1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and

1.3 Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the Agreement.

2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all Assistant Public Defenders employed by the State of Minnesota within the jurisdiction of the State Board of Public Defense under Minnesota BMS Case #98-PCE-490 excluding supervisory and confidential employees.

2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination.

3.1 UNION: Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320.

3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of six (6) months from the date of hire. Probationary employees may be terminated at the sole discretion of the Employer.

3.7 STEWARD: An employee designated by the Union for the purposes of communicating with the Employer on matters of interest to either party and to perform assigned duties as maybe otherwise specified in this Agreement.

3.8 PART-TIME EMPLOYEE: All Public Defenders employed by the State of Minnesota who work 35% of the normal work week and more than 67 work days per year.

6.1 The Employer shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover Union dues or a "fair share" deduction as provided by Minnesota Statutes 179A.06, Subdivision 3, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union.

6.2 The Union may designate up to 25 employees from the bargaining unit to act as Stewards and shall inform the Employer in writing of such choice and changes in the position of Stewards and/or alternates.

6.3 The Employer shall make space available on the employee bulletin boards in each of the full-time offices for posting Union notices and announcements.

6.4 Union Stewards: The Employer agrees that the employee designated Stewards under Article 6.2 of this Agreement shall be allowed a reasonable amount of duty time annually to attend to Union matters as designated by the Union in addition to the other Stewards activities as provided for in this Agreement.

6.5 No lock out shall be instituted by the Employer and/or its appointing authorities during the term of this contract.

7.1 Seniority means an employee's length of continuous service by classification and from their date of hire, by the Employer or predecessor system providing public defender services.

a. Upon request of the Union, but not more often than once each calendar year, the Employer shall establish a seniority list for the designated class(es) within the unit. A seniority list shall also be established for affected class(es) and unit(s) at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the Union's designated representative.

b. Employees and the Union shall be obligated to notify the Employer by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the Union's designated representative. Within thirty (30) days of notification of errors, the Employer shall correct errors in the seniority list and furnish the corrected list to the Union's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the Union's designated representative, the list will stand correct as posted.

7.5 Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of:

a, Layoff, which shall be in inverse order of seniority within each work classification and department, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this Agreement may request to exercise seniority rights in such lower classification or its designated equivalent.

b. Recall from layoff, which shall be in order of seniority within each work classification and department, provided that if an employee does not return to work upon recall, as directed by the Employer or on an extended date mutually acceptable to the employee and Employer, he/she shall automatically have terminated his/her employment.

8

7.6 The Employer shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) working days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the Employers records except when the employees are present at the work site to receive notice.

8.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms:

8.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices.

8.4 Upon written request of the employee, a written reprimand shall be removed from the employee's personnel record if no further disciplinary action has been taken against the employee within one (1) years following the date of the reprimand, or if no disciplinary action has been taken against the employee for the same or related offenses within two (2) years following the date of the reprimand.

8.5 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer.

8.6 Discharges of non-veterans will be preceded by a five (5) day suspension without pay. During this time there will be an Administrative Hearing held.

8.7 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning.

10.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement.

10.2 UNION REPRESENTATIVES: The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement.

10.3 PROCESSING OF A GRIEVANCE: It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the Employer.

10.4 PROCEDURE: Grievances as defined in Section 10.1 shall be resolved in conformance with the following procedure:

Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) working days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will give an answer to such Step 1 grievance within ten (10) working days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) working days after the Employer-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) working days shall be considered waived.

Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 Representative. The Employerdesignated Representative shall give the Union the Employers answer in writing

within ten (10) working days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) working days following the Employer-designated Representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) working days shall be considered waived.

Step 3. A grievance not settled in accordance with Step 1 and Step 2 may be submitted by the Union to mediation. The Union shall petition the Commissioner of the Minnesota Bureau of Mediation Services for mediation assistance in resolving the grievance. If the grievance is submitted to mediation and not resolved, it may be appealed to Step 4 within ten (10) working days of the date of the mediation hearing. Any grievance not appealed in writing to Step 4 by the Union within ten (10) working days shall be considered waived.

Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to Arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Public Employment Relations Board.

a. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted.

parties desire a verbatim record of the proceedings, the cost shall be shared equally.

grievance procedure, the grievance shall be deemed settled andthe

Employers last answer shall prevail. If the Employer fails to answer

in accordance with the schedule in the grievance procedure, the

grievance shall be deemed settled and the relief sought shall have

been deemed agreed to by the Employer.

level in writing without prejudice.

11.2 The employees of each Judicial District and State Public Defender's Office may establish a committee of a reasonable number to be mutually agreed upon by the Chief Public Defender, or Deputy State Public Defender or his/her designee to meet and confer for the purpose of discussing local issues of mutual concern or interest. Such meetings will be held at the request of either party at mutually acceptable times and locations. The requesting party shall submit a proposed agenda to the other party at least seven (7) working days in advance of the scheduled meeting date. Additional items for discussion may be added to the agenda by either party and such additions shall be promptly communicated to the other party prior to the meetings.

The employees shall be provided copies and supporting documents on any proposed policies and procedures pertaining to the employees unit, and shall have the right to make policy recommendations.

Any reduction in staffing or hiring proposal pursuant to Minnesota Statute, Section 611.27, is subject to meet and confer. Policy decisions subject to meet and confer shall not be implemented prior to being brought to meet and confer. Failure of the Bargaining Unit to meet and confer or to respond shall not prevent the Administration from implementing decisions.

Employer's budget, past, present and proposed, and other

statistical/financial information necessary for the negotiation and

implementation of this Agreement.

12.1 Application for Leave. An employee shall submit a request for a leave of absence in writing to the immediate supervisor as far in advance of the requested absence as is practicable. The request shall state the reason for, and the anticipated duration of, the leave of absence.

12.2 Paid Leaves of Absence. Paid leaves of absence shall not exceed the employee's normal work schedule and shall be granted as follows:

quasi judicial body in response to a subpoena or other direction by proper

authority for purposes related to the employee's State job. The employee

shall receive regular pay for such appearances or attendances, including

necessary travel time, provided that any fee received, exclusive of paid

expenses, is returned to the State. Any employee who must appear and

testify in private litigation, not as an officer of the State but as an individual,

shall be required to use vacation leave, leave of absence without pay, or

compensatory time unless, by mutual consent with the Employer, the

employee is able to work an equivalent number of hours during the fiscal

year to compensate for the hours lost.

unless extended by the Employer, when an employee has exhausted his

or her accumulation of sick leave due to an extended illness or injury.

when requested in conjunction with the birth or adoption of a child. The

leave shall begin on the date requested by the employee but no later than

six weeks after the birth or adoption; except that, in the case where the

child must remain in the hospital longer than the mother, the leave may

begin up to six weeks after the child leaves the hospital. Sick leave used

with a medical practitioners statement prior to the birth of the child will not

reduce the duration of the family leave. Sick leave or vacation used

following the birth of the child will not have the effect of extending the six

month family leave. Upon request, the Employer may extend the leave up

to a maximum of one year.

perform active duty for training or inactive duty training in the armed

forces of the United States shall be granted with the employee being

permitted to return to the employee's position with such seniority, status,

pay, vacation and sick leave as such employee would have had if the

employee had not been absent due to service under 2024(d). The

employee must inform the Employer within seven (7) calendar days of

receiving notification of duty. Vacation leave may be accumulated to any

amount provided that the amount is reduced to 260 hours within two

years of the employees return to State service.

subdivision 2, for the purpose of attending a precinct caucus, a meeting

of the State central or executive committees of a major political party if the

employee is a member of the committee, or any convention of major

political party delegates including meetings of official convention

committees if the employee is a convention delegate or alternate,

provided that the leave is requested ten days prior to the leave start

date.

• or if elected to State legislative office, during times the Legislature is in session; or

• upon assuming any other elected public office if, in the opinion of

the State Public Defender, the holding of the office conflicts with the employee's

regular State employment; or

• at the employee's request upon filing as a candidate for any

elected public office or any time during the course of the employee's candidacy.

