any and all such Member and Fee Payer Information in his or her possession to the MNA office or destroy it, whichever the Association directs the person to do. The person shall not destroy any such Member and Fee Payer Information unless and until specifically instructed to do so by the Association. Upon request of the Association, the person shall provide any and all Member and Fee Payer Information in his or her possession to his or her successor in the MNA position from which the person is departing.
3. CONSEQUENCES OF VIOLATIONS
Any MNA manager, staff member, or employee who knowingly violates this policy may be subject to employment discipline, up to and including termination. If, after receipt of a cease and desist notice, a person subject to this Policy refuses to comply immediately with the cease and desist notice in any respect, including return or destruction of the Member and Fee Payer Information (whichever is directed by the Association), the Association shall have the right to pursue a civil action against such person and obtain any remedies available at law, including monetary damages and temporary and preliminary injunctive relief. It is understood that failure to abide by a cease-and-desist
notice will cause irreparable harm to the interests of the Association, giving rise to the need for injunctive relief.
Employees are entitled to, and MNA complies with, all of the rights and remedies set forth under Minnesota Statute §181.172.
Employment
112 Workspace Cleanliness
MNA requires employees to maintain a neat office space free from clutter (defined as: the accumulation of unnecessary, disorganized or misplaced items that negatively impact productivity, safety, or well-being in the workplace). MNA is not responsible for personal items in the building. Offensive material and language are prohibited from being displayed in the workplace. In addition, unnecessary and outdated paperwork (see document and data retention policies) should be regularly recycled and kept out of the workspace to present an orderly business image .
Public Workspace: A public workspace is any space in which the public has physical or visual access that is not a private workspace. For example, lobbies, reception areas, front counters, conference rooms, wellness room, hallways, or exteriors of buildings.
Private Workspace: A workspace that is assigned exclusively to one employee, such as a cubicle, desk, or office that may be seen occasionally by coworkers but not by members or the general public.
Shared Workspace: A shared workspace is used or shared by employees, such as copy rooms, conference rooms, shared offices, bathrooms, or break areas.
Office Requirements:
Each employee is responsible for their own area and the daily maintenance (picking up after oneself) of common areas.
Public areas of the buildings should always be clean. MNA utilizes a cleaning service for these areas, but all employees are responsible for throwing away all trash, wiping down any spills on surfaces, and placing equipment such as dishes, tables, and chairs, back where they were found.
Paths of travel in all spaces should be kept clear of objects that a person may trip over.
Public, private and shared workspaces should be kept reasonably clean and free from trash.
All personal food/drink items should be sealed and stored appropriately so as not to attract pests.
Plants kept in the office should be maintained and trimmed from dead leaves or debris. Any plants with potential signs of illness should be brought home immediately.
Storage of boxes, brochures, office equipment, and other items should not be kept in common areas visible to members.
Paper products (reports, forms, printing, etc.) should be handled appropriately through recycling, use of filing cabinets, archiving, and shredding.
Storing loose papers, boxes, or work-related items on the floor of public, private or shared workspaces is not acceptable and creates a fire and safety hazard.
Empty food containers and food packaging should be cleaned and/or removed daily to maintain a safe and sanitary environment.
Posters, pictures, notes, etc. are permitted, provided they are minimal, tasteful in nature, and not offensive to other employees. Exceptions may be made for office-endorsed activities.
MNA consistently enforces its policies prohibiting workplace discrimination and harassment of any kind, including images, graphics, or other visual displays, that may constitute offensive or inappropriate workplace conduct.
Environmental Awareness :
Unless an accommodation is made, appliances such as mini-fridges, coffee makers, etc. are prohibited from private workspaces.
All accessory devices including but not limited to lamps, radios, fans, and heaters, shall be turned off upon leaving each day.
Moving Assigned Workstations:
If there is a desire to move workstations when the opportunity arises, it is the responsibility of the individual to notify the Director of Operations of this interest. Without such notification, an office shuffle process will not be initiated upon workstation vacancy.
Upon confirmation/approval of moving workstations, it is the individual’s responsibility to clear out all personal and work-related items.
The space being vacated should be clean and clear of all items.
All workstations shall have the following equipment and therefore shall not be moved from offices:
o Monitor Arms
o Monitors
o Docking Stations
o Desk
Unassigned / Shared workspaces:
When offices or cubicles are not in use, a reservation calendar will be available to all staff to reserve the space.
The reservation calendars will be restricted to daily reservations and will be approved based on a first-come, first-served basis.
MNA reserves the right, based on operational need, to cancel a reservation.
Vacated Workspaces:
When an office or cubicle is vacated due to an employee voluntarily changing offices or requesting to home office, the vacating employee is responsible for cleaning and resetting the office space prior to a new occupant being assigned. In the event of employee termination, the manager of that department will reset the office space.
Employees in violation of this policy will be subject to appropriate disciplinary procedures, up to and including termination of employment.
EMPLOYMENT STATUS AND RECORDS
Employment Status and Records
201 Employment Categories
It is the intent of MNA to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility.
Each employee’s position is classified as either non-exempt or exempt from state and federal wage and hours laws. Non-exempt employees are entitled to overtime pay and other benefits under the wage and hour laws, whereas exempt employees are excluded from specific provisions of the laws and don’t receive overtime pay. An employee’s position is either exempt or non-exempt and is determined by whether the primary duties of the position fall within one of the exemption categories established by state and federal law.
In most cases, non-exempt employees are paid on an hourly basis, while exempt employees are paid on a salary basis. Employees will be notified individually of their exempt or non-exempt status.
See Section 1, “Recognition,” of the MNASO collective bargaining agreement for further information.
Employment Status and Records 202 Personnel Information Changes
It is the responsibility of each employee to promptly notify MNA of any changes in their personal information. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. If any personal data has changed, notify the HR Manager.
Employment
In an effort to ensure consistency and avoid allegations that MNA is providing misleading references, employees are not to act on behalf of MNA by providing employment references or endorsements regarding former or current MNA employees. They may provide a personal reference if asked to do so.
EMPLOYEE BENEFIT PROGRAMS
301 Workers’ Compensation Insurance
MNA provides a comprehensive workers’ compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers’ compensation insurance provides benefits after a short waiting period.
Employees who sustain work-related injuries or illnesses should inform their supervisor as soon as practical within legal requirements. No matter how minor an on-the-job injury may appear, it is important that it be reported. This will enable an eligible employee to qualify for coverage as quickly as possible.
Neither MNA nor the insurance carrier will be liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by MNA.
MNA encourages employees to appear in court for witness duty when subpoenaed to do so.
If an employee has been subpoenaed or otherwise ordered by a court to appear, the employee will receive paid time off for the entire period of witness duty.
The subpoena should be shown to the employee’s supervisor immediately after it is received so that operating requirements can be adjusted where necessary to accommodate the employee’s absence. The employee is expected to report for work whenever the court schedule permits.
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees and their qualified beneficiaries to continue health insurance coverage under MNA’s health plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, death of the employee, a reduction in the employee’s hours, leave of absence, the employee’s divorce or legal separation, or a dependent child no longer meeting eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage at MNA’s group rates plus an administration fee. MNA provides each eligible employee with a written notice describing the rights granted under COBRA when the employee becomes eligible for coverage under MNA’s health insurance plan. The notice contains important information about the employees’ rights and obligations.
Employee
304 Staff Recognition
The MNA Board of Directors wishes to recognize employees for their years of service. Therefore, at five years of service and at every five-year increment after that, the employee will be recognized with a monetary amount equal to $10 per year of employment, payable on the employee’s anniversary date.
A resigning / retiring MNA employee in good standing is entitled to the following:
5 years = $ 50
6-10 years = $100
11-15 years = $150
16-20 years = $200
21-25 years = $250
26+ years = $300
In addition to the above, an employee retiring from MNA who is vested for pension and meets normal retirement age criteria (including Rule of 85) will receive a retirement party (cost not to exceed $500 for room rental, food, etc.) or $500 if a party is not desired.
The retiring employee must notify a member of the Senior Staff of which option they choose. If they opt to have a party and the cost of the party totals less than $500, the balance will be added to their final paycheck.
This policy is subject to change by the MNA Board of Directors.
Employee Benefit Programs
305 Staff Benevolent (Sunshine) Fund
The Benevolent Fund has been established to provide flowers and/or gifts for employees who are celebrating a special event or who have had a death in their immediate family.
Each employee contributes $25 to the fund in January each year.
Criteria:
A. One gift per event
$ 50
B. Flowers/remembrance per funeral $100
C. Flowers/gift for hospitalization or lengthy illness
D. Flowers/gift for employee leaving in good standing and with a minimum of two years of employment
$ 50
$ 50
306 Education Funds to Be Used for Salary Compensation
In accordance with the MNASO contract Section 16, “Education and Employee Development,” MNA employees have a $2000 allotment per year to be used for educational purposes. Funds from this yearly education allotment may be used to compensate the employee for wages lost due to attending an educational activity.
The following are the steps to determine the dollar amount that will be deducted from the employee’s education funds if utilizing this option:
A. Gross hourly wage x number of normal working hours absent = Salary
B. Salary x 7.65% = Employer-paid taxes (FICA and Medicare)
C. Salary + taxes = Amount to be deducted from education funds
Example:
$33.15 x 8 = $265.20 Salary
$265.20 x 7.65% = $ 20.28 Employer-paid taxes
$285.48 Amount to be deducted
The Education Request form must be completed by the employee and approved by their immediate supervisor prior to a scheduled absence.
Employee
307 Time Off to Vote
MNA encourages employees to fulfill their civic responsibilities by participating in elections. Generally, employees are able to find time to vote either before or after their regular work schedules and should make every reasonable effort to do so. However, employees shall be eligible to take the time off from work with pay that may be necessary to appear at the employee’s polling place, cast a ballot, and return to the workplace.
Employees are encouraged to request time off to vote from their supervisors at least two working days prior to the election day so that proper staffing levels can be maintained and so that voting time can be scheduled at a time that is least disruptive to the normal work schedule as per Minnesota Statute §204C.04
TIMEKEEPING & PAYROLL
Timekeeping
/ Payroll
401 Deductions from Pay
The law requires that MNA make certain deductions from every employee’s compensation. Among these are applicable federal, state, and local income taxes. MNA also must deduct Social Security taxes on each employee’s earnings up to a specified limit that is called the Social Security “wage base.” MNA matches the amount of Social Security taxes paid by each employee.
MNA offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs.
Additionally, MNA may be required to make deductions to pay off a debt, loss, or other obligation to MNA (such as a loan to purchase a computer) or to a third party (such as garnishments, liens, or child support orders). In order to reimburse or pay back MNA for the types of debts or losses listed above, employees will be required to sign a payroll deduction authorization form and/or enter into some other sort of payback or reimbursement agreement. Employees leaving employment may be required to sign such authorizations or agreements regardless of the circumstances underlying their separation from employment.
WORK CONDITIONS & HOURS
Work Conditions and Hours
501 Safety
The HR Manager has the responsibility for implementing, administering, monitoring, and evaluating procedures put in place to ensure the safety of all employees, members, and visitors. Everyone at MNA must be involved and committed to safety. This must be a team effort. Together, we can prevent accidents and injuries.
