Minnesota Legislature
HF 3415
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:01pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/01/2024 |
Current Version - as introduced
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A bill for an act
relating to labor; making technical and policy changes to certain public employee
labor relations provisions; requiring rulemaking; amending Minnesota Statutes
2022, section 179A.12, subdivision 5; Minnesota Statutes 2023 Supplement,
sections 179A.041, subdivision 10; 179A.06, subdivision 6; 179A.07, subdivisions
8, 9; 179A.10, subdivision 2; 179A.12, subdivisions 2a, 6, 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 179A.041, subdivision 10, is
amended to read:
Subd. 10.
Open Meeting Law; exceptions.
Chapter 13D does not apply to deleted text begin meetings of
thedeleted text end new text begin anew text end board new text begin meeting new text end when deleted text begin itdeleted text end new text begin the board new text end isnew text begin :
new text end
new text begin (1)new text end deliberating on the merits of new text begin an new text end unfair labor practice deleted text begin chargesdeleted text end new text begin chargenew text end under sections
179.11, 179.12, and 179A.13;
new text begin (2)new text end reviewing a new text begin hearing officer's new text end recommended decision and order deleted text begin of a hearing officerdeleted text end
under section 179A.13; or
new text begin (3)new text end reviewing deleted text begin decisions of thedeleted text end new text begin anew text end commissioner deleted text begin of the Bureau of Mediation Services
relating todeleted text end new text begin decision on an new text end unfair labor deleted text begin practicesdeleted text end new text begin practicenew text end under section 179A.12, subdivision
11.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 179A.06, subdivision 6, is amended
to read:
Subd. 6.
Payroll deduction, authorization, and remittance.
(a) Public employees deleted text begin have
the right todeleted text end new text begin maynew text end request deleted text begin and be alloweddeleted text end payroll deduction for the exclusive representative
and deleted text begin thedeleted text end new text begin its associatednew text end political fund deleted text begin associated with the exclusive representative and registered
pursuant todeleted text end new text begin undernew text end section 10A.12. new text begin If there is no exclusive representative, public employees
may request payroll deduction for the employee organization of their choice. A public
employer must provide payroll deduction according to any public employee's request under
this paragraph.
new text end
new text begin (b) new text end A public employer must rely on a certification from deleted text begin anydeleted text end new text begin annew text end exclusive representative
requesting remittance of a deduction that the new text begin employee new text end organization has and will maintain
an authorizationdeleted text begin ,deleted text end signednew text begin , either by hand or electronically according to section 325L.02,
paragraph (h),new text end by the public employee from whose salary or wages the deduction is to be
madedeleted text begin , which may include an electronic signature by the public employee as defined in
section 325L.02, paragraph (h)deleted text end . An exclusive representative making deleted text begin suchdeleted text end new text begin anew text end certification
deleted text begin must not bedeleted text end new text begin is notnew text end required to provide the public employer a copy of the authorization unless
a dispute arises about the new text begin authorization's new text end existence or terms deleted text begin of the authorizationdeleted text end . deleted text begin The exclusive
representative must indemnify the public employer for any successful claims made by the
employee for unauthorized deductions in reliance on the certification.
deleted text end
deleted text begin (b)deleted text end new text begin (c)new text end A deleted text begin duesdeleted text end new text begin payroll new text end deduction authorization deleted text begin remains in effectdeleted text end new text begin is effectivenew text end until thenew text begin
exclusive representative notifies thenew text end employer deleted text begin receives notice from the exclusive
representativedeleted text end that a public employee has changed or canceled deleted text begin theirdeleted text end new text begin the employee'snew text end
authorization in writing in accordance with the terms of the original deleted text begin authorizing document,
anddeleted text end new text begin authorization. When determining whether deductions have been properly changed or
canceled,new text end a public employer must rely on information from the exclusive representative
receiving remittance of the deduction deleted text begin regarding whether the deductions have been properly
changed or canceleddeleted text end . deleted text begin The exclusive representative must indemnify the public employer,
including any reasonable attorney fees and litigation costs, for any successful claims made
by the employee for unauthorized deductions made in reliance on such information.
deleted text end
deleted text begin (c)deleted text end new text begin (d)new text end Deduction authorization under this section isnew text begin :
new text end
new text begin (1)new text end independent from the public employee's membership status in the new text begin employee
new text end organization to which payment is remittednew text begin ;new text end and deleted text begin is
deleted text end
new text begin (2)new text end effective regardless of whether a collective bargaining agreement authorizes the
deduction.
