SF 3208

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public employment; eliminating a 
  1.3             requirement that collective bargaining agreements with 
  1.4             state employees be approved by the legislature; 
  1.5             amending Minnesota Statutes 2000, sections 3.855, 
  1.6             subdivision 2; 43A.18, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 3.855, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [STATE EMPLOYEE NEGOTIATIONS.] (a) The 
  1.11  commissioner of employee relations shall regularly advise the 
  1.12  commission on the progress of collective bargaining activities 
  1.13  with state employees under the state Public Employment Labor 
  1.14  Relations Act.  During negotiations, the commission may make 
  1.15  recommendations to the commissioner as it deems appropriate but 
  1.16  no recommendation shall impose any obligation or grant any right 
  1.17  or privilege to the parties.  
  1.18     (b) The commissioner shall submit to the chair of the 
  1.19  commission any negotiated collective bargaining agreements, 
  1.20  arbitration awards, compensation plans, or salaries for 
  1.21  legislative approval or disapproval.  Negotiated agreements 
  1.22  shall be submitted within five days of the date of approval by 
  1.23  the commissioner or the date of approval by the affected state 
  1.24  employees, whichever occurs later.  Arbitration awards shall be 
  1.25  submitted within five days of their receipt by the 
  1.26  commissioner.  If the commission disapproves a collective 
  2.1   bargaining agreement, award, compensation plan, or salary, the 
  2.2   commission shall specify in writing to the parties those 
  2.3   portions with which it disagrees and its reasons.  If the 
  2.4   commission approves a collective bargaining agreement, award, 
  2.5   compensation plan, or salary, it shall submit the matter to the 
  2.6   legislature to be accepted or rejected under this section.  
  2.7      (c) When the legislature is not in session, the commission 
  2.8   may give interim approval to a negotiated collective bargaining 
  2.9   agreement, salary, compensation plan, or arbitration award.  
  2.10  When the legislature is not in session, failure of the 
  2.11  commission to disapprove a collective bargaining agreement or 
  2.12  arbitration award within 30 days constitutes approval.  The 
  2.13  commission shall submit the negotiated collective bargaining 
  2.14  agreements, salaries, compensation plans, or arbitration awards 
  2.15  for which it has provided approval to the entire legislature for 
  2.16  ratification at a special legislative session called to consider 
  2.17  them or at its next regular legislative session as provided in 
  2.18  this section.  Approval or disapproval by the commission is not 
  2.19  binding on the legislature. 
  2.20     (d) When the legislature is not in session, the proposed 
  2.21  collective bargaining agreement, arbitration decision, salary, 
  2.22  or compensation plan must be implemented upon its approval by 
  2.23  the commission, and state employees covered by the proposed 
  2.24  agreement or arbitration decision do not have the right to 
  2.25  strike while the interim approval is in effect.  Wages and 
  2.26  economic fringe benefit increases provided for in the agreement 
  2.27  or arbitration decision paid in accordance with the interim 
  2.28  approval by the commission are not affected, but the wages or 
  2.29  benefit increases must cease to be paid or provided effective 
  2.30  upon the rejection of the agreement, arbitration decision, 
  2.31  salary, or compensation plan, or upon adjournment of the 
  2.32  legislature without acting on it. 
  2.33     Sec. 2.  Minnesota Statutes 2000, section 43A.18, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [COLLECTIVE BARGAINING AGREEMENTS.] Except 
  2.36  as provided in section 43A.01 and to the extent they are covered 
  3.1   by a collective bargaining agreement, the compensation, terms 
  3.2   and conditions of employment for all employees represented by an 
  3.3   exclusive representative certified pursuant to chapter 179A 
  3.4   shall be governed solely by the collective bargaining agreement 
  3.5   executed by the parties and approved by the legislature. 
  3.6      Sec. 3.  [EFFECTIVE DATE.] 
  3.7      Sections 1 and 2 are effective the day following final 
  3.8   enactment.