MSUAASF/Teamsters Local 320 Strike
Frequently Asked Questions
Dues-paying ASF employees are union members, and are represented by Minnesota Teamsters Local 320 (Minneapolis). As Teamsters employed by Minnesota State, you have the right to engage in a legally sanctioned work stoppage or strike under Chapter 179A of the Minnesota Statutes, the Public Employees Labor Relations Act (PELRA).
Minnesota State University Association of Administrative and Service Faculty are considered non-essential employees under PELRA. For state employees, PELRA defines essential employees to mean “all employees in law enforcement, public safety radio communications operators, health care professionals, correctional guards, professional engineering, and supervisory collective bargaining units, irrespective of severance, and no other employees.” (Minn. Stat. § 179A.03, Subd. 7). Per § 179A.18, Subd. 1(1) “Non-essential employees may strike when the collective bargaining agreement between their exclusive representative and their employer has expired or impasse has occurred; and the exclusive representative and the employer have participated in state-facilitated mediation over a period of at least 45 days.”
NOTE: Unless you belong to one of the professions or bargaining units indicated in Minn. Stat. § 179A.03, Subd. 7 (listed above), your status as an essential employee on your campus for weather or other emergencies does not restrict you from the ability to strike. Even if you perform some supervisory functions over other employees, ASF is not considered a supervisory collective bargaining unit. Our medical doctors who are ASF employees would not be considered medical professionals under the essential employee definition as they do not work for a public hospital
What is Minnesota State failing to negotiate?
In 2023, ASF and Teamsters Local 320 surveyed members for their top issues going into collective bargaining. The results can be parsed into two categories: wages/salaries (livable wages) and terms and conditions of employment. The priorities were consistent across all seven Minnesota State Universities.
Unfortunately, Management has refused to adequately negotiate any item pertaining to livable wages and issues of economic equity. More importantly, Management has not provided our negotiations team with any considerable movement on wages/salaries. This conflicts with Teamster Local 320’s examination of Minnesota State’s biennial budget and its ability to afford larger wage/salary increases.
Is there a number I can call for updates?
Yes! Teamsters Local 320 has established a hotline with a recording with updates: 612-378-8706.
If we strike, what resources will Teamsters provide for ASF members?
An ASF member (one who pays union dues) will receive strike benefits from Day 1 and get five (5) times their monthly dues rate per week. Four (4) days into a strike counts as five (5) days for payment with a base minimum of $200 per week. If union dues per month are $50, then the strike benefit will be $250 per week. If the strike duration is shorter than four (4) days, a Teamster member will receive a prorated payment based on the formula above. In order to receive the strike benefit, members are expected to be at the picket line unless excused by Teamsters Local 320 (schedules will be based on regular work hours).
Teamsters Joint Council 32 facilitates a food bank for unemployed and /or hard-pressed Teamsters in Minnesota. Teamsters Local 320 members will qualify for food assistance while on strike.
Teamsters Local 320 will also organize and build up a hardship fund to provide gift cards and other amenities for Teamster members on strike.
My director (who is also ASF) has said that they will not be striking, and has shared that with management. Does that mean I cannot strike?
ASF members may legally strike, regardless of what their directors choose to do.
Will non dues-paying ASF employees have access to Teamster benefits while on strike?
ASF employees who choose not to pay dues cannot access or receive member benefits per Teamsters Local 320 bylaws and the International Brotherhood of Teamsters constitution and bylaws. Become a union member by submitting the application here: https://form.jotform.com/92235047437154
If I participate in a strike, will Management discipline, replace, or retaliate against me?
No, your right to strike is protected by Chapter 179A of the Minnesota Statutes (PELRA). Under PELRA, you are able to exercise your right to strike free from discipline, retaliation or permanent replacement.
What if I choose to not honor the strike and cross the picket line?
Crossing a sanctioned union picket line is likely to result in losing union membership per the International Brotherhood of Teamsters constitution and bylaws.
If someone has health reasons not to picket, what is the response from Teamsters?
They may be excused from participating. The member should reach out to Brian Aldes at Teamsters Local 320 at (612) 378-8700.
Should a person have a disability or condition that prevents them from being on the line for 8+ hours, how are those situations handled?
Teamsters Local 320 will ensure there are support mechanisms in place, and the community will also provide some support. Contact Brian Aldes (612) 378-8700 for assistance.
Is striking considered a break in service?
This would need to be negotiated in a return-to-work contract, including vacation/sick accruals, contributions to retirement, etc.
Can a non dues-paying ASF employee honor the picket line or will they be subject to discipline from the employer?
An ASF employee who chooses not to pay dues is protected from discipline and retaliation under Chapter 179A of the Minnesota Statutes (PELRA) and can engage in a work stoppage/strike with their union colleagues. However, non dues-paying members cannot access or receive member benefits per Teamsters Local 320 bylaws and the International Brotherhood of Teamsters constitution and bylaws.
What will happen to my student loans if I strike and I’m on the Public Service Loan Forgiveness (PSLF) program?
Since a strike is protected activity under state law the employee can and will continue the PSLF program unabated. A striking worker is still an employee of the agency during a strike, so there is no perceived break in public service by the Department of Education Federal Student Aid Department.
What happens to my benefits and accruals if I am on strike?
Health insurance benefits will continue until the monthly period for coverage has expired. After that, members would have to take on COBRA payments to continue their current insurance coverage until the strike has ended. We realize that COBRA payments can be very expensive. Other employee benefits (i.e., vacation, sick leave, retirement) will not accrue while employees are on strike.