deleted text begin (d) Employersdeleted text end new text begin (e) An employernew text end must deleted text begin commencedeleted text end new text begin :
new text end
new text begin (1) beginnew text end deductions within 30 days deleted text begin of notice of authorization from thedeleted text end new text begin after annew text end exclusive
representative new text begin submits a certification under paragraph (b); new text end and deleted text begin must
deleted text end
new text begin (2)new text end remit the deductions to the exclusive representative within 30 days of the deduction.
deleted text begin The failure of an employer to comply with the provisions of this paragraph shall be an unfair
labor practice under section 179A.13, the relief for which shall be reimbursement by the
employer of deductions that should have been made or remitted based on a valid authorization
given by the employee or employees.
deleted text end
deleted text begin
(e) In the absence of an exclusive representative, public employees have the right to
request and be allowed payroll deduction for the organization of their choice.
deleted text end
new text begin
(f) An exclusive representative must indemnify a public employer:
new text end
new text begin
(1) for any successful employee claim for unauthorized employer deductions made by
relying on an exclusive representative's certification under paragraph (b); and
new text end
new text begin
(2) for any successful employee claim for unauthorized employer deductions made by
relying on information for changing or canceling deductions under paragraph (c), with
indemnification including any reasonable attorney fees and litigation costs.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end Any dispute under this subdivision must be resolved through an unfair labor
practice proceeding under section 179A.13.new text begin It is an unfair labor practice if an employer fails
to comply with paragraph (e), and the employer must reimburse deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 8, is amended
to read:
Subd. 8.
Bargaining unit information.
(a) Within 20 calendar days deleted text begin from the date of
hire ofdeleted text end new text begin afternew text end a bargaining unit employeenew text begin is hirednew text end , a public employer must provide the
following deleted text begin contactdeleted text end information new text begin on the employee new text end to deleted text begin andeleted text end new text begin the unit'snew text end exclusive representative in
an Excel file format or other format agreed to by the exclusive representative:
new text begin (1)new text end name;
new text begin (2)new text end job title;
new text begin (3)new text end worksite location, including location deleted text begin withindeleted text end new text begin innew text end a facility when appropriate;
new text begin (4)new text end home address;
new text begin (5)new text end work telephone number;
new text begin (6)new text end home and personal cell phone numbers on file with the public employer;
new text begin (7)new text end date of hire; and
new text begin (8)new text end work email address and personal email address on file with the public employer.
(b) Every 120 calendar days deleted text begin beginning on January 1, 2024deleted text end , a public employer must
provide to deleted text begin andeleted text end new text begin a bargaining unit'snew text end exclusive representative in an Excel file or similar format
agreed to by the exclusive representative the deleted text begin followingdeleted text end informationnew text begin under paragraph (a)new text end for
all bargaining unit employeesdeleted text begin : name; job title; worksite location, including location within
a facility when appropriate; home address; work telephone number; home and personal cell
phone numbers on file with the public employer; date of hire; and work email address and
personal email address on file with the public employerdeleted text end .
(c) deleted text begin A public employer must notify an exclusive representative within 20 calendar days
of the separation ofdeleted text end new text begin If a bargaining unit employee separates fromnew text end employment or deleted text begin transferdeleted text end new text begin
transfersnew text end out of deleted text begin thedeleted text end new text begin anew text end bargaining unit deleted text begin of a bargaining unit employeedeleted text end new text begin , the employee's public
employer must notify the employee's exclusive representative within 20 calendar days after
the separation or transfernew text end .
Sec. 4.
Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 9, is amended
to read:
Subd. 9.
Access.
(a) A public employer must allow an exclusive representative to meet
in person with new text begin a new text end newly hired deleted text begin employees, without charge to the pay or leave time of the
employees, for 30 minutes,deleted text end new text begin employeenew text end within 30 calendar days from the date of hiredeleted text begin ,deleted text end during
new employee orientations or, if the employer does not conduct new employee orientations,
at individual or group meetings. new text begin For an orientation or meeting under this paragraph, an
employer must allow the employee and exclusive representative up to 30 minutes to meet
and must not charge the employee's pay or leave time during the orientation or meeting. An
orientation or meeting may be held virtually or for longer than 30 minutes only by mutual
agreement of the employer and exclusive representative.
new text end
new text begin (b) new text end An exclusive representative deleted text begin shalldeleted text end new text begin mustnew text end receive deleted text begin no less thandeleted text end new text begin at leastnew text end ten days' notice
deleted text begin in advancedeleted text end of an orientation, deleted text begin except thatdeleted text end new text begin butnew text end a shorter notice may be provided deleted text begin wheredeleted text end new text begin ifnew text end there
is an urgent need critical to the new text begin employer's new text end operations deleted text begin of the public employerdeleted text end that was not
reasonably foreseeable. Notice of and attendance at new employee orientations and other
meetings under this paragraph deleted text begin must bedeleted text end new text begin and paragraph (a) arenew text end limited tonew text begin :
new text end
new text begin (1)new text end the public employerdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the employeesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the exclusive representativedeleted text begin ,deleted text end new text begin ;new text end and
new text begin (4)new text end any vendor contracted to provide a service for deleted text begin purposes ofdeleted text end the meeting. deleted text begin Meetings
may be held virtually or for longer than 30 minutes only by mutual agreement of the public
employer and exclusive representative.
