HF 346

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

  1.1                          A bill for an act 
  1.2             relating to education; creating one statewide 
  1.3             bargaining unit for all kindergarten through grade 12 
  1.4             teachers employed by school districts; providing 
  1.5             statewide bargaining revenue; amending Minnesota 
  1.6             Statutes 2000, sections 126C.10, subdivision 1, and by 
  1.7             adding a subdivision; 179A.03, subdivisions 2 and 15; 
  1.8             179A.04, subdivision 2; 179A.12, subdivision 1; 
  1.9             179A.18, subdivision 2; and 179A.20, subdivision 3; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 179A. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 126C.10, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [GENERAL EDUCATION REVENUE.] For fiscal 
  1.16  year 2000 2002 and thereafter, the general education revenue for 
  1.17  each district equals the sum of the district's basic 
  1.18  revenue, statewide bargaining revenue, basic skills revenue, 
  1.19  training and experience revenue, secondary sparsity revenue, 
  1.20  elementary sparsity revenue, transportation sparsity revenue, 
  1.21  total operating capital revenue, equity revenue, referendum 
  1.22  offset adjustment, transition revenue, and supplemental revenue. 
  1.23     [EFFECTIVE DATE.] This section is effective the day 
  1.24  following final enactment and applies to the July 1, 2001, to 
  1.25  June 30, 2003, collective bargaining agreement and later. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 126C.10, is 
  1.27  amended by adding a subdivision to read: 
  1.28     Subd. 2a.  [STATEWIDE BARGAINING REVENUE.] (a) "Salary and 
  2.1   benefit expense" means the total salary costs and benefit costs 
  2.2   including the employer's share of medical, hospitalization, 
  2.3   dental, life insurance, short-term and long-term disability 
  2.4   expenses, and other employment-related expenses negotiated under 
  2.5   section 179A.115. 
  2.6      (b) Each year, a school district is eligible for revenue to 
  2.7   compensate the district for changes in teacher salary and 
  2.8   benefits that occur as a result of the statewide collective 
  2.9   bargaining agreement for teachers. 
  2.10     (c) Statewide collective bargaining revenue for each school 
  2.11  district equals the sum of the difference between: 
  2.12     (1) the salary and benefit expense for each teacher that 
  2.13  the district employed during the previous school year; and 
  2.14     (2) the salary and benefit expense for that teacher during 
  2.15  the current fiscal year. 
  2.16     [EFFECTIVE DATE.] This section is effective the day 
  2.17  following final enactment and applies to the July 1, 2001, to 
  2.18  June 30, 2003, collective bargaining agreement and later. 
  2.19     Sec. 3.  Minnesota Statutes 2000, section 179A.03, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [APPROPRIATE UNIT.] "Appropriate unit" or "unit" 
  2.22  means a unit of employees determined under sections 179A.09 to 
  2.23  179A.11.  For school districts, the term means all the teachers 
  2.24  in, the district term means the statewide teacher unit created 
  2.25  by sections 179A.04, subdivision 2, and 179A.115.  
  2.26     [EFFECTIVE DATE.] This section is effective the day 
  2.27  following final enactment and applies to the July 1, 2001, to 
  2.28  June 30, 2003, collective bargaining agreement and later. 
  2.29     Sec. 4.  Minnesota Statutes 2000, section 179A.03, 
  2.30  subdivision 15, is amended to read: 
  2.31     Subd. 15.  [PUBLIC EMPLOYER OR EMPLOYER.] "Public employer" 
  2.32  or "employer" means:  
  2.33     (a) the state of Minnesota for employees of the state not 
  2.34  otherwise provided for in this subdivision or section 179A.10 
  2.35  for executive branch employees; 
  2.36     (b) the board of regents of the University of Minnesota for 
  3.1   its employees; 
  3.2      (c) the state court administrator for court employees; 
  3.3      (d) the state board of public defense for its employees; 
  3.4   and 
  3.5      (e) notwithstanding any other law to the contrary, the 
  3.6   governing body of a political subdivision or its agency or 
  3.7   instrumentality which has final budgetary approval authority for 
  3.8   its employees except as provided in subdivision 2.  However, the 
  3.9   views of elected appointing authorities who have standing to 
  3.10  initiate interest arbitration, and who are responsible for the 
  3.11  selection, direction, discipline, and discharge of individual 
  3.12  employees shall be considered by the employer in the course of 
  3.13  the discharge of rights and duties under sections 179A.01 to 
  3.14  179A.25.  