MNA provides information to employees about workplace safety and health issues through new hire orientation, and regular internal communication channels such as supervisor-employee meetings, bulletin board postings, memos, or other written communications.
Safety Suggestions and Concerns:
Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with a supervisor or manager. All reports and concerns can be made without fear of reprisal.
Employee Conduct and Responsibilities:
Employees are expected to perform the functions of their positions safely. No job is so important, nor is any service so urgent that time cannot be taken to perform the work safely. The use of proper safety devices, tools, and equipment, as well as the donning of appropriate clothing and footwear, is essential.
Each employee is expected to take ownership of their surroundings, obey safety rules, and exercise caution in all work activities. This includes being familiar with and observing all rules and policies for health and safety, and preventing injuries while at work. Employees must immediately report any unsafe condition to the appropriate supervisor. In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should notify the HR Manager or the appropriate supervisor as soon as possible. Such reports are necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures.
MNA will make reasonable efforts to make accommodations and find light-duty work for employees who have suffered on-the-job injuries. Where such work is possible, MNA will make sure the work provided stays within the restrictions established by the employee’s doctor. Similarly, employees returning to light-duty positions must agree to work within those restrictions and are forbidden from working beyond them.
Employees who violate safety standards, who cause hazardous or dangerous situations, who work beyond their restrictions, or who fail to report or, where appropriate, remedy such situations may be subject to disciplinary action, up to and including termination of employment.
Medical Emergency:
If a life-threatening medical emergency occurs in the MNA office, call 911 immediately. The 911 operator will give instructions on what you can do for the ill or injured person until help arrives. Do not attempt to drive them to the hospital yourself.
MNA has a defibrillator located outside of conference room 109.
Make sure someone is at the front office door and/or in the parking lot to guide the emergency responders to the building and keep a path clear to the location of the ill or injured person.
Managers have access to each employee’s emergency contact information. Ask one of them to obtain that information and call the contact to notify them of the situation.
Evacuation:
When it becomes necessary to evacuate the building, such as in the event of a fire, gas leak, or other hazardous situation, please let the Receptionist know, and they will sound the emergency alarm and call 911.
Evacuate the building, using the exit door closest to your location. Do not cluster around the building. Go far enough away so any necessary emergency vehicles will have easy access.
Do not return to the building until the all-clear has been given by management.
Receptionist Danger:
As the first person a visitor usually sees, the receptionist may encounter someone who makes them uncomfortable. If the receptionist determines they are in a life-threatening situation, they will press the panic alarm button. This silent signal will immediately alert the Police Department to send someone to our office.
Emergency Closings and Business Shutdowns:
On occasion, it may be necessary for MNA to close for emergencies, extreme weather, or special events that require staff to be out of the office to focus on a particular activity.
Unless management announces an emergency closing or business shutdown, all employees are expected to report to work in a timely manner and in accordance with applicable policies.
The decision to close the office may be made for business or economic reasons. MNA may decide in advance to close the office or start the workday at a later time if particularly dangerous weather is forecasted. If the decision is made in advance, it will be communicated to employees as soon as possible via a message on the main office number and an all-staff email. It will be the responsibility of the employee to check this voicemail and their email. If you are unsure whether MNA is open for business on a particular day, contact your supervisor or the HR Manager.
There are times when inclement weather makes traveling for work purposes dangerous. During these times, staff will be required to work remotely, or the employee may choose to use earned sick and safe time.
When determining whether to issue a remote workday for all staff, the employer will look primarily at school closings in the areas of expected travel and advisories from the National Weather Service and the Minnesota Department of Transportation. When the possibility of
school closures or unsafe travel conditions is predicted for the following day prior to the end of a workday, staff are expected to take their laptops home with them. An employee may also use earned sick and safe time in the event of inclement weather and school closings.
Managers shall not request or require staff to change their established remote workdays as a result of issuing an inclement weather remote workday. The preceding sentence does not waive the requirements of the hybrid work policy to ensure immediate work needs are appropriately met.
While staff are expected to have regular dependent care, when that regular care becomes unavailable due to inclement weather events, staff will be allowed to work remotely while dependents are home without the use of benefit time. During these times, staff shall be kept whole during intermittent interruptions due to dependent needs. All staff shall work with their manager at the start of the day to make a work plan, including potential temporary coverage needs.
Staff that have in-person work or travel requirements in areas away from the metro and are experiencing inclement weather events should reach out to their manager about taking a remote workday. Employees working remotely are required to rearrange their schedules to fulfill their work responsibilities. When modifying the method in which a meeting will take place, the employee must notify the worksite chair(s) and, if necessary, the employer representative. Employees will still be required to perform their duties remotely, e.g., returning phone calls, emails, and attending meetings virtually. Requests for remote workdays due to inclement weather in the staff’s actual geographic areas shall not be unreasonably denied.
Nothing in this section prohibits the employer from sending people home early due to inclement weather during the regular workday, in which case employees shall be kept whole for travel time. If staff are sent home early due to inclement weather, it is expected that they will continue to work remotely unless otherwise stated by the employer or the employee has chosen to use earned sick and safe time.
Staff who cannot work from home for any reason may flex their schedule with the manager’s approval or shall be allowed to use earned sick and safe time or sick/vacation time to keep themselves whole.
Employees on vacation during office closure will still have the day counted against their vacation balance.
Severe Weather:
When severe weather (tornado, severe thunderstorm, etc.) occurs while the office is open, management will encourage all employees to immediately go to one of the designated “safe” rooms. The safe rooms include the restrooms, kitchen, and wellness room.
Work Conditions and Hours
502 Computers, Cell Phones, Mobile Devices, Internet, and Email Usage
Computers, cell phones, mobile devices, email, and internet access are provided by MNA to assist employees in completing their work, improving their efficiency, and obtaining workrelated data and technology. The following guidelines have been established to help ensure responsible and productive usage.
During office business hours (8:15 a.m. - 4:30 p.m. Monday – Friday), calls for Unit 2 staff going to the main office line will be forwarded to their MNA-provided cell phone, except when an alternate approved coverage plan has been established. It is expected that staff will respond to calls within 48 hours of receiving calls made during the normal business week. Staff should be sensitive to the schedules of the MNA membership which may not correspond to MNA’s normal business week. Cases of emergency may arise outside of MNA’s normal business week, in which case staff are expected, when available, to respond as soon as possible or within a 48hour period. MNA cell phone numbers should be provided to the membership as a method of communication. They will be included on the business cards of all Unit 2 staff.
Computers, cell phones, and other mobile devices provided by MNA (including the email system, internet access, computer files, and software furnished to employees) are the property of MNA and are intended for business use. As such, employees have no right to privacy for any information or uses to which they may put the computers, cell phones, and mobile devices (including the email system, instant messaging systems, internet access, remote access, computer files, and software furnished to employees) that MNA has provided to them. Similarly, MNA reserves the right to monitor any and all uses to which our equipment, networks, or resources may be put, regardless of whether the use is personal in nature or occurs during nonwork time. Employees with MNA-provided equipment are required to use a passcode to protect their mobile devices in the event they are lost or stolen.
While computer, cell phone, and mobile device usage (including email and internet access) are intended for job-related activities, incidental and occasional brief personal use may be permitted within reasonable limits. However, where possible, such use should be confined to non-working times such as lunch or before or after work and should not interfere with an employee’s job performance.
Employees must comply with any and all potentially applicable laws (e.g., industry regulations, harassment laws, copyright restrictions, contractual obligations or restrictions, etc.) every time they use MNA’s computer networks, systems, or equipment for any purpose, as well as during any times they may be using their own personal computer networks, systems, or equipment in ways that may directly or indirectly be associated with MNA.
Prohibited Usage:
MNA email may not be used to solicit others for commercial ventures, religious or political causes, outside organizations, or other non-business matters. If an employee wishes to share a charity or solidarity request with all staff that is not directly related to MNA business, they shall
request permission from their manager prior to doing so. This section does not prohibit MNASO members from using MNA email for union-related activities.
MNA purchases and licenses the use of various computer software programs for business purposes and does not necessarily own the copyright to this software or its related documentation. Unless authorized by the software developer, MNA does not have the right to reproduce such software for use on more than one computer. Employees may only use software on local area networks or multiple machines according to the software license agreement. MNA prohibits the illegal duplication of software and its related documentation.
The unauthorized use, installation, copying, or distribution of copyrighted, trademarked, or patented material on the internet is expressly prohibited. As a general rule, if an employee did not create the material, does not own the rights to it, or has not obtained authorization for its use, it should not be put on the internet or transmitted through the email system.
Employees should take all anti-virus precautions available to them and prescribed by MNA. Employees should not attempt to bypass or disable any anti-virus precautions installed on MNA computers.
Similarly, when receiving emails, employees should encourage members, vendors, and others to send any confidential, sensitive, and/or proprietary information using appropriate safeguards, including encryption or secure email methods.
Examples of prohibited behavior include:
Sending or posting discriminatory, harassing, or threatening messages or images
Using the organization’s computers, cell phones, or mobile devices for personal gain
Using or disclosing someone else’s code or password without authorization
Sending or posting confidential material, trade secrets, or proprietary information outside of the organization (such information includes, but is not limited to, non-public information, MNA’s internal documents, memorandums, announcements, financial information, organizing and member lists, pricing and preferences, see Section 111 Confidentiality and Non-Disclosure for more detailed information)
Failing to observe licensing agreements
Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted internet services and transmissions
Viewing or exchanging pornography or obscene materials
Sending or posting messages that defame or slander other individuals
Attempting to access the computer system of another organization or individual without their authorization or the authorization of management
Refusing to cooperate with or obstructing a security investigation
Using MNA equipment for gambling of any sort
Using company-provided email addresses or website addresses to register for any nonMNA business-related social networking website, mailing list, or online shopping account, without prior written approval
Jeopardizing the security of the organization’s electronic communications systems
Using MNA equipment for the purpose of seeking other employment or preparing or posting a resume
Loading personal software without permission
Engaging in any other illegal activities
Engaging in any other equipment-related activity determined by MNA to be inappropriate or unacceptable.
Employees may not alter, deface, duplicate, or modify equipment issued by MNA. This includes adding stickers to laptops, making copies of keys, or adding unauthorized software to computers and phones. If an employee has added stickers to their laptop, the employee is responsible for removing the stickers within thirty (30) days in a method that is approved by MNA.
Consequences for Policy Violations:
Abuse of the computer, cell phone, mobile device, internet, and email system access provided by MNA may result in disciplinary action, up to and including termination of employment. Employees may also be held personally liable for any violations of this policy. Employees should notify their immediate supervisor or any member of management upon learning of violations of this policy.
The equipment and technology provided to MNA employees remain at all times the property of MNA. To ensure compliance with this policy, MNA reserves the right to monitor internet traffic and retrieve and read any data composed, sent, or received through our computers and stored in our computer system. All data that is composed, transmitted, or received via our computer system is part of the official records of MNA and, as such, is subject to disclosure to law enforcement or other third parties.
Nothing in this policy is intended to prevent employees from engaging in concerted activity protected by law.
Work Conditions and Hours
503 Unit 1 MNA Cell Phone Usage
The purpose of providing an MNA cell phone to Unit 1 staff is to provide an additional means for MNA staff and members to communicate with them during times of high work volume.