deleted text end
deleted text begin (b)deleted text end new text begin (c)new text end A public employer must allow an exclusive representative to communicate with
bargaining unit members deleted text begin using their employer-issued email addresses regardingdeleted text end new text begin by email
on:
new text end
new text begin (1)new text end collective bargainingdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the administration of collective bargaining agreementsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the investigation of grievancesdeleted text begin ,deleted text end new text begin andnew text end other workplace-related complaints and issuesdeleted text begin ,deleted text end new text begin ;new text end
and
new text begin (4)new text end internal matters involving the governance or business of the exclusive representativedeleted text begin ,
consistent with the employer's generally applicable technology use policiesdeleted text end .
new text begin
(d) An exclusive representative may communicate with bargaining unit members under
paragraph (c) via the members' employer-issued email addresses, but the communication
must be consistent with the employer's generally applicable technology use policies.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end A public employer must allow an exclusive representative to meet with bargaining
unit members in facilities owned or leased by the public employer deleted text begin regardingdeleted text end new text begin to communicate
on:
new text end
new text begin (1)new text end collective bargainingdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the administration of collective bargaining agreementsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3) the investigation ofnew text end grievances and other workplace-related complaints and issuesdeleted text begin ,deleted text end new text begin ;new text end
and
new text begin (4)new text end internal matters involving the governance or business of the exclusive representativedeleted text begin ,
provided the use does not interfere with governmental operations and the exclusive
representative complies with worksite security protocols established by the public employerdeleted text end .
new text begin
(f) The following applies for a meeting under paragraph (e):
new text end
new text begin
(1) a meeting cannot interfere with government operations;
new text end
new text begin
(2) the exclusive representative must comply with employer-established worksite security
protocols;
new text end
deleted text begin Meetings conducteddeleted text end new text begin (3) a meetingnew text end in new text begin a new text end government deleted text begin buildings pursuant to this paragraph
must notdeleted text end new text begin building cannotnew text end be for deleted text begin the purpose ofdeleted text end supporting or opposing any candidate for
partisan political office or for deleted text begin the purpose ofdeleted text end distributing literature or information deleted text begin regardingdeleted text end new text begin
onnew text end partisan electionsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (4)new text end an exclusive representative conducting a meeting in a government building or other
government facility deleted text begin pursuant to this subdivisiondeleted text end may be charged for maintenance, security,
and other costs related to deleted text begin the use ofdeleted text end new text begin usingnew text end the government building or facility that would
not otherwise be incurred by the government entity.
Sec. 5.
Minnesota Statutes 2023 Supplement, section 179A.10, subdivision 2, is amended
to read:
Subd. 2.
State employees.
(a) Unclassified employees, unless otherwise excluded, are
included within the units deleted text begin whichdeleted text end new text begin thatnew text end include the classifications to which they are assigned
for purposes of compensation. Supervisory employees deleted text begin shall onlydeleted text end new text begin cannew text end be assigned new text begin only new text end to
deleted text begin unitsdeleted text end new text begin unitnew text end 12 deleted text begin anddeleted text end new text begin ornew text end 16. The following new text begin units new text end 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;
(17) public safety radio communications operator unit;
(18) licensed peace officer special unit; and
(19) licensed peace officer leader unit.
deleted text begin
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.
deleted text end
(b) The following positions are included in the licensed peace officer special unit:
(1) State Patrol lieutenant;
(2) NR district supervisor - enforcement;
(3) assistant special agent in charge;
(4) corrections investigation assistant director 2;
(5) corrections investigation supervisor; and
(6) commerce supervisor special agent.
(c) The following positions are included in the licensed peace officer leader unit:
(1) State Patrol captain;
(2) NR program manager 2 enforcement; and
(3) special agent in charge.
new text begin
(d) 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 make changes in the schedule in existence on the day before August 1,
1984, only:
new text end
new text begin
(1) as required by law; or
new text end
new text begin
(2) as provided in subdivision 4.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 2a, is amended
to read:
Subd. 2a.
Majority verification procedure.
(a) deleted text begin Notwithstanding any other provision
of this section,deleted text end An employee organization may file a petition with the commissioner
requesting certification as the exclusive representative of deleted text begin andeleted text end new text begin a proposednew text end appropriate unit
deleted text begin based on a verification thatdeleted text end new text begin for which there is no currently certified exclusive representative.