  3.15     When two or more units of government subject to sections 
  3.16  179A.01 to 179A.25 undertake a project or form a new agency 
  3.17  under law authorizing common or joint action, the employer is 
  3.18  the governing person or board of the created agency.  The 
  3.19  governing official or body of the cooperating governmental units 
  3.20  shall be bound by an agreement entered into by the created 
  3.21  agency according to sections 179A.01 to 179A.25.  
  3.22     "Public employer" or "employer" does not include a 
  3.23  "charitable hospital" as defined in section 179.35, subdivision 
  3.24  2.  
  3.25     Nothing in this subdivision diminishes the authority 
  3.26  granted pursuant to law to an appointing authority with respect 
  3.27  to the selection, direction, discipline, or discharge of an 
  3.28  individual employee if this action is consistent with general 
  3.29  procedures and standards relating to selection, direction, 
  3.30  discipline, or discharge which are the subject of an agreement 
  3.31  entered into under sections 179A.01 to 179A.25.  
  3.32     [EFFECTIVE DATE.] This section is effective the day 
  3.33  following final enactment and applies to the July 1, 2001, to 
  3.34  June 30, 2003, collective bargaining agreement and later. 
  3.35     Sec. 5.  Minnesota Statutes 2000, section 179A.04, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [UNIT DETERMINATION.] Except as provided in 
  4.2   section 179A.03, subdivision 2, the commissioner shall determine 
  4.3   appropriate units, under the criteria of section 179A.09.  
  4.4      [EFFECTIVE DATE.] This section is effective the day 
  4.5   following final enactment and applies to the July 1, 2001, to 
  4.6   June 30, 2003, collective bargaining agreement and later. 
  4.7      Sec. 6.  [179A.115] [STATEWIDE BARGAINING UNIT FOR TEACHERS 
  4.8   EMPLOYED BY SCHOOL DISTRICTS.] 
  4.9      Subdivision 1.  [SINGLE STATEWIDE UNIT CREATED FOR CONTRACT 
  4.10  NEGOTIATIONS.] A unit is established to include all teachers in 
  4.11  Minnesota employed by school districts.  The unit must consist 
  4.12  only of teachers.  The teachers remain employees of their 
  4.13  individual school districts for purposes other than contract 
  4.14  negotiations and grievance arbitration. 
  4.15     Subd. 2.  [EMPLOYER DEFINED.] (a) For the purpose of 
  4.16  contract negotiations under this chapter, the commissioner of 
  4.17  children, families, and learning is the employer for all 
  4.18  teachers covered under this section.  In this capacity, the 
  4.19  commissioner: 
  4.20     (1) is the public employer for purposes of this chapter; 
  4.21     (2) has the sole authority to negotiate and enter into a 
  4.22  collective bargaining agreement under this chapter that is 
  4.23  binding on all school boards in the state; 
  4.24     (3) has final authority to decide if a grievance arising 
  4.25  under the collective bargaining agreement will be settled; and 
  4.26     (4) may sue and be sued in the commissioner's name. 
  4.27     (b) The commissioner must not delegate the authority 
  4.28  granted under paragraph (a), clauses (1) and (2), to local 
  4.29  school boards or other political subdivisions of the state.  The 
  4.30  commissioner must negotiate a single salary schedule for all 
  4.31  teachers in the state.  The commissioner may enter into a 
  4.32  supplemental agreement that applies only to one or more school 
  4.33  districts if the supplemental agreement does not interfere with 
  4.34  teachers' single salary schedule.  The commissioner may delegate 
  4.35  authority to settle grievances to local school boards but must 
  4.36  not delegate the authority to decide if a grievance will be 
  5.1   submitted to arbitration or settled without arbitration. 