During normal business hours (8:15 a.m. – 4:30 p.m.) or periods of scheduled on-call or travel time, Unit 1 staff should always have this phone with them in order to be contacted. It is not the expectation that Unit 1 staff need to check the phone or respond to texts, emails, or calls outside of normal business hours unless pre-approved by their immediate supervisor or their designee.
Unit 1 staff are permitted to respond to texts, emails, or phone calls outside of normal business hours on their own accord, but they will not be compensated for that time without prior approval.
Unit 2 staff and members are expected to respect the boundaries of Unit 1 staff’s working hours.
Work Conditions and Hours
504 Social Networking Websites and Online Communications
Social networking sites, including but not limited to Facebook, YouTube, Twitter, LinkedIn, and online journals and blogs, present unique opportunities for employees to communicate with friends, family, colleagues, and the general public. However, these websites also pose a significant risk of distracting employees, reducing productivity, and wasting company resources when access occurs during working time and is not related to furthering the mission of the organization.
To the extent employees access these sites during non-work time, employees should keep in mind that the information on such sites is posted in a global forum and, therefore, there is no guarantee of privacy or the ability to restrict receipt of posted information. Accordingly, employees should exercise the same judgment and discretion in posting to social networking sites as they would when engaging in any conduct in a non-private setting. Employees must also understand that they are solely responsible for what they post or endorse online.
Employees are permitted to network with professional networking websites such as LinkedIn, but employees are required to exercise professional judgment when communicating on these professional networking websites and must comply with all of MNA’s policies when doing so.
Nothing in this policy prohibits employees from exercising any legal right under any state or federal law, nor will employees be subject to discipline for any posts that are legally protected. However, employees should be aware that not all posts to a personal social networking site outside of work time are entitled to legal protection.
Employees who believe they have been the subject of online harassment or bullying should notify the HR Manager or any member of management upon learning of violations of this policy without fear of reprisal or retaliation.
MNA employees, as part of their job, may be required to have MNA social media accounts and engage with Official MNA social media sites. These employees include but may not be limited to Labor Relations Specialists, Organizers, and Communications Specialists.
Staff are free to network online with MNA members or contacts at their own discretion. If staff receive such connection requests from MNA members or contacts, they should not feel compelled to accept such requests. MNA shall not request or require access to staff social media passwords, direct messages, or backend access to any activity on personal profiles, with the exception that MNA may request direct messages that are related to an active investigation.
Upon separation of employment by MNA, any professional accounts must be deleted and access to both personal and professional accounts will be removed from the Official MNA social media sites. Former employees who are bargaining unit members will have member-level access to their appropriate MNA social media sites.
All posts and comments that staff make on Official MNA social media sites are in effect representing MNA in an official capacity. Any content not submitted by an employee of MNA is the responsibility of the submitter and does not imply endorsement by MNA, staff, or organization management. MNA reserves the right to remove or delete any content that violates the MNA Board policy on social media. When such content is moderated, the acting moderator shall notify the maker of the violative content of the action taken, citing the specific reason for the content being moderated. MNA staff shall not be expected or required to monitor, engage with, or mitigate any member social media content outside of official MNA social media spaces.
This policy is intended to be a safeguard, with an understanding that not every incident will be caught. MNA staff will not be required or expected to interact with any social media posts, comments, messages, or content where a staff member doing so could arguably implicate them in interfering in the bargaining unit or Association business; the staff member’s judgment shall be sufficient on what constitutes a scenario in which staff interaction could prompt such an accusation of interfering in the bargaining unit or Association business. In instances such as this, the staff member will consult with their direct supervisor to make the final determination on the best course of action.
Staff shall check in with their social media assignments to the extent that is reasonable based on the level of engagement on the site. MNA Staff are expected to monitor direct messages on a regular basis. Any hidden in boxes or message requests should be reviewed for messages or message requests at least every other week. Response time when tagged on social media sites shall abide by Operating Policy 502 - Computers, Cell Phones, Mobile Devices, Internet, and Email Usage, and the timelines within the Operating Policy – Time Off Calendar and Coverage Process. To cover staff absences, MNA management may assign temporary moderator(s) to highly active social media spaces if it is determined that such temporary coverage is necessary. Whenever staff will be away from work (vacation or other type of leave), staff shall notify the MNA member moderator(s) that they will not be able to respond to social media communications while on vacation/leave, and either post, or ask the member moderator to post, that all questions should be directed to the Chairperson(s) or designee during the staff’s absence.
Facebook:
“Moderation,” as it pertains to Facebook, includes responding to content, removing or deleting content which is in violation of the MNA Board policy on social media, and/or turning off commenting on any post which does not violate Board policy but has generated a discussion in which many responses do violate Board policy. MNA will establish official MNA Bargaining Unit Facebook pages for Association business. If required, MNA staff shall either create their own professional profiles or use their personal profile for engaging with Official MNA Facebook pages. The Labor Rep assigned to a bargaining unit will be invited to join their Official Bargaining Unit Facebook page(s) as a moderator. MNA staff may also be assigned to engage with other MNA Facebook pages or groups. MNA staff are prohibited from censoring content on the Bargaining Unit Facebook pages that does not violate MNA’s official Board policy on social media. Content which violates the policy should be brought to the attention of the member leader moderator(s) and MNA management as soon as a policy violation has been suspected. If it is verified that a violation of the policy has occurred, staff moderators will seek direction from MNA management on how to proceed before asking member moderators to moderate the
content. If the member moderator(s) are unreachable, if they are the creators of the violative content, or if they refuse to remove it, MNA Staff moderators, per the direction of MNA management, will be responsible for doing so. At MNA staff discretion, staff may immediately moderate content so egregious or detrimental to the Association that they believe immediate action is necessary. Staff are expected to utilize independent judgment; however, there may be times when they are unclear. Staff who choose to immediately check in with a manager in these circumstances shall not be disciplined for not acting prior to consulting with their manager. The acting moderator shall notify the other moderators and the creator of the violative content of the action taken, citing the specific reason for the content being moderated. While staff are allowed to belong to and participate in unofficial Bargaining Unit Facebook pages, they are not permitted to post MNA business on an unofficial page. All MNA business must be posted on official pages. If being asked a question about official MNA business on an unofficial page, staff can respond that the answer will be posted on the Official MNA Bargaining Unit Facebook page or will be addressed offline in another manner when appropriate.
Work Conditions and Hours
505 Children in the Workplace Policy
Employees are welcome to bring their children to visit their worksite, provided that the visits are infrequent, brief in length, and planned in a fashion that limits disruption to the workplace. This policy is not to be utilized as a backup childcare arrangement. While children are in the workplace, they must always be directly supervised by the host/parent. If the frequency, length, or nature of visits becomes problematic, the employee will be advised of the situation and will be expected to take corrective action.
Employees are not permitted to bring ill children to work.
Work Conditions and Hours
506 Smoking and Tobacco Products
Tobacco:
In keeping with MNA’s intent to provide a safe and healthy work environment, smoking is prohibited throughout the workplace. This policy also applies to e-cigarettes and similar products.
Employees who smoke will not be permitted any greater number of breaks than those who do not. As a result, such employees should only smoke before or after work or during designated breaks or meal periods. In doing so, employees must confine their use to designated smoking areas, which, in turn, must be kept clean, presentable, and well-maintained. The smoking area shall be restricted to the rear of the building, on the patio, or 20’ from all entrances.
Employees who use smokeless tobacco products must confine “spitting” to their office and dispose of their spittoon at the end of each day.
This policy applies equally to all locations where work may be performed, and if a location has stricter smoking restrictions than those outlined in this policy, employees will be expected to comply with the location’s restrictions. This policy also applies to members, vendors, and visitors.
Marijuana/Cannabis:
MNA employees are prohibited from the use of marijuana/Cannabis in any form while in the performance of their duties.
Work Conditions and Hours 507 Breaks for Breastfeeding
MNA respects the rights of individuals who choose to breastfeed and will provide reasonable break time each day to employees who need to express breast milk. Employees who need to express milk will be provided with a location (other than a bathroom or toilet stall) that has an electric outlet and is shielded from view and free from intrusion where they may express milk in privacy.
This policy may not apply when employees are not at the MNA office, since MNA will have no ability to control the availability of private and secure locations for the expression of breast milk. MNA will provide reasonable daily break time for those who need to express breast milk when working off-site.
To ensure all employees who need to express milk may be accommodated under this policy, employees must contact their immediate supervisor to make the necessary arrangements.
Work Conditions and Hours
508 Business Expenses
Expenses: Staff are required to spend wisely with the overall objectives of the union in mind, with the highest ethical standards, and treat union property responsibly. Staff may be required to sign off on member expense forms, member stipends, purchase food, or pay for other miscellaneous business expenses. If a staff member believes an expense may exceed two hundred dollars ($200), the staff member must have approval from their director before committing MNA to the expense.
MNA will reimburse employees for reasonable business expenses incurred in connection with the performance of their duties.
A. Staff expenses should be kept to the minimum necessary to carry out the work of the union. When making travel arrangements, all staff are expected to use the financial resources of the union wisely.
Expenses that generally will be reimbursed include the following:
Air or train fare in coach or economy class at the lowest available rate for the date and time of travel.
Business mileage for use of personal automobiles at the prevailing IRS rate.
Reasonable lodging expenses.
Cost of business meals, including reasonable tips.
Transportation costs and parking fees.
Rental cars may be utilized instead of personal cars or taxis if it proves to be less costly.
1. Air Travel :
Whenever practical, meetings should be conducted via video conference to avoid travel expenses.
If possible, flight reservations should be made at least fourteen days (14) in advance to ensure the lowest fares.
If a staff member believes air travel to be more reasonable for longer distances, air travel may be considered, but pre-approval by the Director is necessary.
Baggage Fees: MNA will reimburse employees for additional baggage fees charged by the airline with a receipt if the employee is: 1) asked to carry work-related supplies or equipment, 2) the employee is on assignment for more than two nights. MNA will not be responsible for overage fees for heavy baggage.
2. Lodging: Staff are permitted to obtain lodging in the performance of their duties when,
When a staff member is more than an hour from home, and roads are closed, or weather conditions make driving back to their residence from a worksite could result in a dangerous driving situation.
When work needs require arrival before 8:00 am or extend beyond 8:00 pm, and the location is at least one (1) hour from the employee’s home office/residence.
Attendance at an event where lodging is required as predetermined by MNA management, e.g., a convention.
When a workday exceeds 14 hours straight, and the location is at least one (1) hour from the employee’s home office/residence, and the employee reasonably believes it is unsafe to travel due to exhaustion.
Staff members are responsible for checking out of hotel rooms when they leave and obtaining a receipt for the days the employee stayed at the hotel; this is required whether or not the employee will be reimbursed or if prepaid by MNA. Repeatedly failing to obtain a receipt is unacceptable and may constitute a corrective action being issued.
B. Any other business expense not identified above may be reimbursed upon approval by the immediate supervisor.
C. Receipts, including payment and itemized receipts, and supporting documentation of reimbursable expenses are required in accordance with IRS and Department of Labor requirements.
D. Alcoholic beverages are not reimbursable.
E. If meals for a group are being paid for by an MNA employee, the purpose of the meeting and the name of each person in attendance shall be written on the meal receipt. If the group consists of more than five people, a notation regarding the purpose of the meeting shall suffice.
