SF 1693

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to labor relations; requiring employers to 
  1.3             recognize certain employee organizations; defining 
  1.4             public employer for the purposes of the public 
  1.5             employment labor relations act; amending Minnesota 
  1.6             Statutes 1996, sections 179A.03, subdivision 15; and 
  1.7             179A.12, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 179A.03, 
  1.10  subdivision 15, is amended to read: 
  1.11     Subd. 15.  [PUBLIC EMPLOYER.] "Public employer" or 
  1.12  "employer" means:  
  1.13     (a) the state of Minnesota for employees of the state not 
  1.14  otherwise provided for in this subdivision or section 179A.10 
  1.15  for executive branch employees; 
  1.16     (b) the board of regents of the University of Minnesota for 
  1.17  its employees; and 
  1.18     (c) notwithstanding any other law to the contrary, the 
  1.19  governing body of a political subdivision or its agency or 
  1.20  instrumentality which has final budgetary approval authority for 
  1.21  its employees.  However, the views of elected appointing 
  1.22  authorities who have standing to initiate interest arbitration, 
  1.23  and who are responsible for the selection, direction, 
  1.24  discipline, and discharge of individual employees shall be 
  1.25  considered by the employer in the course of the discharge of 
  1.26  rights and duties under sections 179A.01 to 179A.25; and 
  2.1      (d) a private employer who is successful in winning a 
  2.2   competitive bidding process let by the state of Minnesota. 
  2.3      When two or more units of government subject to sections 
  2.4   179A.01 to 179A.25 undertake a project or form a new agency 
  2.5   under law authorizing common or joint action, the employer is 
  2.6   the governing person or board of the created agency.  The 
  2.7   governing official or body of the cooperating governmental units 
  2.8   shall be bound by an agreement entered into by the created 
  2.9   agency according to sections 179A.01 to 179A.25. 
  2.10     "Public employer" or "employer" does not include a 
  2.11  "charitable hospital" as defined in section 179.35, subdivision 
  2.12  2.  
  2.13     Nothing in this subdivision diminishes the authority 
  2.14  granted pursuant to law to an appointing authority with respect 
  2.15  to the selection, direction, discipline, or discharge of an 
  2.16  individual employee if this action is consistent with general 
  2.17  procedures and standards relating to selection, direction, 
  2.18  discipline, or discharge which are the subject of an agreement 
  2.19  entered into under sections 179A.01 to 179A.25. 
  2.20     Sec. 2.  Minnesota Statutes 1996, section 179A.12, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 2a.  [RECOGNITION OF EMPLOYEE ORGANIZATION BY 
  2.23  EMPLOYER.] An employer shall recognize and the commissioner 
  2.24  shall certify an employee organization as an exclusive 
  2.25  representative in an appropriate unit if the employee 
  2.26  organization represents 60 percent of employees in the 
  2.27  appropriate unit.  In determining the percent of employees 
  2.28  represented by an employee organization for purposes of this 
  2.29  subdivision, the commissioner shall require dated representation 
  2.30  authorization signatures of affected employees as verification 
  2.31  of the statement of support by the representative of employees.  
  2.32  The authorization signatures are privileged confidential 
  2.33  information available only to the commissioner.  This 
  2.34  subdivision does not reduce the time period or nullify any bar 
  2.35  to the certification of the employee organization.