Should probationary employees honor a picket line?
Yes, a probationary employee is protected from discipline and retaliation under Chapter 179A of the Minnesota Statutes (PELRA) and can engage in a work stoppage or strike with their union colleagues.
What is a strike authorization vote?
A strike authorization vote is conducted by the union and does not put members on a path to strike such as voting down a final offer or filing its intent to strike with the Minnesota Bureau of Mediation Services (MNBMS). A strike authorization vote isn’t binding but can send a huge message to Minnesota State, the State Legislature, the media and the general public. Please understand: A strike authorization vote is non-binding; it’s an internal union activity and does not mean that ASF union members are obligated to strike in the future.
NOTE: Per the Section 8 of the MSUAASF bylaws, “Upon approval of at least two-thirds of the members voting in the strike authorization election, the Board of Directors may call for a strike at a time that they select that is consistent with Minnesota Law, in consultation with the Negotiations Committee and with the approval of the certified exclusive representative.”
What happens if we vote down a final offer from MinnState?
If Minnesota State presents the negotiations team with a final offer in state-facilitated mediation, then ASF must send it out for a vote to all members for a vote. The vote will be to “accept” the final offer or to “reject and strike.” If the offer is rejected, Teamsters Local 320 will file its intent to strike with Minnesota State and the MNBMS Commissioner.
What happens when Teamsters Local 320 files its intent to strike with the MNBMS?
When an intent to strike is filed in writing, a 10-day cooling off period will commence. After the 10-day cooling off process concludes, the MNBMS Commissioner will bring the two sides back into mediation. If the mediation fails to produce results, the MNBMS Commissioner can declare an impasse and Teamster members can legally engage in a work stoppage or strike.
If ASF would strike, what would happen to my tuition waiver (for myself or my dependents)?
If you have applied for a tuition waiver and it has been approved (or been paid) while you are on payroll, then it cannot be taken away. We encourage you to submit your tuition waiver application as soon as possible to ensure it is approved.
What happens if I am on an approved leave (or have an approved leave coming up) and ASF goes on strike (vacation, sick leave, parental leave, FMLA, etc.)?
If ASF goes on strike and you have vacation or sick leave during that time, it would be unpaid during the strike. Parental leave cannot be revoked but it would be unpaid. FMLA leave cannot be revoked (but if you are using sick leave with FMLA, it would be unpaid).
For ASF members who are working via an international visa at their university, does a strike affect my status?
The visa cannot be revoked if an ASF member goes on strike. The individual is still an employee and would return to work when the dispute is resolved.
For Residence Hall Directors, will on-campus housing be impacted if ASF goes on strike?
On-campus housing cannot be revoked. It is a term and condition of employment outside the contract. However, the payment of the utilities (internet, etc.) is covered by the contract and the employer could stop paying the utilities during the strike.
What happens if I am using my short-term disability or long-term disability insurance benefits and we go on strike?
According to The Hartford who administers the State of Minnesota’s disability insurance, short-term and long-term disability insurance are considered voluntary benefits as the premiums are only paid by the employee. Similar to medical insurance, coverage would go through the end of the month as premiums would be paid in our paychecks in August. However, if a strike would go past August 30, there is no way to continue the coverage through them until ASF employees would return to work. So short-term disability and long-term disability benefits would temporarily cease. Employees should contact your campus benefits administrator with more specific questions like when/how the coverage would resume should a strike run past the end of August, how the strike impacts the timelines outlined in disability benefits, etc.
I received a letter from Katie at Teamsters Local 320 indicating that they need my social security number in order to receive strike benefits as they don’t have it on file with my membership application.
What is the deadline for giving that information?
Based on when Teamsters Local 320 needs to communicate with the International Brotherhood of Teamsters regarding strike benefits and how many members would be eligible, anyone who must submit their social security number must contact Katie (phone or email that is listed in the letter) no later than Wednesday, July 26.
When will we know the results of the strike authorization vote?
The State ASF Board and Teamsters Local 320 must certify the vote. The results will be communicated to the membership by the end of July.
I’m assigned to teach a course. What happens if ASF goes on strike?
If the teaching is NOT in your ASF position description and you are on an IFO Adjunct/Community Faculty contract, you would still follow through on your teaching and classroom responsibilities and would not be penalized for coming onto campus to perform that work. If the teaching IS a part of your ASF position description (ASF members can teach up to 49% of their time), you would be on strike as those duties are covered under your ASF contract. You would not carry out those teaching and classroom responsibilities during the time of the strike.
My supervisor/administrator has asked me to provide training, step-by-step procedures, and/or contingency planning should ASF go on strike. Do I need to comply with their requests?
Yes, you need to follow directions given to you by your supervisor, manager, or administrator, and work to provide them with the information they request. If you do not comply, you could be disciplined for insubordination.
My supervisor/administrator has asked if I would be striking or if I would cross the picket line and report to work should ASF go on strike. Is this allowed? Should I respond?
It is an unfair labor practice for a supervisor or administrator to ask your plans for the strike, and you are not compelled to answer their question. As non-essential employees under State statute, ASF employees have the right to strike (including non-dues paying ASF employees). If this happens to you, please contact your campus negotiator who will get the information to the State ASF Executive Committee and Teamsters Local 320 leadership.
Please reach out to your campus negotiator if you have additional questions.