F. Employees should contact their supervisor for guidance and assistance with procedures related to travel arrangements, lodging reservations, expense reports, or reimbursement for any other business-related expenses.
G. Employees who are provided with an MNA credit card must properly document, as stated above, all expenses charged on the card. Misuse or failure to properly document expenses in a timely manner will result in termination of the credit card.
H. Employees should submit expense reports within 60 days of incurring an expense, and the reports must be accompanied by itemized receipts for all individual expenses, except when receipts are unavailable.
I. Failure to follow this policy or falsifying expense reports to reflect costs not incurred by the employee can be grounds for disciplinary action, up to and including termination of employment in accordance with the MNASO contract provisions.
Reimbursements for business expenses will normally be available to the employee by the end of the workweek.
Employees traveling for business purposes can be accompanied by family, a spouse, or a significant other, so long as the presence of any such individuals does not interfere with the
accomplishment of the business purposes underlying the trip. Employees will also be responsible for any costs associated with any such travel companions. Employees who are involved in an accident while traveling on business must promptly report the incident to their immediate supervisor. Vehicles owned, leased, or rented by MNA may not be used for personal use without prior approval.
For additional information, see Section 17 of the MNASO Collective Bargaining Agreement.
Working Conditions and Hours
509 Visitors in the Workplace
Only authorized visitors wearing MNA guest badges are allowed in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures the security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances.
All visitors should enter MNA through the main entrance. Authorized visitors will receive directions or be escorted to their destination. While MNA does not prohibit personal visitors such as friends or family, MNA expects that such visits are infrequent and limited in duration. Employees are responsible for the conduct and safety of their visitors and are not to let the presence of a visitor interfere with the performance of work. Pets other than service dogs are not allowed in the MNA office.
If an unauthorized individual is observed on MNA’s premises, employees should immediately notify their supervisors or, if necessary, escort the individual to the reception area.
Work Conditions and Hours
510 Use of MNA’s Facility
The primary use of the MNA office is to carry out the business of the Union in support of the MNA members. Therefore, non-MNA-related personal activities such as baby showers, jewelry parties, etc., will not be allowed. Entities with which MNA has a business relationship will be able to use the MNA office space. Please refer to the Outside Groups Process and the Outside Groups Form/Terms documents for specific details. MNA’s Events & Member Benefits Specialist coordinates this work, and therefore, any requests should be routed through them.
Work Conditions and Hours
511
Workplace Monitoring for Cause
Workplace monitoring may be conducted by MNA to ensure quality control, employee safety, security, and member satisfaction.
MNA may conduct video surveillance of non-private workplace areas. Video monitoring is used to identify safety concerns, maintain quality control, detect theft and misconduct, and discourage or prevent acts of harassment and workplace violence.
Because MNA is sensitive to the understandable privacy expectations of employees, reasonable efforts will be made to guarantee that workplace monitoring is done ethically and respectfully.
Work Conditions and Hours
512 Workroom Guidelines
All large work projects must go through an Administrative Assistant to ensure coordination between the Administrative Assistant and the Office Operations Assistant.
All mailings, projects, etc. must go through the workroom to ensure that we have the supplies to complete the project, that the copy machines are being used appropriately, and that work is prioritized so everything can be done efficiently and effectively.
Any request for printing to be made by an outside vendor must be approved by your immediate supervisor before such printing occurs.
Work orders must be given in a reasonable amount of time to complete. Check with the Office Operations Assistant to determine the workload.
Most print jobs should be sent to a network printer outside the workroom.
If there is a need to print in the workroom, you must check with the Office Operations Assistant before sending a print job to ensure they are not in the middle of a project.
All mailings over 1000 must go to our outside mailing house. This will require additional time to complete. Certain exceptions may apply. The decision will be made by the Office Operations Assistant.
When using the copiers in the workroom, do not leave machines unattended. If need be, leave the copying for the Office Operations Assistant to ensure the machines do not jam, run out of paper, etc., so workroom operations run smoothly.
Advise the Office Operations Assistant when taking the last of the office supplies.
Work Conditions and Hours
513 Requesting and Approving of In Lieu Time
An employee requested in-lieu a week or more in advance: If you are requesting in lieu time at least one week or more in advance, send your request via email to your immediate supervisor as soon as the need arises.
Include what you will be working on, the date you plan to work to earn the in-lieu time, and the number of hours you expect to work.
Copy the Human Resource Manager in your email.
Your supervisor will respond to let you know if the request is granted.
An employee requested in-lieu with less than a week's notice:
If you are requesting approval for in-lieu time with less than a week's notice, send your request via email to your immediate supervisor as soon as you learn about the work.
Include what you will be working on, the date you plan to work to earn the in-lieu time, and the number of hours you expect to work.
Copy the Human Resource Manager in your email.
Your supervisor will respond to let you know if the request is granted
For mandatory weekend work assigned by management:
The Director, Manager, or immediate supervisor will email the staff member(s) who are required to work in lieu time and what project to work on.
The date and hours will be stated clearly.
The Human Resource Manager will be copied on the email.
Taking Approved In-Lieu Time:
It is required that you notify your manager and the Human Resource Manager when you utilize the in-lieu hours.
Use a calendar invitation to provide this notification to your immediate supervisor and Human Resource Manager.
Work Conditions and Hours
514 Sustainability Policy
MNA supports environmental awareness by encouraging recycling and waste management in its business practices and operating procedures. Recycling also has financial benefits, as minimizing wasted material can help us save money. As a result, MNA is committed to purchasing, using, and disposing of products and materials in a manner that will best utilize natural resources and minimize waste.
Special recycling receptacles have been set up to promote the separation and collection of recyclable and organic materials.
MNA requests that employees discard these items in the appropriate receptacles while in the office:
Organics Recycling (Green Bins)
o Food Scraps
o Napkins
Recycling (Blue Bins)
o Paper
o Aluminum Cans
o Plastic Bottles
o Cardboard
Beyond these items, when in doubt, please simply throw it in the Trash. Contaminating bins with the wrong items will likely cause that entire container to go straight to Trash, undoing the good work of others to properly sort.
Additionally, MNA encourages reducing and, when possible, eliminating the use of disposable products, since source reduction decreases the consumption of valuable resources. Similarly, employees of MNA are encouraged to purchase products for the workplace that contain recycled or easily recyclable materials and avoid plastic or Styrofoam when possible.
MNA encourages the prioritization of caterers that provide recyclable and/or compostable service ware, including plates/boxes, cutlery, bags, cups, etc. If selected caterers do not have compostable items, use the ones provided in the office. For example, skip cutlery and use the ones provided which are compostable.
If you have any questions or new ideas and suggestions for the recycling program, contact the Director of Operations.
Beyond the basics of standard recycling, energy conservation and reduction of harmful contributions to the environment are priorities.
Please turn o¯ all lights and equipment when not in use.
Make every e¯ort to avoid microplastic or any other harmful chemicals or Per- and polyfluoroalkyl substances (PFAS) ( https://www.epa.gov/pfas/pfas-explained ).
Work Conditions and Hours
515
Document Retention and Destruction
Purpose and Scope:
This Document Retention and Destruction Policy is designed to ensure that MNA retains records in its files as long as is consistent with law and with the needs of the organization and destroys records when retention is no longer necessary or consistent with efficient operations. The policy applies to all records, documents, and data in MNA’s files, whether kept on paper or maintained electronically.
Document Retention:
Records, documents, and data in the categories below, as well as substantially similar documents, are to be retained in MNA’s files for the length of time indicated, after which they are to be destroyed.
DOCUMENT(S)
Legal and o rganiz ational documents, including the MNA Bylaws and any amendments thereto
DURATION OF RETENTION
Permanently Minutes, transc ripts, and other records of the official proceedings of MNA governing bodies, including the MNA Board of Directors, E and GW Commission, and House of Delegates
Permanently Official reports b y MNA officers
Permanently Submiss ions to and correspondence with an y government agencies, including with the IRS and any other tax authorities, and with the U.S. Department of Labor. (This includes LM-2s and other LM filings. This does not include W-2s, W-4s or 1099s filed with the IRS -- see below. )
Tax records
Materials related to the negotiation and enforcement of collective bargaining agreements, NLRB certifications, contract proposals, bargaining notes, arbitration awards, and member pension plans
Grievance/arbitration files
Permanently
Permanently
Permanently
Permanently
Membership records of any disciplinary proceedings Permanently
The Minnesota Nursing Accent - one copy of each Permanently
Insurance policies Permanently
DOCUMENT(S)
Property records and fixed asset records, includi ng deeds, titles, mortgages, and leases
Audit reports
Ledgers
Copyrights and trademarks
Materials of historic value
Payroll records for MNA staff
Legislative files
Loan records
Documents related to c onventions/conferences
(other than the record of official proceedings of MNA governing bodies, which are to be retained permanentl y, see above )
Check-off authorization records
DURATION OF RETENTION
Permanently
Permanently
Permanently
Permanently
Permanently
To be retained ten (10) years
To be retained ten (10) years
To be retained ten (10) years
To be retained seven (7) years
To be retained seven (7) years
Financial Records and Reports
Receipts and disbursement journals
Payables
Invoices
Expense statements
Cancelled checks and check stubs
Bank statements, bank records, and bank deposit slips
Dues collection receipts
Employer check-off statements
Per capita tax reports
Contracts with vendors and vendor invoices
Credit card statements and itemized receipts for credit card charges
Internal union financial reports and statements
Accountants’ work papers
Petty cash records
Software used for financial recordkeeping
Vouchers for union expenses
W-2s, W-4s, and 1099 forms
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
DOCUMENT(S)
DURATION OF RETENTION
Note : If any of the financial records in the categories above are used for the preparation of a financial report required by the U.S. Department of Labor, such as an LM-2, the records shall be retained no less than five years after the filing date or due date of the report, whichever is later.
Employment records for MNA staff, including personnel files, evaluations, discipline, and pay and benefit records
Employment applications for individuals not hired
Records relating to pension and health plans
NLRB and EEOC charges and records
Documents related to an organizing campaign, including representation petitions
Litigation records
Workers’ compensation records
Contracts (other than collective bargaining agreements)
Leases
Insurance documents (but insurance policies are to be retained permanently, see above)
Documents relating to i nternal charges , grievances and complaints
To be retained for seven (7) years after the end of the employee’s employment
To be retained for three (3) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
To be retained seven (7) years
All Records of Elections of MNA Officers and Directors
Membership and eligibility lists
Copies of nomination and election notices
Voting instructions
Return envelopes
Marked, challenged, and unused ballots
Tally sheets
To be retained for one (1) year
To be retained for one (1) year
To be retained for one (1) year
To be retained for one (1) year
To be retained for one (1) year
To be retained for one (1) year
Note : The election records in the category above shall in no event be retained for less than one year after the election to which they pertain.
All records, documents and data in MNA’s files that do not fall into any of the above categories, including general correspondence
To be retained for three (3) years
Documents Relevant to Pending or Probable Lawsuits or Government Investigations:
Regardless of anything to the contrary in this policy, all documents, records, and data relevant to pending or probable lawsuits or government investigations, including electronic documents such as e-mail, shall be preserved until it is determined by counsel that they may be destroyed. Upon receiving notice of any such litigation or investigation, MNA’s Executive Director shall take prompt steps to ensure that all relevant documents are preserved.