12.4 Unpaid Leaves of Absence - Discretionary. Unpaid leaves of absence may be granted upon an employee's request at the discretion of the Employer as follows:

a. Temporary leave for salary saving purposes provided that an Employer

b. Personal leave for any reason for a period of up to one year subject to

without leave and shall be without pay. If it is subsequently determined by the Employer that mitigating circumstances existed, the Employer may convert the absence without leave to other leave as appropriate. Absence without leave shall be just cause for disciplinary action.

12.8 Family Medical Leave Act The Family Medical Leave Act (FMLA) went into effect on August 5, 1993.

Broadly stated , the Family-Medical Leave Act provides eligible employees with paid or unpaid. leave for up to 12 weeks in a 12 month period for the birth or adoption of a child, for the care of a child, spouse, or parent who has a serious health condition, and for serious illness of an employee. It also entitles employees to job protection and employer paid insurance during the period of a qualifying leave. The State has established that the 12 month period coincides with the State's fiscal year.

The Family Medical Leave Act should not be considered a form of leave in itself, but a "condition" of leave already available under this Plan.

• verify that the employee is eligible;

• ask the employee, "is this request for time off for the purposes of an FMLA

qualifying event?";

• if the employee answers "yes," ask the reason for the leave solely for the

purpose of verifying that it is FMLA qualifying and to determine whether the

employee is eligible for paid or unpaid time off under this Plan;.

• request medical documentation for leaves due to employee's medical

condition or care of seriously ill family member;

• designate the requested leave as qualifying under the Family Medical Leave

Act if appropriate.

Complete and retrievable records should be maintained on all the Family Medical Leave Act leaves, requests and disputes.

14.1 Eligibility. All full-time employees and part-time hourly employees working a regular schedule who are appointed for a period in excess of 6 months and are in payroll status, are eligible to accrue paid sick leave as provided in this Article except intermittent employees, emergency employees, temporary employees (6 months or less), student workers, interns, and project employees. Part-time lump sum employees are not eligible for sick leave.

14.2 Sick Leave Accrual and Accumulation. A full-time employee shall accrue sick leave at the base rate of four hours per pay period until 900 hours have been accumulated. An employee being paid on an hourly basis for less than a full 80 hour per pay period shall have his or her sick leave accrual prorated according to the schedule in Appendix B until 900 hours have been accumulated. After 900 hours have been accumulated, an employee shall accrue sick leave at the rate of two hours per pay period, or as provided in Appendix B, as long as the 900 hours is maintained. This time shall be credited to the employee in a sick leave bank. An employee whose sick leave balance falls below 900 hours shall again accrue sick leave at the appropriate full-time base rate until his or her accumulation again reaches 900 hours.

14.3 Transfer/Restoration of Sick Leave Hours. An eligible employee who moves without a break in service to a Commissioner's Plan position from any other position in State government, shall have his or her accumulated sick leave balance and bank, if any, transferred. If the previous accrual rate and maximum accumulation were greater than those provided in this Article, the leave balance and bank shall be transferred in amounts equal to what the employee would have accumulated under this Article.

An eligible employee who is appointed to a Commissioner's Plan position within four years from the date of separation in good standing from any other position in Minnesota State government shall have his or her sick leave balance and bank, if any, restored provided that any employee being appointed after receiving severance pay shall have his or her leave restored proportionately by deducting the hours which were paid as severance. If the previous accrual rate and maximum accumulation were greater than those provided in this Article, the leave balance and bank shall be restored in amounts equal to what the employee would have accumulated under this Article.

An eligible employee who was employed within the last year in another public jurisdiction may be credited with up to 80 hours (10 days) of sick leave earned in that jurisdiction at the discretion of the Employer. Such credit shall be reduced proportionately as sick leave is accumulated.