  5.2      Subd. 3.  [GRANDPARENT CLAUSE.] Teachers' contractual 
  5.3   rights cannot be reduced because of their transfer to the new 
  5.4   unit under this section. 
  5.5      [EFFECTIVE DATE.] This section is effective the day 
  5.6   following final enactment and applies to the July 1, 2001, to 
  5.7   June 30, 2003, collective bargaining agreement and later. 
  5.8      Sec. 7.  Minnesota Statutes 2000, section 179A.12, 
  5.9   subdivision 1, is amended to read: 
  5.10     Subdivision 1.  [CERTIFICATION CONTINUED.] Any employee 
  5.11  organization holding formal recognition by order of the 
  5.12  commissioner or by employer voluntary recognition on the 
  5.13  effective date of Extra Session Laws 1971, chapter 33, under any 
  5.14  law that is repealed by Extra Session Laws 1971, chapter 33, is 
  5.15  certified as the exclusive representative until it is 
  5.16  decertified or another representative is certified in its place. 
  5.17     Any teacher organization as defined by Minnesota Statutes 
  5.18  1969, section 125.20, subdivision 3, which on the effective date 
  5.19  of Extra Session Laws 1971, chapter 33, has a majority of its 
  5.20  members on a teacher's council in a school district as provided 
  5.21  in Minnesota Statutes 1969, section 125.22 Education Minnesota 
  5.22  is certified as the exclusive representative of all teachers of 
  5.23  that school district until the organization is decertified or 
  5.24  another organization is certified in its place. 
  5.25     [EFFECTIVE DATE.] This section is effective the day 
  5.26  following final enactment and applies to the July 1, 2001, to 
  5.27  June 30, 2003, collective bargaining agreement and later. 
  5.28     Sec. 8.  Minnesota Statutes 2000, section 179A.18, 
  5.29  subdivision 2, is amended to read: 
  5.30     Subd. 2.  [SCHOOL DISTRICT REQUIREMENTS.] Except as 
  5.31  otherwise provided by section 179A.17, subdivision 1, teachers 
  5.32  employed by a local school district, other than principals and 
  5.33  assistant principals, may strike only under the following 
  5.34  circumstances:  
  5.35     (1)(a) the collective bargaining agreement between their 
  5.36  exclusive representative and their employer has expired or, if 
  6.1   there is no agreement, impasse under section 179A.17, 
  6.2   subdivision 1, has occurred; and 
  6.3      (b) the exclusive representative and the employer have 
  6.4   participated in mediation over a period of at least 30 days.  
  6.5   For the purposes of this subclause the mediation period 
  6.6   commences on the day that a mediator designated by the 
  6.7   commissioner first attends a conference with the parties to 
  6.8   negotiate the issues not agreed upon; and 
  6.9      (c) neither party has requested interest arbitration or a 
  6.10  request for binding interest arbitration has been rejected; or 
  6.11     (2) the employer violates section 179A.13, subdivision 2, 
  6.12  clause (9).  
  6.13     [EFFECTIVE DATE.] This section is effective the day 
  6.14  following final enactment and applies to the July 1, 2001, to 
  6.15  June 30, 2003, collective bargaining agreement and later. 
  6.16     Sec. 9.  Minnesota Statutes 2000, section 179A.20, 
  6.17  subdivision 3, is amended to read: 
  6.18     Subd. 3.  [DURATION.] The duration of the contract is 
  6.19  negotiable but shall not exceed three years.  Any contract 
  6.20  between a school board the employer and an exclusive 
  6.21  representative of teachers shall be for a term of two years, 
  6.22  beginning on July 1 of each odd-numbered year.  A contract 
  6.23  between a school board the employer and an exclusive 
  6.24  representative of teachers shall contain the teachers' 
  6.25  compensation including fringe benefits for the entire two-year 
  6.26  term and shall not contain a wage reopening clause or any other 
  6.27  provision for the renegotiation of the teachers' compensation.  