Document Destruction:
Within a reasonable time following the expiration of their retention period, records, documents, and data are to be destroyed unless the Executive Director, with the consent of the Board of Directors, determines that such destruction would not be in the best interest of the organization. MNA’s Executive Director shall be responsible for periodically identifying which records have satisfied the required retention period and overseeing their destruction. Destruction of financial and personnel-related documents shall be accomplished by shredding or an equivalent process. A record of which files are destroyed and when will be kept.
Emergency Planning:
MNA’s paper records will be stored in a safe and secure manner. MNA’s electronic data shall be duplicated or backed up every day and maintained offsite.
Compliance:
The Executive Director shall be responsible for ensuring compliance with this policy and shall periodically review the policy to ensure that it is in compliance with applicable law and continues to serve the needs and goals of MNA.
Work Conditions and Hours
516 File Maintenance in the Labor Department
The purpose of this policy is to:
A. Outline the procedures to be used to maintain a file system for retrievable information necessary for the continuity of representation of each bargaining unit;
B. Maintain documentation of MNA’s meeting its legally required obligations to bargaining units and individual bargaining unit members; and
C. Minimize the filing and storage of unnecessary materials.
Unit 1 employees are responsible for maintaining the official filing system. They will file final copies of all correspondence and other materials they prepare. Unit 2 staff are responsible for providing the Unit 1 staff with all other necessary materials for filing. Files and other information kept in individual employee offices should only be what is necessary for current work projects.
The following are the current file systems:
1. A. MNA Concern for Safe Staffing (CFSS) forms
These forms are stored in an electronic database that is maintained by the Administrative Assistant to the Communications Department. Upon submission of the online form, copies are automatically emailed to the Chairpersons and Labor Relations Specialist representing the facility.
B. Assignment Despite Objection (ADO) forms
MNA’s Concern for Safe Staffing forms will sunset in 2025, being replaced with the Assignment Despite Objection forms. These forms are stored in an electronic database that is maintained by the Administrative Assistant to the Communications Department. Upon submission of the online form, copies are automatically emailed to the Chairpersons, Employer, and Labor Relations Specialist representing the facility.
2. Grievances:
Both active and closed grievances are stored in UnionWare. Only information and data essential to understanding the grievance and its resolution should be kept in the file. Make the file as small as possible while still retaining the necessary information. Examples of documents not necessary to be retained include:
A. Full copies of the grievant’s personnel file, unless the probability of future discipline exists. These may be returned to the grievant or shredded.
B. Raw copies of supporting data, especially those from sources outside the employer.
C. Handwritten notes that are not legible to others.
D. Copies of patient charts.
Grievance correspondence should be scanned and filed on the Z drive as well as in UnionWare. Shred the originals.
3. Individual Facility Files:
Electronic Files: Starting in 2015, the individual facility files will be kept electronically by year in the Z drive under the Labor folder in MNA Documents unless otherwise described in this
document. Administrative Assistants file copies of all correspondence and other materials here.
Materials to be retained electronically include:
a. Non-grievance-specific correspondence. File in the Z drive (work location documents) and UnionWare (member record documents). Shred the originals.
b. Bargaining Unit Guidelines
c. Clarifications, certifications, closures, decertification. File in the Z drive and UnionWare (work location documents tab).
d. When a new contract is finalized, the previous contract will be archived on the Z drive. The new contract will be saved to the Z drive and posted to the Member Portal. Hard copies of the new contract booklet will be stored in the Workroom.
e. Ratified tentative agreements. File on the Z drive and post to the Member Portal.
f. Bargaining fliers. File on the Z drive and post to the Member Portal.
g. Bargaining updates. File on the Z drive and post to the Member Portal.
h. Bargaining unit newsletters. File on the Z drive and post to the Member Portal.
i. Minutes of Labor Management Committee meetings. Include attachments only if they document the final outcome of discussion on an issue. Shred originals.
j. Minutes of MNA Steward meetings. Meeting notices do not need to be in the permanent electronic file. Shred originals.
k. Summary documentation of layoffs and the layoff procedure. Shred originals.
l. Seniority lists. These should be given to the Membership Department to file in UnionWare.
Hard copy files:
These are kept in the file cabinets for approximately three years. Files older than three years are stored off-site. If these files are needed, ask the Office Operations Assistant to retrieve them.
The following hard copy materials will be filed:
A. Blue backed copies of the collective bargaining agreement
B. Drafts of contract language exchanged during negotiations
C. Employer proposals (documentation should include the date the proposal was dropped)
D. Union proposals (documentation should include the date the proposal was dropped)
E. Counterproposals (documentation should include the date the proposal was dropped)
F. Historical collective bargaining agreements
G. Tentative Agreements
H. Tracking on the progress of negotiations
I. Policies and procedures if they give guidance to understanding and application of the collective bargaining agreement
J. Bargaining notes, if legible
K. Minutes from interest-based bargaining
L. Facility-specific data if of potential use in future negotiations
M. Ratification materials
N. Requests for information
O. Employer communications to members if related to bargaining
P. Documentation of negotiations on interim issues, e.g., bonus programs
R. Materials related to elections must be kept for one year and then shredded. These materials include:
1. Membership and eligibility lists
2. Nomination and election notices
3. Voting instructions
4. Return envelopes
5. Marked, challenged, and unused ballots
6. Tally sheets
4. Unfair Labor Practice (ULP) Documents :
The Administrative Assistants supporting the Labor Department are responsible for the processing and internal filing of these documents. The file name should contain the entire ULP case number. The ULP documents are stored in both hard copy and electronic facility files. An unfair labor practice related to an active grievance must also be saved to the grievance record in UnionWare.
5. Arbitrations:
The packet submitted to the Arbitration Review Panel is saved to the grievance record in UnionWare. Hard copies are shredded when the grievance is resolved.
Once the arbitration award is received, a binder is prepared containing the following hard copy arbitration documents:
A. Exhibits introduced (electronic copies are saved on the grievance documents tab in UnionWare)
B. Notes taken during arbitration (electronic copies are not usually saved, but can be saved to the grievance record if they are legible and useful)
C. Post-hearing briefs (also saved electronically in UnionWare under the Post-Hearing Brief Progress Action)
D. The arbitration award (electronic copy saved to the Z drive and the grievance record in UnionWare)
A hard copy of the award is also placed in a general Arbitration Award binder, which contains an index of all arbitration awards. This index is maintained by the Lead Administrative Assistant supporting the Labor Department and is also filed on the Z drive.
6. Workers’ Compensation First Reports
of
Injury: Entered into a database.
Work
Conditions and Hours
517
Schedule Policy
The operating days and hours of MNA are normally Monday through Friday, 8:15 a.m. to 4:30 p.m. All Unit 1 employees are expected to work during their scheduled work hours unless approval is granted for a temporary flexible work schedule (flextime).
Flextime at MNA is a work schedule with time of arrival and departure that differs from the employee’s normal work schedule. For example, an employee whose typical schedule is 8:00 a.m. – 4:30 p.m. may request a temporary flextime arrangement of 9:00 a.m. – 5:30 p.m.
Supervisors will approve flextime on a case-by-case basis. Full-time employees who have completed at least six (6) months of employment are eligible for flextime. The employee must first discuss possible flextime arrangements with their supervisor and then reduce the request to writing, submit it to their manager, and copy the director in their department. The manager will approve or deny the flextime request based on staffing needs, the employee’s job duties, the employee’s work record, and the employee’s ability to temporarily or permanently return to a standard work schedule when needed.
A flextime arrangement may be suspended or canceled at any time. Non-exempt employees may be asked to work overtime regardless of a flextime schedule. Exempt employees must depart from any flextime schedule to meet their job expectations. Exempt employees must note on their calendar all flextime hours before actually working a flex schedule.
Work Conditions and Hours 518 Outlook Calendars
During the normal course of work, MNA staff schedule appointments and review coworkers’ calendars to create calendar invites for meetings. To ensure that conflicts do not arise with the employees’ calendars when making these appointments, all employees are required to keep their calendars up to date, shared, and reflect their current work schedule.
Employees are encouraged to include office time, travel time, and administrative work needs on their calendars. Employees may include private appointments on their work calendars that are personal in nature. These personal appointments must be kept to a minimum and not disrupt an MNA employee from scheduling MNA appointments. Some exceptions may be made with the approval of their manager. All pending/approved time off (private or public) may be entered into the employees' Outlook calendar.
Work Conditions and Hours
519 Artificial Intelligence (AI)
Artificial Intelligence tools, or “AI”, are tools that “use algorithms, data, and computational power to perform tasks that typically require human intelligence.” AI tools are rapidly proliferating and evolving, and caution should be exercised when using AI tools to process organizational data. AI tools learn from the data that is shared with them, so there are potential privacy risks to using these tools, and you should be careful about what data you give them access to. Additionally, AI is not immune from “hallucinations” which can generate factually inaccurate output.
Guidance continues to be developed as new use cases emerge, but here are some standard “rules of the road”:
MNA staff shall not use AI meeting tools to record conversations.
No member personal information or strategic information shall be put into an AI tool (e.g., Member names, phone numbers, job details, bargaining strategy, etc.).
Only use organization-pre-approved AI tools in accordance with their intended use. Preapproved tools can be identified by Director of Data and Technology and will be listed in this policy.
AI shall not be used to generate contract language or materials for arbitrations or grievance proceedings.
AI shall not be used to generate images or designs unless authorized by the Manager/Director who oversees the Communications Department.
AI shall not be used to alter photos or videos of members' persons without their written consent.
Any materials generated by AI shall be fact-checked by an MNA staff member for accuracy and completeness.
LEAVES OF ABSENCE
Leaves of Absence
601 Family and Medical Leave
A. General Provisions:
It is the policy of MNA to grant up to 12 weeks (or 26 weeks if leave is taken to provide care for a qualifying family member injured during active military service) of family and medical leave during any 12-month period to eligible employees in accordance with the Family and Medical Leave Act (FMLA). This leave runs concurrently with any sick leave in the MNASO contract.
B. Eligibility:
In order to qualify to take family and medical leave under this policy, the employee must meet all of the following conditions:
1. The employee must have worked for MNA at least 12 months (these 12 months need not have been consecutive);
2. The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave would begin.
a. This calculation includes only actual hours worked and will not include any holiday, sick time, or other forms of paid leave that may occur during the relevant 12-month review period, regardless of whether such time is counted as hours worked for overtime purposes.
b. This calculation includes all periods of absence from work due to or necessitated by military service (active duty and reserve) under MNA’s Military Leave policy.