14.4 Usage. Whenever practicable, an employee shall submit a written request for sick leave in advance of the period of absence. When advance notice is not possible, an employee shall notify his or her supervisor by telephone or other means at the earliest opportunity. An employee shall be granted sick leave to the extent of his or her accumulation for the following:

An employee shall be granted sick leave for such reasonable periods as the employee's attendance may be necessary for the following:

When used, sick leave shall be first deducted from the 900 hour sick leave balance. When an employee has exhausted his or her sick leave balance, additional sick leave taken shall be deducted form his or her sick leave bank.

An employee using sick leave may be required to furnish a statement from his or her medical practitioner or a medical practitioner. The Employer may also require a similar statement from a medical practitioner if the Employer has reason to

believe the employee is not able to work or has been exposed to a contagious disease which endangers the health of other persons.

Sick leave hours shall not be used during the pay period in which the hours are accrued. Sick leave accruals earned while on paid leave may be used by the employee with the approval of the supervisor without returning to work prior to the usage of accrued sick leave.

14.5 Sick Leave Charges. An employee using sick leave shall be charged for only the number of hours that the employee was scheduled to work during the period of sick leave. Sick leave shall not be granted for periods of less than one-quarter hour except to permit usage of lesser fractions that have been accrued. Holidays that occur during sick leave periods will be paid as holidays and not charged as sick leave.

14.6 Sick Leave Notice. Sick leave is a personal matter. An employee planning on taking sick leave should notify the Employer that they plan to take sick leave and the reasons therefore. This information and any information concerning the reasons for sick leave are confidential. In the State Public Defender Office, the Deputy State Public Defender shall implement the sick leave policy. In the district defender offices, the Chief Public Defender shall implement the sick leave policy.

Employees who do not utilize any sick leave hours in a six (6) month period shall have the option of converting one (1) day of sick leave to vacation or pay at the option of the employee. The six (6) month periods are from January I to June 30 and from July 1 to December 31.

Employees may utilize sick leave to pay for approved health and fitness activities, to a maximum of eight hundred dollars ($800.00) per year.

deduction, provided the employee satisfies all requirements of the

administrator of the deferred compensation plan or tax-sheltered annuity; or

16.1 Eligibility. All full-time and part-time hourly employees working a regular schedule who are appointed for a period in excess of 6 months and are in payroll status, are eligible after completion of the first 6 months of State service to accrue vacation leave except intermittent employees, emergency employees, temporary employees (6 months or less), student workers, interns, and project employees. Part-time lump-sum employees are not eligible for vacation leave.

16.2 Vacation Accrual. A full-time employee shall accrue vacation leave each pay period according, to the rates provided below. After completion of the first 6 months of State service, an employee shall be credited with vacation leave back to the date of hire in an eligible position. An employee being paid for less than a full 80 hour pay period shall have his or her vacation accrual prorated in accord with the schedule provided in Appendix C.

Changes in accrual rates shall be made effective at the beginning of the next payroll period following completion of the specified "Length of Service Requirement".

As used above, "Length of Service" includes all time served in eligible status but does not include time on suspension or unpaid non-medical leaves of absence which exceed one full pay period in duration. However, an employee on military leave or salary savings leave shall earn credit for "Length of Service".

"Length of Service" may also include time spent in other Minnesota State government positions or public jurisdictions as stated below.

Commissioner's Plan position from any other position in Minnesota State

government, shall have his or her length of service and accumulated

vacation leave transferred.

within four years from the date of separation in good standing from any

position in Minnesota State government shall accrue vacation leave

according to the length of service the employee had attained at the time

of separation.

17.1 Eligibility. All employees in payroll status who work a regular schedule are eligible for paid holidays except intermittent employees, emergency employees, student workers, interns, and project employees. However, temporary employees shall not be eligible for the floating holidays. Part-time lump sum employees are eligible for pro rated holiday pay.

When any of the above holidays falls on an employee's regularly scheduled day off, the employee's scheduled work day either before or after the holiday, at the option of the Employer, shall be scheduled as a holiday for that employee, unless other arrangements are agreed to between the Employer and the employee.

