1999 Minnesota Statutes

     43A.33 Grievances. 

    Subdivision 1.    Discharge, suspension, demotion for 
 cause, salary decrease.  Managers and employees shall attempt 
 to resolve disputes through informal means prior to the 
 initiation of disciplinary action.  No permanent employee in the 
 classified service shall be reprimanded, discharged, suspended 
 without pay, or demoted, except for just cause. 

    Subd. 2.    Just cause.  For purposes of this section, 
 just cause includes, but is not limited to, consistent failure 
 to perform assigned duties, substandard performance, 
 insubordination, and serious violation of written policies and 
 procedures, provided the policies and procedures are applied in 
 a uniform, nondiscriminatory manner.  

    Subd. 2a.    Abuse.  In an arbitration or hearing 
 proceeding involving discipline of an employee for allegedly 
 abusing a resident of a state hospital or a state nursing home, 
 "abuse" includes but is not limited to:  

    (1) Conduct which constitutes abuse under policies or 
 procedures adopted by state hospitals or state nursing homes; or 

    (2) Any act which constitutes a violation under sections 
 609.221 to 609.235, 609.322, 609.342, 609.343, 609.344, or 
 609.345; or 

    (3) The intentional and nontherapeutic infliction of 
 physical pain or injury, or any persistent course of conduct 
 intended to produce mental or emotional distress. 

    Subd. 3.    Procedures.  Procedures for discipline and 
 discharge of employees covered by collective bargaining 
 agreements shall be governed by the agreements.  Procedures for 
 employees not covered by a collective bargaining agreement shall 
 be governed by this subdivision and by the commissioner's and 
 managerial plans.  

    (a) For discharge, suspension without pay or demotion, no 
 later than the effective date of such action, a permanent 
 classified employee not covered by a collective bargaining 
 agreement shall be given written notice by the appointing 
 authority.  The content of that notice as well as the employee's 
 right to reply to the appointing authority shall be as 
 prescribed in the grievance procedure contained in the 
 applicable plan established pursuant to section 43A.18.  The 
 notice shall also include a statement that the employee may 
 elect to appeal the action to the office of administrative 
 hearings within 30 calendar days following the effective date of 
 the disciplinary action.  A copy of the notice and the 
 employee's reply, if any, shall be filed by the appointing 
 authority with the commissioner no later than ten calendar days 
 following the effective date of the disciplinary action.  The 
 commissioner shall have final authority to decide whether the 
 appointing authority shall settle the dispute prior to the 
 hearing provided under subdivision 4. 

    (b) For discharge, suspension, or demotion of an employee 
 serving an initial probationary period, and for noncertification 
 in any subsequent probationary period, grievance procedures 
 shall be as provided in the plan established pursuant to section 
 43A.18. 

    (c) Any permanent employee who is covered by a collective 
 bargaining agreement may elect to appeal to the chief 
 administrative law judge within 30 days following the effective 
 date of the discharge, suspension, or demotion if the collective 
 bargaining agreement provides that option.  In no event may an 
 employee use both the procedure under this section and the 
 grievance procedure available pursuant to sections 179A.01 to 
 179A.25.  

    Subd. 4.    Appeals; public hearings, findings.  Within 
 ten days of receipt of the employee's written notice of appeal, 
 the chief administrative law judge shall assign an 
 administrative law judge to hear the appeal. 

    The hearing shall be conducted pursuant to the contested 
 case provisions of chapter 14 and the procedural rules adopted 
 by the chief administrative law judge.  If the administrative 
 law judge finds, based on the hearing record, that the action 
 appealed was not taken by the appointing authority for just 
 cause, the employee shall be reinstated to the position, or an 
 equal position in another division within the same agency, 
 without loss of pay.  If the administrative law judge finds that 
 there exists sufficient grounds for institution of the 
 appointing authority's action but the hearing record establishes 
 extenuating circumstances, the administrative law judge may 
 reinstate the employee, with full, partial, or no pay, or may 
 modify the appointing authority's action.  The administrative 
 law judge's order shall be the final decision, but it may be 
 appealed according to the provisions of sections 14.63 to 14.68. 
 Settlement of the entire dispute by mutual agreement is 
 encouraged at any stage of the proceedings.  Any settlement 
 agreement shall be final and binding when signed by all parties 
 and submitted to the chief administrative law judge of the 
 office of administrative hearings.  Except as provided in 
 collective bargaining agreements the appointing authority shall 
 bear the costs of the administrative law judge for hearings 
 provided for in this section. 

    HIST: 1981 c 210 s 33; 1982 c 424 s 130; 1982 c 560 s 31-33; 
 1984 c 425 s 1; 1984 c 462 s 27; 1984 c 544 s 82,83; 1986 c 444; 
 1987 c 186 s 10