3. The employee must work in an office or worksite where 50 or more employees are employed within 75 miles of that office or worksite. (Remote employees with no fixed office or who work out of their home will be treated as though they work in the office to which they report.)
a. Reasons for Leave
In order to qualify as FMLA leave under this policy, the employee must be taking the leave for one of the reasons listed below:
1. The birth of a child and to care for the child within one year of birth;
2. The adoption of a child or the placement of a child with the employee for foster care and to care for the child within one year of adoption or placement;
3. The employee’s own serious health condition (a “serious health condition” is a condition that requires inpatient care at a hospital, hospice, or residential medical care facility or a condition that requires continuing care by a licensed healthcare provider as defined in applicable Department of Labor regulations and, in the case of an employee, makes the employee unable to perform the functions of the employee’s position.);
4. To care for a spouse, child, or parent with a serious health condition;
5. Due to a “qualifying exigency” for the spouse, children, or parents of individuals who are on, or are about to be on, “covered active duty”. (A “qualifying exigency” includes attending certain military events, arranging for
alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, attending post-deployment reintegration briefings, and caring for a military member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty, as defined in applicable Department of Labor regulations) (“Covered active duty” means members of either the regular or reserve components of the Armed Forces and National Guard who have been deployed to a foreign country)
6. To provide care for a “covered service member” with a serious injury or illness incurred or aggravated in the line of duty while on active duty (employees eligible to take military caregiver leave include the spouse, children, parents, and next of kin of military personnel).
C. Other Allowable Leaves:
Leave that qualifies for vacation, sick leave, workers’ compensation, short-term disability, or other wage replacement benefits may also qualify as FMLA leave and, if so, the time off will also be counted as FMLA leave. Employees with questions about whether their leave needs may be covered under this FMLA policy are encouraged to consult with the Human Resource Manager.
D. Duration of Leave :
Up to12 Weeks
For all FMLA-covered leaves other than leave taken to provide care for wounded military personnel, eligible employees can take up to 12 weeks of leave under this policy during any 12-month period. MNA will use a rolling 12-month period measured backward from the date an employee uses any leave under this policy to determine whether an employee has exhausted 12 weeks of leave. Each time an employee takes leave, MNA will compute the amount of leave the employee has taken under this policy for any form of FMLA leave in the last 12 months and subtract that amount from the employee’s 12 weeks of available leave; the balance remaining is the amount the employee is entitled to take at that time.
Up to 26 Weeks
For all FMLA-covered leaves taken to provide care for wounded military personnel, eligible employees can take up to 26 weeks of leave under this policy during any single 12-month period. This single 12-month period begins on the first day the employee takes FMLA leave to provide care for wounded military personnel. Any FMLA time taken for any other reason listed in paragraph C. during this single 12-month period shall count against the 26 weeks of leave available to care for wounded military personnel. Similarly, any FMLA time taken to care for wounded military personnel shall count against the 12 weeks of leave available to the employee for any other reason under paragraph C.
Spouses
Spouses who both work for MNA are limited to a combined total of 12 weeks of leave for the birth of a child, adoption, placement of a child in foster care, or care for a parent with a serious health condition. Similarly, spouses who both work for MNA are limited to a
combined total of 26 weeks of leave to care for a covered member of the military who is injured in the line of duty.
E. Employee Benefits During Leave :
While an employee is on leave, MNA will continue the employee’s medical, dental, vision, Health Flexible Spending Account, and other benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. While on paid leave, MNA will continue to make payroll deductions as normal to collect the employee’s share of the premium.
MNA will continue to provide health insurance benefits until the employee ceases to be eligible under the terms, conditions, and limitations of the applicable plans. Employees will continue to be responsible for their share of the insurance premiums and will be required to make monthly payments while out on unpaid leave. Premium payments must be received by the first day of each month. If the payment is more than 30 days late, the employee’s health and other coverage may be dropped for the duration of the leave.
F. Use and Accrual of Paid and Unpaid Leave:
FMLA leave is unpaid. However, MNA requires that employees use all available sick time during any FMLA leave, except where the employee is receiving workers’ compensation, long-term disability, or similar wage replacement benefits.
Notwithstanding any other policy to the contrary, during periods of intermittent FMLA leave, sick and vacation time must be used in the same increments as the amount of FMLA leave taken.
Sick leave benefit accruals will be suspended during any unpaid portion of the leave and will resume upon return to active employment.
G. Intermittent Leave or a Reduced Work Schedule:
In addition to taking leave in consecutive blocks of time, eligible employees may be allowed to take time off intermittently (i.e., reduced workweeks or reduced workdays) if needing leave for any of the reasons set forth in Section B(3)(a) of this Policy.
To qualify for intermittent leave, the employee must show that the intermittent leave is medically necessary or related to a “qualifying exigency.” If leave is taken on an intermittent or reduced leave schedule due to foreseeable leave needs (other than qualifying exigencies), MNA may temporarily transfer an employee to an alternative position with equivalent pay and benefits.
H. Certification of the Need for Leave:
MNA may ask for certification to verify the need for leave for the reason requested by the employee. The employee must respond to such a request within 30 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of leave. MNA may also require recertification during the leave to verify the status of the need for leave.
MNA may directly contact the healthcare provider or other third party to verify and clarify information contained in the certification. Employees are responsible for signing or obtaining any authorization necessary to permit the healthcare provider or other third party to provide MNA with the required information.
MNA has the right to ask for a second opinion on a certification of a serious health condition. Should MNA choose to do so, MNA will pay for the employee to get a certification from a second healthcare provider, which MNA will select. If it is necessary to resolve a conflict between the original certification and the second opinion, MNA will require the opinion of a third healthcare provider. MNA and the employee will jointly select the third doctor, and MNA will pay for the opinion. This third opinion will be considered final.
I. Returning From Leave:
Employees taking leave under this policy will be returned to the same jobs they held when their leave began. If this is not feasible, employees will be returned to a position that entails substantially equivalent skill, effort, responsibility, and authority as the position they had previously held. The only exceptions to this rule will be in circumstances of layoffs or reorganizations where the employees’ positions would have been eliminated even if they had not been on leave. Employees returning from a leave of absence for their own serious health condition may be required to provide a fitness for duty assessment.
J. Procedure for Requesting Leave:
When an employee plans to take leave under this policy, the employee must give MNA 30 days’ notice. If it is not possible to give 30 days’ notice, the employee must give as much notice as is practicable. An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to MNA’s operations. If an employee fails to provide 30 days notice of foreseeable leave, the leave request may be denied until at least 30 days from the date MNA received the notice.
All employees requesting leave under this policy must submit the request in writing to their immediate supervisors, with a copy to the HR Manager. Where the need for leave is not foreseeable, employees must notify their supervisors of the need for leave as soon as possible and follow MNA’s normal call-in procedures for unexpected absences. Failure to follow our normal call-in procedures under such circumstances will be treated like any other violation of our call-in procedures and may result in discipline, up to and including termination, even though the leave itself may be covered by the FMLA. Employees may be required to confirm their need for FMLA leave in writing after giving notice.
While on leave, employees may be required to periodically report to MNA regarding the status of their intent to return to work.
K. Rights, Remedies, and Additional Information:
MNA fully complies with the provisions of the FMLA. Accordingly, any employee who has questions regarding this policy is encouraged to contact the HR Manager. Further information on your rights and remedies under the FMLA can be located on our FMLA poster (which can be found in the kitchen), or online on the Department of Labor’s website at: http://www.dol.gov/esa/whd/fmla/ .
Leaves of Absence
602
Earned Sick and Safe Time and Other Leaves
Earned Sick and Safe Time:
MNA will provide employees who work in Minnesota, as defined by this Policy, with the opportunity to use and/or accrue Earned Sick and Safe Time (ESST) when they are unable to work due to a qualifying reason under the State law or City Ordinance. Employees are immediately eligible to use and/or accrue ESST hours pursuant to this policy, effective January 1, 2024. The year shall be a calendar year, defined as January 1 through December 31.
This policy is intended to comply with the requirements of any and all earned sick and safe leave statues, ordinances, rules, regulations, or agreements that might apply to an employee. In the event any valid state or local law, ordinance, rules, regulation, or agreement provides for greater leave rights than this Policy, the more generous law, ordinance, rule, regulation, or agreement will control over this Policy. Likewise, if any applicable sick and safe time statues, ordinances, rules or regulations are modified or repealed, this Policy may be revised or eliminated.
Procedure:
MNA offers employees 1.38 hours of sick leave accrual per 30 hours worked. Exceeding that which is required by State law or City Ordinance. MNA provides employees who work, or that are in a paid leave status, up to 3.69 sick leave hours per payroll period, equaling 96 hours per year, of which 96 hours may be used for earned sick and safe time. Employees may carry over unused ESST hours into the next year, up to a maximum of 80 hours.
At the end of each pay period, MNA will post on the bulletin board in the lunch area the number of earned sick and safe time hours used by the employee during the pay period and the number of hours available for future use. Employees are not required to seek or find a replacement for their shift to use earned sick and safe time. They may use earned sick and safe time for all or part of a shift, depending on their need.
ESST can be used for:
An employee’s mental or physical illness, treatment, or preventive care.
the mental or physical illness, treatment, or preventive care of an employee’s family member.
Absence due to domestic abuse, sexual assault, or stalking of an employee or their family member.
Closure of an employee’s workplace due to weather or public emergency, or closure of their family member’s school or care facility due to weather or public emergency; and
When determined by a health authority or healthcare professional that an employee or their family member is at risk of infecting others with a communicable disease.
Making funeral arrangements, attending a funeral service or memorial, or addressing financial or legal matters that arise after the death of a family member.
Requesting ESST Process
a. Seven Days Advanced Notice : The employee will provide up to seven (7) days of advance notice when possible (for example, a medical appointment scheduled in advance) before using sick and safe time. MNA may require an employee to provide certain documentation regarding the reason for their use of earned sick and safe time if they use it for more than three consecutive scheduled workdays.
b. Less than Seven Days’ Notice: In situations where an employee cannot provide advance notice, the employee should contact their director by phone and/or email as soon as they know they will be unable to work.
c. Human Resources: The HR department should be copied on all employee requests for ESST.
Posting Process
a. Upon employment, each employee is given an employer ID number. This number is located on your paycheck stub and can also be ascertained through our payroll system, Pay Entry. Human Resources may also provide an employee ID number upon request.
b. After each payroll period, the Human Resources Manager or designee will electronically post an uneditable PDF or other digital file to MNA’s internal file storage system, organized by employee identification number, showing each employee’s earned, used, and available sick and safe time.
ESST Documentation
Employees may be asked to provide documentation that the use of ESST hours is in compliance with City Ordinances and or State Law. Employees will only be asked for such documentation when an employee uses ESST for purposes for more than three (3) consecutive days, or there is clear evidence of misuse.
ESST Relation to Other Types of Leave
Depending on the reason, an employee’s use of ESST also may qualify for concurrent leave under federal, state, or other local laws, collective bargaining agreement or employer policies such as under the Minnesota Parental Leave Act (MPLA) or the federal Family and Medical Leave Act (FMLA)
Retaliation Prohibited
It is against the law for MNA to retaliate or to take negative action against an employee for using or requesting ESST or otherwise exercising their ESST rights under the law.
Termination
Upon an employee’s termination or employment for any reason, all unused ESST hours are forfeited by the employee and will not be paid.
Safety Leave:
Sick time or earned sick and safe time may also be used to take safety leave time off that may be necessary for the employee’s own safety or to assist with the safety of relatives. For the purposes of this policy, “safety leave” is leave used to provide or receive assistance because of sexual assault, domestic abuse, or stalking (Minnesota Statute §181.9413).
The use of sick time or earned sick and safe time for safety leave purposes is subject to the same conditions and restrictions as would apply to the employee using sick time for their own illness.