17.3 Floating Holidays. Full-time employees and part-time hourly employees working a regular schedule, other than temporary employees, shall receive two (2) floating holiday each fiscal year. Part-time lump sum employees shall receive one (1) floating holiday each fiscal year. The employee must request the floating holiday in advance. The holiday shall be taken on an employee's regularly scheduled work day subject to mutual agreement between the Employer and the employee. The floating holiday shall be taken in the fiscal year in which it is earned, or it is lost. The floating holiday cannot be split, but must be taken in its entirety.

17.4 Holiday Pay Entitlement. In order to receive a paid holiday, an employee must be in payroll status on the normal work day immediately preceding and the normal work day immediately following the holiday(s). Temporary and intermittent employees are not eligible for holiday pay. Intermittent employees not scheduled to work a regular shift are not eligible for holiday pay. In the event an employee dies or is mandatorily retired on a holiday or holiday weekend, the employee shall be

17.5 Holiday Pay. Holiday pay shall be the employee's regular hourly rate of pay multiplied by the number of hours in his or her normal work day and shall be paid in cash.

Eligible employees working a part-time hourly schedule who normally work less than full time shall have their holiday pay pro-rated in accord with the schedule set forth in Appendix C. In payroll periods that include a holiday, supervisors may allow part-time employees to arrange their work schedules to avoid a reduction in salary due to the proration of holiday pay, provided such rescheduling does not result in the payment of overtime.

Full-time employees working compressed work weeks (e.g., four 10 hour days) receive holiday pay based on the number of hours the employee would have been scheduled to work had there been no holiday.

17.6 Work on a Holiday. An employee who works on a designated holiday shall be compensated at the appropriate regular rate for all hours worked and granted an alternate holiday at the Employees discretion. This option shall not be available for employees who work less than their normal work day on a holiday. The alternate holiday must be used within 120 days of the pay period in which it was earned.

17.7 Religious Holidays. When a religious holiday, not observed as a holiday listed above, falls on an employee's regularly scheduled work day, the employee shall be entitled to that day off to observe the religious holiday.

Time to observe a religious holiday shall be taken without pay unless the employee uses accumulated vacation leave or compensatory time or, by mutual consent with the Employer, is able to work an equivalent number of hours at some time during the fiscal year to compensate for the hours lost. An employee shall notify his or her supervisor of his or her intention to observe a religious holiday in advance of the holiday. Use of this provision shall not entitle an employee to overtime compensation.

19.1 Stability pay is an annual, lump sum, payment paid to full-time employees who have served more than five (5) years in the employment of the State of Minnesota. The stability pay plan will be administered as follows:

19.2 When an employee has completed a minimum of five (5) years of employment with the State of Minnesota prior to the commencement of the current fiscal year, he or she shall receive a stability payment of two and one-half (2 1/2) percent of his or her annual current base rate of pay, limited to the maximum specified below. For each additional year of full-time service after five (5) years, the employee shall qualify for an additional one-half of one (0.5) percent up to and including his or her tenth year. For all service after ten (10) years, the stability payment shall continue at the rate established for the tenth year, that is, five (5) percent.

19.3 The stability payment shall be computed based on an employee's current annual salary except that the computation of the adjustment shall be limited to a maximum annual salary of $15,000 through the tenth year of service, $16,000 after 11 years, $17,000 after 12 years, $18,000 after 13 years, $19,000 after 14 years and $20,000 after 15 or more years. An employee eligible for stability pay shall receive the payment in a lump sum at the time of other annual salary adjustments.

21.1 General. The Employer shall pay travel and other expenses and reimbursement of special expenses for employees and interns in accord with the provisions of this Article for the effective conduct of the State's business. Such authorization must be granted prior to incurring the actual expenses.

21.2 Privately-Owned Vehicles. An employee shall be reimbursed for the use of privately-owned vehicles, at IRS rate.

21.3 When an employee does not report to the permanent work location during the day or makes business calls before or after reporting to the permanent work location, the allowable mileage is: (1) the lesser of the mileage from the employee's residence to the first stop or from his or her permanent work location to the first step, (2) all mileage between points visited on State business during the day, and (3) the lesser of the mileage from the last step to the employee's residence or from the last step to his or her permanent work location.

