HF 961

4th Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/22/2022 07:17pm

A bill for an act
relating to labor; adding a supervisory law enforcement unit; amending Minnesota
Statutes 2020, section 179A.10, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2020, section 179A.10, subdivision 2, is amended to read:

Subd. 2.

State employees.

Unclassified employees, unless otherwise excluded, are
included within the units which include the classifications to which they are assigned for
purposes of compensation. Supervisory employees shall only be assigned to units 12 deleted text begin and deleted text end new text begin , new text end
16 new text begin , and 18 new text end . The following are the appropriate units of executive branch state employees:

(1) law enforcement unit;

(2) craft, maintenance, and labor unit;

(3) service unit;

(4) health care nonprofessional unit;

(5) health care professional unit;

(6) clerical and office unit;

(7) technical unit;

(8) correctional guards unit;

(9) state university instructional unit;

(10) state college instructional unit;

(11) state university administrative unit;

(12) professional engineering unit;

(13) health treatment unit;

(14) general professional unit;

(15) professional state residential instructional unit;

(16) supervisory employees unit; deleted text begin and
deleted text end

(17) public safety radio communications operator unit deleted text begin . deleted text end new text begin ; and
new text end

new text begin (18) law enforcement supervisors unit.
new text end

Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may only make changes in the schedule in existence on the day prior to
August 1, 1984, as required by law or as provided in subdivision 4.

Sec. 2.

Minnesota Statutes 2020, section 179A.10, subdivision 3, is amended to read:

Subd. 3.

State employee severance.

Each of the following groups of employees has the
right, as specified in this subdivision, to separate from the general professional, health
treatment, or general supervisory units provided for in subdivision 2: attorneys, physicians, new text begin
and new text end professional employees of the Minnesota Office of Higher Education who are
compensated under section 43A.18, subdivision 4 deleted text begin , State Patrol-supervisors, enforcement
supervisors employed by the Department of Natural Resources, and criminal apprehension
investigative-supervisors deleted text end . This right must be exercised by petition during the 60-day period
commencing 270 days prior to the termination of a contract covering the units. If one of
these groups of employees exercises the right to separate from the units they have no right
to meet and negotiate, but retain the right to meet and confer with the commissioner of
management and budget and with the appropriate appointing authority on any matter of
concern to them. The right to separate must be exercised as follows: An employee
organization or group of employees claiming that a majority of any one of these groups of
employees on a statewide basis wish to separate from their units may petition the
commissioner for an election during the petitioning period. If the petition is supported by
a showing of at least 30 percent support for the petitioner from the employees, the
commissioner shall hold an election to ascertain the wishes of the majority with respect to
the issue of remaining within or severing from the units provided in subdivision 2. This
election must be conducted within 30 days of the close of the petition period. If a majority
of votes cast endorse severance from the unit in favor of separate meet and confer status
for any one of these groups of employees, the commissioner shall certify that result. This
election, where not inconsistent with other provisions of this section, is governed by section
179A.12. If a group of employees elects to sever, the group may rejoin that unit by following
the same procedures specified above for severance, but may only do so during the periods
provided for severance.

Sec. 3. new text begin LAW ENFORCEMENT SUPERVISORS TRANSITION.
new text end

new text begin (a) Until a negotiated collective bargaining agreement with an exclusive representative
of the law enforcement supervisors unit is approved under Minnesota Statutes, section 3.855:
new text end

new text begin (1) state patrol supervisors and enforcement supervisors employed by the Department
of Natural Resources shall remain in the commissioner's plan;
new text end

new text begin (2) criminal apprehension investigative supervisors and other law enforcement supervisor
positions currently in the general supervisory employees unit shall remain in the general
supervisory employees unit represented by the Middle Management Association; and
new text end

new text begin (3) employees in positions to be included in the law enforcement supervisors unit shall
be authorized to participate in certification elections for the law enforcement supervisors
unit and any negotiation and collective bargaining activities of the law enforcement
supervisors unit.
new text end

new text begin (b) In assigning positions included in the law enforcement supervisors unit, employees
in positions under paragraph (a), clause (2), shall have the right to remain in the general
supervisory employees unit represented by the Middle Management Association. If a group
of employees exercises this right, the appropriate unit for such employees shall be the general
supervisory employees unit represented by the Middle Management Association, and the
commissioner shall assign them to such unit.
new text end