Civil Air Patrol Leave:
Eligible employees are entitled to a leave of absence without pay for time spent rendering service as a member of the Civil Air Patrol on the request and under the authority of the state or any of its political subdivisions. MNA may deny a leave under this provision if the leave would unduly disrupt the operations of the organization.
To be eligible for leave under this provision, an employee must work for an average of 20 or more hours per week.
Military Personnel Injured / Killed in Service Leave:
All employees are entitled to up to ten working days of leave of absence without pay whenever an immediate family member is injured or killed while engaged in active service. For the purposes of this policy, “immediate family member” means an employee’s parent, child, grandparents, siblings, domestic partner or spouse. Employees seeking leave under this policy will be expected to give as much notice as practicable of their need for leave.
Military Ceremony Leave:
Unless doing so would unduly interrupt our operations, all employees are entitled to up to one working day of leave of absence without pay for the send-off or homecoming ceremonies of family members (i.e., parents, legal guardians, siblings, children, grandchildren, spouses, fiancés, or fiancées) who have been ordered into active service in support of a war or other national emergency
Leaves of Absence
603 Paid Family and Medical Leave (Minnesota)
Minnesota’s Paid Family and Medical Leave (PFML) program provides eligible employees with job-protected, paid time o¯ in connection with:
1) Medical leave, which is leave taken in connection with an employee’s serious health condition.
2) Family leave, which is leave taken for any of the other reasons described in this policy.
Eligibility, amount of leave, and benefit year
Employees are eligible to receive wage replacement benefits through the PFML program starting on their date of hire. However, the job protections and right to reinstatement provided under the law do not begin until an employee has successfully completed 90 calendar days of employment.
PFML provides employees with up to 12 weeks of medical leave and up to 12 weeks of family leave per benefit year. However, no more than 20 total weeks of PFML time may be taken in any single benefit year, regardless of the number of reasons for leave that an employee might have. So, for example, an employee taking 12 weeks of medical leave will only have 8 weeks of family leave that can be taken during the benefit year.
Public program: The benefit year in which up to 20 weeks of PFML time can be taken is the 52calendar week period that begins on the e¯ective date of a PFML claim formally filed with and approved by the State of Minnesota. For instance, an employee who files a claim with the state PFML program that is approved e¯ective August 1 would be able to take no more than 20 total weeks of PFML time between August 1 st and July 31 st of the following year. However, if the e¯ective date of an employee’s approved claim is January 1, April 1, July 1, or October 1, the benefit year will be a period of 53 calendar weeks, rather than 52.
Reasons for which leave can be used
PFML may be used for the following reasons:
An employee’s serious health condition: a serious health condition is defined as one that “involves inpatient or outpatient care or continuing treatment or supervision by a healthcare provider involving various types of incapacity for a specified period of time (which may include absences resulting from work-related injuries or illnesses )
Medical care related to an employee’s pregnancy ( including prenatal care, and recovery from childbirth, stillbirth, and miscarriage )
Bonding with a new child ( including time o¯ in connection with adoption and foster care placement of a child)
o Bonding time must be taken within 12 months from the date of birth or placement, unless the newborn remains in the hospital longer than the mother
Family care for a family member’s or military family member’s serious health condition
Qualifying exigencies arising from a family member’s military active duty
Safety leave for employees or family members who are the victims of domestic assault, sexual assault, or stalking
“Family members” for whom leave can be taken include:
Using PFML time
In most cases, PFML will be taken as a continuous block of time, such as 6 weeks o¯ to recover from surgery, or 12 weeks to bond with a newborn child. However, PFML can also be taken intermittently in partial week or partial day absences, such as attending physical therapy appointments. Intermittent PFML can be used in increments of four hours.
Employee notice of need for leave and leave approval
As a condition of taking leave and receiving benefits under this policy, employees must provide at least 30 days of advance notice of foreseeable needs for leave. Where a leave need isn’t foreseeable, or where it is impossible to provide at least 30 days' notice, employees must provide notice as soon as practicable of their need for leave. Delayed notification to supervisors or failure to follow proper reporting procedures may result in disciplinary action.
When leave is being taken intermittently, foreseeable absences must be scheduled for times that are as least disruptive to the workplace as possible. At least 14 days’ advance notice will also need to be provided for changes to leave needs, such as an increase in the expected duration of a leave need or the frequency with which intermittent absences may be necessary. Where 14 days’ advance notice isn’t possible, notice of changes must be provided as soon as practicable, and employees may be required to show good cause for the inability to provide su¯icient notice. Employees seeking to end an approved leave earlier than planned must provide at least 2 days’ advance notice of their intent.
In addition to providing us with notice of the need for leave, employees will have to file a claim with the State of Minnesota, which is responsible for making the ultimate determination as to whether a leave request is approved, and benefits will be payable. If MNA has reason to believe a claim has been approved in error, MNA may appeal the determination.
Wage replacement benefits and coordination with other policies and laws
A statutory formula is used to determine the percentage of an employee’s wages payable through the PFML program. Employees may be eligible to receive up to 90% of their regular weekly wages, capped at an amount equal to the State of Minnesota’s average weekly wage (which is reset on October 1 st of each year). With the exception of leave taken for purposes of bonding with a new child, eligibility for wage replacement benefits requires a seven-calendarday qualifying event or waiting period, after which, benefits will be paid retroactively to the first
day of leave (benefits paid for bonding purposes do not require a waiting period).
Employees with absences resulting from a work-related injury or illness will receive wage replacement benefits from our worker’s compensation insurance carrier, and may also be eligible to receive supplemental wage replacement benefits from the PFML program if the amount of wage replacement benefits paid by the workers’ compensation insurance carrier is less than the amount that the employee is eligible to receive through the PFML program.
Leave taken under this policy that is also covered by other leave laws or policies in this handbook will run concurrently. For instance, a non-birth parent’s time o¯ in connection with the birth of their child may be covered by PFML, the Minnesota Parental Leave Act (MPLA), and the federal Family Medical Leave Act (FMLA), in which case any leave taken under this policy will run concurrently with, and count against, leave under those laws/policies (see our Parental Leave and FMLA policies for more details about leave rights under those laws and the collective bargaining agreement).
Use and accrual of paid and unpaid leave
Because wage replacement benefits through the PFML program will always be less than 100% of an employee’s regular weekly wages, MNA will automatically use accrued benefit time that employees may have to supplement or “top o¯” payments received through the PFML program in order to bring an employee’s weekly wages up to their usual levels. If the leave is related to Parental Leave, please see the applicable Article in the Collective Bargaining Agreement. As a result, employees may receive two payments for any given week: one from the PFML program and one from MNA. Payments from MNA will be subject to the standard withholdings, including insurance premium payments.
Employees who do not want their benefit time to be used to supplement PFML payments must submit a written request to the Human Resources Department specifically asking that benefit time not be used for that purpose.
Continuation of insurance programs
Employee benefit programs, such as medical, dental, and health flexible spending accounts, will continue in place for the duration of an employee’s leave under the same conditions as if the employee had continued to work.
Employees using benefit time to supplement the payments they receive through the PFML program will have insurance premiums deducted from those payments as usual. Employees who request not to use benefit time to supplement PFML payments, who choose to supplement but run out of benefit time, or whose supplemental paid benefit time payments are not enough to cover their insurance premiums will be required to make monthly payments while out on leave, or upon their return to work. The employee shall authorize an additional bi-weekly payroll deduction, separate from and in addition to the existing health insurance premium, which shall
continue until the outstanding balance has been paid in full.
Returning from leave
Employees taking leave under this policy will be returned to the same jobs they held when their leave began. If that is not feasible, employees will be returned to a position that entails substantially equivalent skill, e¯ort, responsibility, and authority as the position they previously held. Limited exceptions to this rule may occur, such as in the circumstances of layo¯s or reorganizations, where an employee’s position would have been eliminated even if they had not been on leave.
Retaliation,
right to file a complaint
It is against the law for an employer to retaliate, or to take negative action, against an employee for using or requesting PFML leave or otherwise exercising their PFML rights under the law. Employees who believe that they have been retaliated against or improperly denied PFML benefits can file a complaint with the Labor Standards Division at the Minnesota Department of Labor and Industry.
EMPLOYEE CONDUCT & DISCIPLINARY ACTION
Employee Conduct and Disciplinary Action
701 Sexual and Other Unlawful Harassment
MNA is committed to providing a work environment that is free of discrimination and unlawful harassment. MNA prohibits discrimination and harassment on the basis of race, color, national origin, sex, size, religion, gender, gender identity, health status, nationality, age, disability, lifestyle, creed, sexual orientation, or any other legally protected characteristic.
Any employee or employer engaging in harassment, who permits employees under their supervision to engage in such harassment, or who retaliates or permits retaliation against an employee who reports such harassment, is guilty of misconduct and shall be subject to immediate remedial action that may include discipline, up to and including termination of employment.
Employee Rights and Responsibilities:
The employer is committed to providing all employees with a work environment free from unlawful harassment by staff or MNA members. Any claims of a violation of this section by MNA employees shall be reported to a labor-management conference. The labor-management conference shall include HR or the Human Resources Director, the employee, a representative(s) of the Union, and the Director or designee of the department. If the complaint involves member harassment of an MNA employee, this conference may include the MNA President or their designee. The person making the complaint shall not endure retaliation or harassment for filing this complaint with the Employer through the labor-management conference. A written notice of the alleged violation raised in the labor-management conference will be provided to the employee making the claim.
An investigation into any alleged violations of this section shall be the sole and exclusive right of the employer. A written report of the findings of the investigation shall be provided to the labormanagement conference participants. The findings may be redacted at management’s discretion
Employees are entitled to the timely resolution of any complaints about harassing or inappropriate behavior. In addition, employees are protected from retaliation for making a complaint or exercising other rights protected by law.
It is an employee’s responsibility and obligation to report harassing or inappropriate behavior, whether it is directed at them or is something they have seen or heard that was directed at someone else. Any manager or supervisor who learns of or observes harassing or inappropriate behavior or receives a complaint about this kind of behavior should immediately report the behavior or complaint to the Human Resources Manager or the Executive Director.
MNA will investigate the situation and take timely and appropriate action to correct it. Every employee must cooperate fully during any fact-finding initiated by MNA, providing honest and complete information. Employees cannot choose to “stay out of it” if they are asked for information that they have or have access to.
Failure to participate fully and honestly in the investigative process or in any fact-finding process initiated by MNA is a serious violation of company policy and grounds for corrective action, which may include termination from employment.
What is Harassment?
Harassment is offensive physical conduct, verbal comments, or written comments including, but not limited to, electronic communications such as online posts or text messaging, due to another person’s protected category status if that conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment, unreasonably interferes with an individual’s work performance or opportunities or otherwise affects the terms and conditions of employment.
Definition of Sexual Harassment:
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, comments (verbal or written), or physical conduct of a sexual nature when:
1. Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or
3. The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance; or
4. The conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
Examples of Harassment:
Examples of harassment include, but are not limited to:
Unwanted sexual advances.
Offering employment benefits in exchange for sexual favors.
Making or threatening reprisals after a negative response to sexual advances.
Leering or making sexual gestures.
Making sexual comments about a person’s body, clothing, or appearance.