21.4 Other Travel Expenses. Employees in travel status shall be reimbursed for expenses described below in the amounts actually incurred not to exceed any maximum amounts specified below.

Where anticipated out of state expenses total at least five hundred dollars ($500.00), the Employer may advance the employee the amount of the anticipated expenses upon the employee's request made at least one full payroll period prior to the travel date. If the amount advanced exceeds the actual expenses, the employee shall return the excess within two weeks of return from travel. The Employer may issue the employee a state-owned credit card in lieu of a travel advance.

transportation shall be by first class (unless authorized by an Employer if no

other seating is available) and that reimbursement for travel which includes

more than one destination visited for State purposes and non-State

purposes shall be in an amount equal to the cost of the air fare only to those

destinations visited for State purposes.

reimbursed for meals under the following conditions

leaves home before 6:00 a.m. or is away from home overnight.

travel status more than fifteen (15) miles away from his or her

normal office or is away from home overnight.

cannot return home until after 7:00 p.m. or is away from home

overnight.

For the following metropolitan areas the maximum reimbursement shall be the State rate.

21.6 Employees who are in travel status for two or more consecutive meals shall be reimbursed for the actual costs of the meals including tax and a reasonable gratuity, up to the combined maximum amount for the reimbursable meals. Travel status is defined as being away from employee's primary work location.

reasonable and consistent with the facilities available.

employee does not have a State telephone credit card or is unable

to bill the call to the office telephone number.

number of nights away from home by two (2) dollars.

travel status.

expenses, travel.

21.7 Receipts. The Employer may require receipts for any reimbursement requested by an employee under the provisions of this or any other chapter in this Plan.

21.8 Expense Reports. In many instances expenses will be reimbursed. The allowable expenses and their costs are outlined below. The Expense Report Forms will be provided by the Chief Public Defender.

21.9 Training, Tuition, Fees In addition to Employer sponsored training, the Employer shall reimburse each employee for any conference fees, training or continuing education related to public defense.

21.10 Communications: Phone. The actual cost of long distance calls will be reimbursed provided that documentation exists. The phone bill or invoice should be attached to the Expense Report, and the public defender related calls highlighted in some manner. The Board will not reimburse for line charges or items other than the actual long distance charges. Items such as cellular phones and pagers are not reimbursable expense items. The Board will not reimburse for line charges, extra lines, or dedicated phone lines.

Note: The Board is in the process of converting part time assistant public defender phones to MNET service. Once completed the cost of phone calls will no longer be

22.1 General Eligibility. An employee shall be reimbursed for relocation expenses only if the employee obtains prior authorization from the Employer before incurring any reimbursable expenses and only if the employee completes the change of residence within twelve (12) months of the date of appointment or reassignment. The Employer may approve time extensions in individual situations.

The Employer and the employee are expected to reach a clear understanding of the relocation expense reimbursement available to the employee before the employee incurs any expenses.

22.2 Reimbursement. The Employer shall reimburse an employee up to ten thousand dollars ($10,000) in relocation expenses as provided in this Article if one of the following applies:

to break a lease on the employee's rented domicile.

subject to the receipt of bids as required by and subject to the approval of

the Employer prior to any commitment to 'a mover to either pack or ship

the employee's household goods. Neither the State of Minnesota nor any

of its agencies shall be responsible for the loss or damage to any

employee's household goods nor personal effects.

damage during the move; the cost of moving up to two (2) automobiles; or

other direct costs associated with the rental or purchase of a new residence.

Reimbursable miscellaneous expenses do not include, among others, rental of the employee's permanent residence, costs of improvements to either the old or the new home, real estate taxes, mortgage interest differential, points, assessments, homeowner association fees, homeowner's or renter's insurance, mortgage insurance, hazard insurance, automobile or driver's license reissue fees, utility or other refundable deposits, long-term boarding of pets and the purchase of new furnishings or personal effects.

employee's primary residence.

options, which shall be chosen by the Employer after the

consultation with the employee.

