HF 2070

as introduced - 87th Legislature (2011 - 2012) Posted on 02/01/2012 11:44am

A bill for an act
relating to public employment labor relations; prohibiting the use of state funds
to collect union dues or fair share fees; prohibiting automatic deductions from
employees' earnings for union dues or fair share fees; amending Minnesota
Statutes 2010, sections 16A.133, subdivision 1; 179A.06, subdivisions 3, 6;
proposing coding for new law in Minnesota Statutes, chapter 179A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 16A.133, subdivision 1, is amended to
read:

Subdivision 1.

Payroll direct deposit and deductions.

An agency head in the
executive, judicial, and legislative branch shall, upon written request signed by an
employee, directly deposit all or part of an employee's pay to those credit unions or
financial institutions, as defined in section 47.015, designated by the employee.

An agency head must, upon written request of an employee, deduct from the pay of
the employee a requested amount to be paid to the Minnesota Benefit Association deleted text begin , or to
any organizations contemplated by section 179A.06, deleted text end of which the employee is a member.

Sec. 2.

Minnesota Statutes 2010, section 179A.06, subdivision 3, is amended to read:

Subd. 3.

Fair share fee.

An exclusive representative may require employees who
are not members of the exclusive representative to contribute a fair share fee for services
rendered by the exclusive representative. The fair share fee must be equal to the regular
membership dues of the exclusive representative, less the cost of benefits financed through
the dues and available only to members of the exclusive representative. In no event may
the fair share fee exceed 85 percent of the regular membership dues. The exclusive
representative shall provide advance written notice of the amount of the fair share fee to
the employer and to unit employees who will be assessed the fee. The employer shall
provide the exclusive representative with a list of all unit employees.

A challenge by an employee or by a person aggrieved by the fee must be filed in
writing with the commissioner, the public employer, and the exclusive representative
within 30 days after receipt of the written notice. All challenges must specify those
portions of the fee challenged and the reasons for the challenge. The burden of proof
relating to the amount of the fair share fee is on the exclusive representative. The
commissioner shall hear and decide all issues in these challenges.

deleted text begin The employer shall deduct the fee from the earnings of the employee and transmit
the fee to the exclusive representative 30 days after the written notice was provided. If
a challenge is filed, the deductions for a fair share fee must be held in escrow by the
employer pending a decision by the commissioner.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 179A.06, subdivision 6, is amended to read:

Subd. 6.

Dues check off.

Public employees new text begin do not new text end have the right to deleted text begin request and
be allowed dues check off for the deleted text end new text begin have payments made to their new text end exclusive representative new text begin
through an automatic deduction from their earnings new text end . In the absence of an exclusive
representative, public employees new text begin do not new text end have the right to deleted text begin request and be allowed dues
check off for deleted text end new text begin have payments made to new text end the organization of their choice new text begin through an automatic
deduction from their earnings new text end .

Sec. 4.

new text begin [179A.075] PAYMENT OF UNION DUES AND FAIR SHARE FEES.
new text end

new text begin No public funds or resources shall be expended to collect dues for any exclusive
representative or other employee organization. Employers shall not automatically deduct
union dues or fair share fees from the earnings of public employees. Employers shall
not pay union dues or fair share fees to an exclusive representative or other employee
organization on behalf of an employee.
new text end