Displaying or circulating sexually suggestive objects, pictures, cartoons, emails, or posters.
Displaying or circulating offensive objects, pictures, cartoons, emails, or posters based on a legally protected characteristic such as race, religion, or sexual orientation.
Making or using derogatory comments, epithets, slurs, or jokes.
Electronic communications, such as online posts or text messaging, which are offensive or derogatory in nature about an individual due to their membership in a protected class.
Graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, or suggestive or obscene letters, notes, or invitations.
Unwelcome physical conduct includes touching, assaulting, impeding, or blocking movements, and threatening and intimidating behavior.
Shaming and unsubstantiated blaming.
Sending or posting messages that defame or slander other individuals
Reporting Procedure:
Employees who believe they have experienced or witnessed sexual or other unlawful harassment in the workplace, whether by employees or non-employees, should take the following steps:
Take immediate action rather than ignoring the problem and waiting for it to go away;
Tell the offending person, if they feel comfortable doing so, that actions or comments are unwelcome and that the behavior is offensive and must stop immediately; and
Report the incident as soon as possible to a supervisor, the HR Manager, the labormanagement conference, or the Executive Director.
Employees who are witnesses to harassment or inappropriate behavior should:
Take the incident(s) seriously;
Refuse to condone or participate in the behavior;
Encourage the victim to speak with their supervisor, the HR Manager, labor-management conference members, or the Executive Director; and
Express suspicions or concerns to the appropriate supervisor, the HR Manager, the labormanagement conference member, or the Executive Director so that MNA can be alerted to any possible harassing situations.
Employees who may be engaging in harassing or inappropriate behavior must:
• Stop the behavior immediately;
• Listen to the person complaining about the behavior; and
• Learn from the experience and do not repeat it.
Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment must immediately report the harassment to the HR Manager or the Executive Director so it can be investigated in a timely manner.
All charges of harassment will be promptly investigated by MNA. All complaints will be handled as discreetly as possible, although MNA cannot guarantee absolute confidentiality. Strict confidentiality is not possible since the alleged harasser is entitled to answer the charges, particularly if discipline or termination is a possible outcome. However, reasonable efforts will be made to respect the confidentiality of the individuals involved. Corrective action will be taken consistent with the results of MNA’s investigation and the MNASO collective bargaining agreement.
All employees are expected to cooperate with harassment investigations. An employee who refuses to participate in the investigation, provides untruthful statements to the investigator, or otherwise obstructs the investigation process is subject to discipline, up to and including termination of employment.
Retaliation:
MNA will not tolerate any retaliation against any employee who reports an incident of alleged harassment or inappropriate workplace behavior or provides information during an investigation and will take measures to protect all such employees from retaliation. Engaging in retaliatory behavior is a violation of this policy and is grounds for corrective action, up to and including termination of employment.
Off-Site Events:
On occasion, employees may have the opportunity to participate in off-site events such as workrelated social gatherings, planning sessions, retreats, member meetings, or conferences. These settings, which may be more informal than our workplace, can facilitate new learning, creative thinking, and camaraderie among employees and business or community colleagues. MNA expects that employees will demonstrate the same professional standards of behavior at these events as they would in the workplace.
Liability for Harassment:
Any MNA employee or employer found to have violated this policy is subject to disciplinary action, up to and including termination from employment. Employees may also be subject to personal legal liability for violation of this policy.
Employees wanting more information about our harassment policy or complaint process should contact a supervisor, the HR Manager, or the Executive Director.
Employee Conduct and Disciplinary Action 702 Attendance and Punctuality
To maintain a safe and productive work environment, MNA expects employees to be reliable and punctual in reporting for scheduled work and meetings. Absenteeism and tardiness place a burden on other employees and MNA. As a result, MNA does not pass judgment on or consider the reasons why employees may need to be absent from work. Instead, MNA focuses only on the fact and frequency of employee absences. Employees who will be absent for any period due to illness or an emergency must inform their supervisor and keep the supervisor informed of when they will likely be able to return to work. Before going out on sick leave or returning to work from sick leave, it is the employees' responsibility to record sick leave usage on their timecard.
An absence is any time you are scheduled to work and are unable to report. This does not include approved time off for vacation, holidays, bereavement, jury duty, leaves of absence, inlieu, earned sick and safe time, or MNA-initiated time off.
When employees cannot avoid being late for work or are unable to work as scheduled, they should notify their supervisor as soon as possible of the anticipated tardiness or absence or at least one hour before the start of their shift. If an employee becomes ill while at work, the employee must notify their supervisor or HR before leaving work unless it is impossible to do so. This notice can be given by phone, text, or email and must include any urgent assignments the employee was not able to complete. Depending on the circumstances, you may also be required to inform team members and administrative assistants to ensure proper coverage of your assignment. Calling co-workers rather than the supervisor will not be acceptable. Similarly, calls from friends, family members, or co-workers to report tardiness or absences will not be accepted unless the employee is unable to do so themselves. Exceptions due to extreme and/or emergency circumstances may be made on a case-by-case basis.
Employees shall be determined to be tardy if the following happens:
A. Unit 1: Arriving after their scheduled start time.
B. Unit 2: Arriving late for scheduled meetings or assignments.
Employees must not exhibit patterns of tardiness or absenteeism. Inappropriate use of sick leave or other patterns of tardiness and absenteeism over a retrospective three-month period may result in disciplinary action. Examples would include, but not be limited to, the following:
A. Single days that are regularly occurring. Example: Wednesdays.
B. Adjacent to holidays, vacations, scheduled days off, and denied requests for time off.
C. Attached to a weekend to extend the time off.
D. Excessive absences or tardiness: defined as a combination of two or more incidents within a one-month period unless pre-approved by their immediate supervisor or due to a serious illness. Consecutive days shall count as one incident.
A manager may request a healthcare provider certificate if an employee has exhibited a pattern of excessive use of sick leave and is absent from work due to illness for more than three (3) consecutive days.
Manageable absences (such as doctor’s appointments) should be scheduled outside of normal working hours whenever possible or at least at times that are as minimally disruptive to the workplace as possible.
Time off from work: An employee must submit requests to use scheduled benefit time or personal days off through a calendar invite to their supervisor for scheduling and approval. Once the supervisor receives the calendar invite, the supervisor will accept or decline the invite, indicating either approval or disapproval of the requested time off, except that all earned sick and safe time requests will be approved in accordance with MN law.
Any of the issues outlined in this section may lead to disciplinary action, up to and including termination of employment. As a result, MNA expects that employees will make punctuality and attendance a top priority.
MNA will implement this policy in a non-discriminatory manner and will not retaliate against an employee or prospective employee for having exercised or attempted to exercise any rights under the Family Medical Leave Act (FMLA).
Employee Conduct and Disciplinary Action
703 Personal Appearance
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the image that MNA presents to members and visitors. An employee’s appearance contributes to MNA’s culture and reputation. Employees are expected to present themselves in a business manner that results in a favorable impression by our members.
You should dress and groom yourself according to the requirements of your position. This is particularly true if your job involves dealing with members or visitors in person. Where necessary, reasonable accommodation may be provided for employees with disabilities or who have verifiable religious or medical needs.
Procedures:
MNA management may exercise reasonable discretion to determine the appropriateness of employee dress and appearance. Employees who do not meet an appropriate business standard may be sent home to change, and nonexempt employees will not be paid for that time. If an employee disagrees with a manager’s decision, the employee may ask HR to decide the appropriateness of the clothing worn. Reasonable accommodation will be provided where required.
Business Attire:
When representing MNA, all employees are expected to dress in business attire. Basic elements for appropriate business attire include clothing that is in well-kept and clean condition. Below are examples of appropriate and inappropriate clothing items:
Lower Body Apparel
Slacks
Khakis or corduroys
Dressy capris
Skirts and dresses no shorter than midthigh
Black Dressier Jeans
Shirts
Polo collar knit or golf shirts
Oxford shirts
Company logo wear
Short-sleeved blouses or shirts
Long-sleeved blouses or shirts
Sweatpants, leggings, exercise wear
Shorts, or jeans, except black
Midriff-exposing clothing
T-shirts or sweatshirts
Beachwear
Sleeveless blouses or shirts, unless a top with sleeves is worn over it
Crop tops, clothing showing midriffs, spaghetti straps, and transparent clothing items that expose the torso
Halter and strapless tops
Thongs and flip-flops
Crocs, or casual sandals
Appropriate workplace dress does not include clothing that is improper or revealing, or clothing with rips, tears, or frays.
Although it is impossible and undesirable to establish an absolute dress and appearance code, MNA will apply a reasonable and professional workplace standard to all employees. Management may make exceptions for special occasions or in case of inclement weather. An employee who is unsure of what is appropriate should check with their manager.
Business casual attire:
Business casual dress will be permitted when working in the office and when you are not in contact with members. When meeting members, business dress guidelines must be observed, except at member events where business attire would be inappropriate, e.g., strike lines, rallies, door knocking, etc.
Business casual dress is defined as follows:
Casual shirts: All shirts with collars, crewneck, or V-neck shirts. Examples of inappropriate shirts include shirts with inappropriate slogans or graphics, tank tops, muscle shirts, and cropped tops.
Pants: Casual slacks, trousers, and jeans without holes, frays, etc. Examples of inappropriate pants include shorts, camouflage, and any clothing that allows the abdomen to be exposed.
Footwear: Casual slip-on or tie shoes and clean athletic shoes. Examples of inappropriate footwear include flip-flops and construction or hunting boots.
Employee Conduct and Disciplinary Action 704 Return of Property
Employees are responsible for items issued to them by MNA or in their possession or control, including, but not limited to, the following:
Cell phones and accessories
Computers/laptops and accessories
Credit cards
Member data and information
Equipment (i.e., mobile devices, portable printers, etc.)
Security cards and keys
Work-related written and electronic materials
Employees may not alter, deface, duplicate, or modify equipment issued by MNA. This includes adding stickers to laptops, making copies of keys, or adding unauthorized software to computers and phones.
Employees must return all MNA property immediately upon request or termination of employment.
Employee Conduct and Disciplinary Action
Any employee bringing personal property onto work premises - whether in a parking area, at an off-site location, or in the MNA office - is solely responsible for such property. Therefore, MNA cannot be responsible for any damage to, theft of, or loss of personal property and does not have insurance to cover any such loss, damage, or theft. As a result, employees who are concerned about the safety of their personal items should not bring them to work.
MNA expects employees to report to work on time for every scheduled shift. An employee who is unable to report to work at the designated time is required to notify their supervisor as soon as practicable, but no later than the employee’s scheduled start time. Employees who fail to report to work for five (5) or more consecutive business days without notifying the company of the absence and after several attempts by the employer to reach the employee or their emergency contacts will be considered as having voluntarily resigned as a result of job abandonment.
If the employee is unable to contact the organization for any absence, the employee should ask a representative (such as a family member or friend) to do so on the employee’s behalf. If the employee or a representative is unable to contact MNA due to extreme circumstances (such as a medical emergency or natural disaster that prohibits the employee or a representative from contacting the company within five (5) days), the employee or the employee’s representative must contact MNA as soon as practicable to explain the situation. In extreme circumstances, the employer will consider the explanation and its timing before determining if the voluntary resignation will be upheld.