Option 1: Reimbursement for travel expenses, including meals and

mileage, for travel between the old and new work location on a

daily basis for up to 90 days or until the date of the move to a new

permanent work location, whichever comes first, or

Option 2: Reimbursement for actual lodging, meal and other standard

travel expenses at the new work location and the cost of return trips

to the old work location once a week, for a period ending when the

employee moves into his or her new permanent residence, or 90

calendar days after the effective date of the appointment making the

employee eligible for relocation, or on a date specified by the

Employer, whichever comes first.

Employees receiving reimbursement for temporary living expenses under Option 2 shall be reimbursed for the short-term rental of an apartment, house or other residence instead of reimbursement for hotel or motel room rental, with the approval of the Employer, provided that the rental rate for the alternative housing is less than or comparable to hotel or motel rates and provided that the rental residence is available to all potential renters. When reviewing requests for rental of alternative short-term housing, the Employer may take into account the lower cost of groceries for the employee compared to reimbursement for restaurant for restaurant meals.

other to travel twice between the old and new work locations prior to the time

of the move, including meals, mileage and lodging, not to exceed a total of

seven (7) calendar days.

new work location at the time of the move, consistent with the provisions of

Article 21 on Expense Reimbursement.

24.1 State Employee Group Insurance Program. During the life of this Agreement, the Employer shall provide a Group Insurance Program that includes health, dental, life, and disability coverage equivalent to existing coverage, subject to the provisions of this Article.

24.2 Eligibility for Group Participation. This section describes eligibility to participate in the Group Insurance Program.

Assistant District Public Defenders and Assistant State Public Defenders and

their employees may participate in the Group Insurance Program

to participate in the Group Insurance Program:

2) Employees with a Work-related Injury/Disability. An employee who

was off the State payroll due to a work-related injury or a work-related

disability may continue to participate in the Group Insurance Program

as long as such an employee receives workers' compensation

payments or while the workers' compensation claim is pending.

3) Totally Disabled Employees. Consistent with M.S. 62A. 148, certain

totally disabled employees may continue to participate in the Group

Insurance Program.

4) Retired Employees. An employee who retires from State service, is

not eligible for regular (non-disability) Medicare coverage, has five (5)

or more years of allowable pension service, and is entitled at the time

of retirement to receive an annuity under a State retirement program,

may continue to participate in the health and dental coverage offered

through the Group Insurance Program.

Consistent with M.S. 43A.27, Subdivision 3, a retired employee of the

State who receives an annuity under a State retirement program may

continue to participate in the health and dental coverage offered

through the Group Insurance Program. Retiree coverage must be

coordinated with Medicare.

24.5 Eligibility for Employer Contribution. This section describes eligibility for an Employer Contribution toward the cost of coverage.

covered by this Article receive the full Employer Contribution:

1) Employees who are scheduled to work at least forty (40) hours weekly

2) Employees who are scheduled to work as least forty (40) hours per

pay period for twelve (12) consecutive months.

Contribution:

Employer Contribution and who is off the State payroll due to a work

related injury or a work-related disability remains eligible for an

Employer Contribution as long as such an employee receives

workers' compensation payments. If such employee ceases to receive

workers' compensation payments for the injury or disability and is

granted a disability leave, he or she shall be eligible for an Employer

Contribution during that leave.

contributes an amount equal to the lesser of one hundred (100)

percent of the employee-only premium of the Low Cost Health Plan,

or the actual employee-only premium of the health plan chosen by the

2) Dependent Coverage. For dependent health coverage, the Employer

1) Employee Coverage. For employee dental coverage, the Employer

2) Dependent Coverage. For dependent dental coverage, the Employer

Basic Life and Accidental Death and Dismemberment Coverage. The Employer agrees to provide and pay for term life coverage and accidental death and dismemberment coverage for all employees.

term disability coverage that provides benefits of from three hundred

dollars ($300) to two thousand dollars ($2,000) per month, up to two

thirds (2/3) of an employee's salary, for up to one hundred eighty

(180) calendar days during total disability due to a non-occupational

accident or a non-occupational sickness. Benefits are paid from the

first day of a disabling injury or from the eighth day of a disabling

sickness. Coverage applied for within sixty (60) calendar days of hire

or becoming, insurance eligible does not require evidence of

insurability.