  6.28     [EFFECTIVE DATE.] This section is effective the day 
  6.29  following final enactment and applies to the July 1, 2001, to 
  6.30  June 30, 2003, collective bargaining agreement and later. 
  6.31     Sec. 10.  [EXISTING UNITS ABOLISHED; TRANSITION.] 
  6.32     Subdivision 1.  [EXISTING UNITS ABOLISHED.] All units of 
  6.33  teachers affected by this act and certified as of the effective 
  6.34  date of this section are abolished. 
  6.35     Subd. 2.  [TRANSITION TO NEW BARGAINING UNIT.] An employee 
  6.36  organization that on the day before the effective date of this 
  7.1   section represents a majority of the teachers in the state, must 
  7.2   be certified as the exclusive representative for the statewide 
  7.3   teacher unit created in Minnesota Statutes, section 179A.115.  
  7.4   Any future decertification or certification of a different 
  7.5   exclusive representative is subject to procedures specified in 
  7.6   Minnesota Statutes, section 179A.12. 
  7.7      Subd. 3.  [EFFECT ON EXISTING CONTRACT.] For teachers 
  7.8   represented by an exclusive representative immediately before 
  7.9   the effective date of this section, the terms of the contract in 
  7.10  effect on the effective date of this section remain in effect, 
  7.11  unless modified by this act, until a contract between Education 
  7.12  Minnesota and the commissioner of the department of children, 
  7.13  families, and learning is implemented.  If the commissioner 
  7.14  believes that a provision of this act impairs a right under 
  7.15  contract in effect on the effective date of this section, the 
  7.16  commissioner may preserve the right until the expiration of the 
  7.17  contract. 
  7.18     Subd. 4.  [FORMER EXCLUSIVE REPRESENTATIVES AND EMPLOYERS; 
  7.19  RESPONSIBILITIES.] Notwithstanding Minnesota Statutes, section 
  7.20  179A.03, subdivision 15, and subdivision 1, the employer and the 
  7.21  exclusive representative of teachers certified before the 
  7.22  effective date of this section remain responsible for 
  7.23  administering their contracts and for all other contractual 
  7.24  duties until the end date specified in the contracts entered 
  7.25  into before the effective date of this section.  These exclusive 
  7.26  representatives may continue to collect dues and fair share fee 
  7.27  deductions until the end date specified in their contracts. 
  7.28     Subd. 5.  [CONTRACT TERMS.] A contract entered into after 
  7.29  June 30, 2001, must credit a teacher employed by a school 
  7.30  district with accumulated sick leave and accumulated years of 
  7.31  service to determine eligibility for severance pay or early 
  7.32  retirement benefits that were credited to the teacher under a 
  7.33  contract in effect on June 30, 2001, subject to any maximum 
  7.34  accumulation limitations negotiated in the most recent 
  7.35  contract.  A contract entered into after June 30, 2001, must 
  7.36  provide teachers with an initial open enrollment period in all 
  8.1   insurance plans, with no limitations on preexisting conditions. 
  8.2      [EFFECTIVE DATE.] This section is effective the day 
  8.3   following final enactment and applies to the July 1, 2001, to 
  8.4   June 30, 2003, collective bargaining agreement and later. 
  8.5      Sec. 11.  [FUNDING OF TEACHER CONTRACT SETTLEMENT.] 
  8.6      It is the state's intent that beginning with fiscal year 
  8.7   2002, the state adjust its general education aid formula under 
  8.8   Minnesota Statutes, chapter 126C, to cover all costs of the 
  8.9   statewide collective bargaining agreement negotiated under this 
  8.10  act.  
  8.11     [EFFECTIVE DATE.] This section is effective the day 
  8.12  following final enactment and applies to the July 1, 2001, to 
  8.13  June 30, 2003, collective bargaining agreement and later.