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 the1.19commission any negotiated collective bargaining agreements,1.20arbitration awards, compensation plans, or salaries for1.21legislative approval or disapproval. Negotiated agreements1.22shall be submitted within five days of the date of approval by1.23the commissioner or the date of approval by the affected state1.24employees, whichever occurs later. Arbitration awards shall be1.25submitted within five days of their receipt by the1.26commissioner. If the commission disapproves a collective2.1bargaining agreement, award, compensation plan, or salary, the2.2commission shall specify in writing to the parties those2.3portions with which it disagrees and its reasons. If the2.4commission approves a collective bargaining agreement, award,2.5compensation plan, or salary, it shall submit the matter to the2.6legislature to be accepted or rejected under this section.2.7(c) When the legislature is not in session, the commission2.8may give interim approval to a negotiated collective bargaining2.9agreement, salary, compensation plan, or arbitration award.2.10When the legislature is not in session, failure of the2.11commission to disapprove a collective bargaining agreement or2.12arbitration award within 30 days constitutes approval. The2.13commission shall submit the negotiated collective bargaining2.14agreements, salaries, compensation plans, or arbitration awards2.15for which it has provided approval to the entire legislature for2.16ratification at a special legislative session called to consider2.17them or at its next regular legislative session as provided in2.18this section. Approval or disapproval by the commission is not2.19binding on the legislature.2.20(d) When the legislature is not in session, the proposed2.21collective bargaining agreement, arbitration decision, salary,2.22or compensation plan must be implemented upon its approval by2.23the commission, and state employees covered by the proposed2.24agreement or arbitration decision do not have the right to2.25strike while the interim approval is in effect. Wages and2.26economic fringe benefit increases provided for in the agreement2.27or arbitration decision paid in accordance with the interim2.28approval by the commission are not affected, but the wages or2.29benefit increases must cease to be paid or provided effective2.30upon the rejection of the agreement, arbitration decision,2.31salary, or compensation plan, or upon adjournment of the2.32legislature 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 partiesand 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.