F. Accidental Death and Dismemberment Coverage. An employee may purchase accidental death and dismemberment coverage that provides principal sum benefits in amounts ranging from five thousand dollars ($5,000) to one hundred thousand dollars ($100,000). After sixty (60) calendar days from the date of hire, any amount in excess of the initial fifteen thousand dollars ($15,000) requires evidence of insurability. Payment is made only for accidental bodily injury or death and may vary, depending upon the extent of dismemberment. An employee may also purchase from five thousand dollars ($5,000) to twenty five thousand dollars ($25, 000) in coverage for his or her spouse, but not in excess of the amount carried by the employee.

25.1 An employee's employment status shall not be changed without the employee's consent.

26.2 Written notice of the Employers intent to transfer an employee shall be given to the employee at least thirty (30) days in advance of the proposed transfer. The written notice shall be signed and dated by the Employer and the thirty (30) day time period shall not begin until the date the employee receives such notice.

The employee shall, in writing, respond to the Employer within fifteen (15) working days of receipt of notice. Failure to respond shall be deemed consent to proposed transfer. Failure to consent to transfer shall not be grounds for discipline.

29.1 STANDARD WORK SCHEDULES: The standard work day consists of eight (8) hours of work within a twenty-four (24) hour period, exclusive of a duty-free unpaid meal period.

29.3 The nature of the work, however, dictates that professional employee's work hours be whatever is needed to properly represent our clients. The employee shall earn one (1) hour of compensatory time for each hour exceeding the standard work day.

29.4 COMPENSATORY TIME: All hours worked in excess of the employee's standard work day or work on a regularly scheduled day off, for the purposes of this article, all paid leave time (vacation, sick leave, compensatory time off, or paid leaves of absence) shall be considered time worked.

29.5 Part-time employees working more than the minimum require annual hourly allotments shall accrue compensatory time.

At the option of the part-time employee, compensatory time shall either be taken in the form of cash payment or carried over year to year to fulfil annual hourly requirements for purposes of earning salary and benefits.

29.6 USE OF COMPENSATORY TIME: Employees shall be permitted to use compensatory time off in the same manner as vacation. Compensatory time may not be taken during the payroll period earned.

29.7 WORK AT HOME: The Employer may grant employees the ability to work at their home provided that 1) the normal work of the office is not adversely affected, 2) the employee provides a detailed work schedule including hours and assignments, 3) the Employer can monitor work product and hours, 4) the employee can be readily contacted, and 5) the Administrative Services Office is notified at least 10 working days in advance. Continuation of and conditions of the work at home are at the sole discretion of the Employer. The Employer may discontinue to change the employee's work at home at any time by giving the employee ten working days notice of the intent to discontinue to change the employee's schedule. The work at home may not exceed 90 calendar days, and may be extended for an additional 90 calendar days with the approval of the Employer.

30.1 Flexible Work Schedules. An employee may request a modification of his or her current work schedule. The Employer shall approve flexible work schedules unless it adversely affects the operation of the employees work location.

30.2 Job Sharing. Two employees may request to convert a full-time position into a "shared position" as set forth in Minn. Stat. §43A.40 to 43A.46 excluding 43A.42. The Employer shall approve a job sharing request unless it adversely effects employees' work location.

31.1 Neither the Employer nor the Union shall discriminate against any employee because of Union membership or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age.

31.2 The Employer will take such actions as are necessary to comply with the Americans With Disabilities Act in order to reasonably accommodate an employee. When a reasonable accommodation is required or requested, the Employer will meet and discuss reasonable accommodation options with the employee and the Union before the Employer takes action.

32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded.

32.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed.