In order to place participants in unpaid work, the following conditions must be met.

If a union workplace is the site of a paid work experience:

· The County must notify the appropriate exclusive bargaining representatives in writing at least 14 days before an MFIP participant would begin the temporary work experience. The notification must include:

· The number of paid work experience participants involved.

· Their work locations.

· Their anticipated hours of work.

· A summary of the work to be performed.

· A description of how the participants will be trained and supervised.

· Counties should not place MFIP participants in a position that is vacant because of a lay-off or earlier downsizing or termination – unless the employer first offers the position to the employee who was laid off and then to current employees for whom the position would be a promotion.

· If those individuals turn down the position, the participant may be placed in that position for work experience or community service.

· The county or employer must notify the bargaining unit.

· The bargaining unit must agree in writing to the placement.

· The county must ensure that no MFIP work experience participants are placed in a work assignment that results in the:

· Termination, lay off or reduction of work hours of an employee;

· Hiring that participant after the work experience if any other employee is on lay-off from the same or substantially equivalent job.

· Infringing the promotional opportunities of any current employees.

· Impair any existing contract for services of the collective bargaining agreement.

· The paid work participant filling an established vacant position – except for on-the-job training.

If the County delegates these responsibilities to employment services, the county is responsible to make sure the criteria are met.

MFIP work experiences for public employers cannot be longer than 67 working days or 536 hours – whichever is greater.

· A participant who exceeds those time limits is a public employee.

· If a bargaining unit makes a written request about the hours worked by a participant in work experience or community service assignment, a county or public service employer must make that information available.

Handle disputes between an exclusive bargaining representative and a County or public employer as follows:

If the dispute is about whether job duties are within the scope of the collective bargaining agreement:

· The County or public employer may petition the Bureau of Mediation Services to determine if the job duties are within the scope of a collective bargaining unit.

· The Bureau will issue a binding decision.

If the dispute is about whether there has been a violation of the non-displacement provisions:

· The parties may use a grievance and arbitration procedure of an existing collective bargaining agreement.

· If no such procedure is in place, either party may submit the dispute to the Bureau of Mediation Services.

· The Bureau’s commissioner shall establish a procedure for a neutral, binding resolution.

An Injury Protection Program must be in place.

This requirement applies to:

· The Minnesota Family Investment Program.

· MFIP tribal employment services agencies’ unpaid work experience programs.

The state provides this coverage for any unpaid work experience program approved by the Commissioner of Human Services through the Biennial Service Agreement and operated by:

· A county agency.

· A tribal employment service agency.

· A Minnesota state agency.

Counties that want to offer unpaid work experience programs must submit their plans for an unpaid work experience program to the Department of Children, Youth, and Families for approval.

· This should be described in the agency’s MFIP Biennial Service Agreement.

All unpaid work programs need to meet the requirements of the Fair Labor Standards Act. For more information see 11.12 (Fair Labor Standards).