The petition must verify thatnew text end over 50 percent of the employees in the proposed appropriate
unit wish to be represented by the deleted text begin petitionerdeleted text end new text begin organizationnew text end . deleted text begin The commissioner shall require
dated representation authorization signatures of affected employees as verification of the
employee organization's claim of majority status.
deleted text end
(b) deleted text begin Upon receipt of an employee organization's petition, accompanied by employee
authorization signatures under this subdivision, the commissioner shall investigate the
petition.deleted text end If the commissioner determines that over 50 percent of the employees in deleted text begin andeleted text end new text begin thenew text end
appropriate unit have provided authorization signatures designating the new text begin petitioning new text end employee
organization deleted text begin specified in the petitiondeleted text end as their exclusive representative, the commissioner
deleted text begin shall not order an election but shalldeleted text end new text begin mustnew text end certify the employee organizationnew text begin as the employees'
exclusive representative without ordering an election under this sectionnew text end .
Sec. 7.
Minnesota Statutes 2022, section 179A.12, subdivision 5, is amended to read:
Subd. 5.
Commissioner to investigate.
deleted text begin The commissioner shall,deleted text end Upon deleted text begin receipt of an
employee organization'sdeleted text end new text begin receiving anew text end petition deleted text begin to the commissionerdeleted text end under subdivision deleted text begin 3deleted text end new text begin 1a
or 2anew text end , new text begin the commissioner must:
new text end
new text begin (1) new text end investigate to determine if sufficient evidence of a question of representation existsnew text begin ;new text end
and
new text begin (2)new text end hold hearings necessary to determine the appropriate unit and other matters necessary
to determine the representation rights of the affected employees and employer.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 6, is amended
to read:
Subd. 6.
Authorization signatures.
deleted text begin Indeleted text end new text begin (a) Whennew text end determining the numerical status of
an employee organization for purposes of this section, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end require
new text begin a new text end dated representation authorization deleted text begin signatures of affected employeesdeleted text end new text begin signature of each
affected employeenew text end as verification of the statements contained in the deleted text begin joint request or petitionsdeleted text end new text begin
petitionnew text end . deleted text begin These
deleted text end
new text begin (b) An new text end authorization deleted text begin signatures shall bedeleted text end new text begin signature isnew text end privileged and confidential
information available to the commissioner only. new text begin An new text end electronic deleted text begin signaturesdeleted text end new text begin signaturenew text end , as
defined in section 325L.02, paragraph (h), deleted text begin shall bedeleted text end new text begin isnew text end valid as new text begin an new text end authorization deleted text begin signaturesdeleted text end new text begin
signaturenew text end .
new text begin (c) Annew text end authorization deleted text begin signatures shall bedeleted text end new text begin signature isnew text end valid for deleted text begin a period ofdeleted text end one year
following the new text begin signature new text end date deleted text begin of signaturedeleted text end .
Sec. 9.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 11, is amended
to read:
Subd. 11.
Unfair labor practices.
new text begin The commissioner may void the result of an election
or majority verification procedure and order a new election or procedure new text end if the commissioner
finds deleted text begin thatdeleted text end new text begin one of the following:
new text end
new text begin (1) there wasnew text end an unfair labor practice new text begin that:
new text end
new text begin (i) new text end was committed by an employer deleted text begin ordeleted text end new text begin , anew text end representative candidate deleted text begin ordeleted text end new text begin ,new text end an employeenew text begin ,new text end or new text begin a
new text end group of employeesdeleted text begin ,deleted text end new text begin ;new text end and deleted text begin that the unfair labor practice
deleted text end
new text begin (ii)new text end affected the result of deleted text begin andeleted text end new text begin thenew text end election or new text begin the new text end majority verification procedure deleted text begin pursuant
to subdivision 2a,deleted text end new text begin ;new text end or deleted text begin that
deleted text end
new text begin (2)new text end procedural or other irregularities in the conduct of the election or majority verification
procedure may have substantially affected deleted text begin itsdeleted text end new text begin thenew text end resultsdeleted text begin , the commissioner may void the
result and order a new election or majority verification proceduredeleted text end .
Sec. 10. new text begin RULEMAKING.
new text end
new text begin
The commissioner must adopt rules on petitions for majority verification, including
technical changes needed for consistency with Minnesota Statutes, section 179A.12, and
the commissioner may use the expedited rulemaking process under Minnesota Statutes,
section 14.389.
new text end
Sec. 11. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber Minnesota Statutes, section 179A.12, subdivision
3, as Minnesota Statutes, section 179A.12, subdivision 1a.
new text end