HF 3428

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:01pm

A bill for an act
relating to labor; making technical changes to certain Bureau of Mediation Services
provisions; amending Minnesota Statutes 2022, sections 179.01, subdivisions 1,
9, 16; 179.06; 179.08; 179.11; 179.12; 179.254, subdivision 1; 179.256; 179.26;
179.27; 179.35, subdivision 1; 179.40; 179.43; 179A.02; 179A.03, subdivision
17; 179A.06, subdivisions 1, 2, 3; 179A.08, subdivision 2; 179A.10, subdivision
1; 179A.104, subdivision 1; 179A.12, subdivision 1; 179A.15; 179A.16,
subdivisions 1, 7; 179A.18, subdivisions 2, 3; 179A.19, subdivision 6; 179A.20,
subdivision 4; 179A.23; 626.892, subdivision 12; repealing Minnesota Rules, part
5510.0310, subpart 13.

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

Section 1.

Minnesota Statutes 2022, section 179.01, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Words, terms, and phrases deleted text end new text begin Scope new text end .

Unless the language or context
clearly indicates that a different meaning is intended, the deleted text begin following words, deleted text end terms deleted text begin , and
phrases, for the purposes of sections 179.01 to 179.17, shall be given the meanings subjoined
to them deleted text end new text begin defined in this section have the meanings given them for purposes of sections 179.01
to 179.17 new text end .

Sec. 2.

Minnesota Statutes 2022, section 179.01, subdivision 9, is amended to read:

Subd. 9.

Lockout.

"Lockout" deleted text begin is deleted text end new text begin means new text end the refusal of the employer to furnish work to
employees as a result of a labor dispute.

Sec. 3.

Minnesota Statutes 2022, section 179.01, subdivision 16, is amended to read:

Subd. 16.

Professional strikebreaker.

new text begin (a) new text end "Professional strikebreaker" means any person
who:

deleted text begin (a) deleted text end new text begin (1) new text end makes an offer to an employer at whose place of business a labor dispute is
presently in progress to work as a replacement for an employee or employees involved in
such labor dispute; and

deleted text begin (b) deleted text end new text begin (2) new text end during a period of five years immediately preceding such offer, has, on more
than one occasion, made an offer to employers to work as a temporary employee to personally
replace employees involved in labor disputes.

new text begin (b) new text end For the purposes of this subdivision deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "work" deleted text begin shall mean deleted text end new text begin means new text end the rendering of services for wages or other consideration deleted text begin .
For the purposes of this subdivision, deleted text end new text begin ; and
new text end

new text begin (2) new text end "offer" deleted text begin shall include deleted text end new text begin includes new text end arrangements made for or on behalf of employers by
any person.

Sec. 4.

Minnesota Statutes 2022, section 179.06, is amended to read:

179.06 COLLECTIVE BARGAINING AGREEMENTS.

Subdivision 1.

Notices.

new text begin (a) new text end When any employee, employees, or representative of
employees, or labor organization shall desire to negotiate a collective bargaining agreement,
or make any change in any existing agreement, or shall desire any changes in the rates of
pay, rules or working conditions in any place of employment, it shall give written notice to
the employer of its demand, which notice shall follow the employer if the place of
employment is changed, and it shall thereupon be the duty of the employer and the
representative of employee or labor organization to endeavor in good faith to reach an
agreement respecting such demand. An employer shall give a like notice to employees,
representative, or labor organizations of any intended change in any existing agreement. If
no agreement is reached at the expiration of ten days after service of such notice, any
employees, representative, labor organization, or employer may at any time thereafter
petition the commissioner of mediation services to take jurisdiction of the dispute and it
shall be unlawful for any labor organization or representative to institute or aid in the conduct
of a strike or for an employer to institute a lockout, unless such petition has been served by
the party taking such action upon the commissioner and the other parties to the labor dispute
at least ten days before the strike or lockout becomes effective. Unless the strike or lockout
is commenced within 90 days from the date of service of the petition upon the commissioner,
it shall be unlawful for any of the parties to institute or aid in the conduct of a strike or
lockout without serving a new petition in the manner prescribed for the service of the original
petition, provided that the 90-day period may be extended by written agreement of the
parties filed with the commissioner.

new text begin (b) new text end A petition by the employer shall be signed by the employer or a duly authorized
officer or agent; and a petition by the employees shall be signed by their representative or
its officers, or by the committee selected to negotiate with the employer. In either case the
petition shall be served by delivering it to the commissioner in person or by sending it by
certified mail addressed to the commissioner at the commissioner's office. The petition shall
state briefly the nature of the dispute and the demands of the party who serves it. Upon
receipt of a petition, the commissioner shall fix a time and place for a conference with the
parties to the labor dispute upon the issues involved in the dispute, and shall then take
whatever steps the commissioner deems most expedient to bring about a settlement of the
dispute, including assisting in negotiating and drafting a settlement agreement. It shall be
the duty of all parties to a labor dispute to respond to the summons of the commissioner for
joint or several conferences with the commissioner and to continue in such conference until
excused by the commissioner, not beyond the ten-day period heretofore prescribed except
by mutual consent of the parties.

Subd. 2.

Commissioner deleted text begin , deleted text end powers and duties.

The commissioner may at the request of
either party to a labor dispute render assistance in settling the dispute without the necessity
of filing the formal petition deleted text begin referred to in deleted text end new text begin under new text end subdivision 1. If the commissioner takes
jurisdiction of the dispute as a result of such a request, the commissioner deleted text begin shall deleted text end new text begin must new text end then
proceed deleted text begin as provided in deleted text end new text begin according to new text end subdivision 1.

Sec. 5.

Minnesota Statutes 2022, section 179.08, is amended to read:

179.08 POWERS OF COMMISSION APPOINTED BY COMMISSIONER.

(a) The commission appointed by the commissioner pursuant to the provisions of section
179.07 shall have the power to issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence which relates to any matter involved in any such
hearing, and may by its chair administer oaths and affirmations, and may examine witnesses.
Such attendance of witnesses and the production of such evidence may be required from
any place in the state at any designated place of hearing, but whenever practical hearings
shall be held in a county where the labor dispute has arisen or exists.

(b) In case of contumacy or refusal to obey a subpoena issued under paragraph (a), the
district court of the state for the county where the proceeding is pending or in which the
person guilty of such contumacy or refusal to obey is found, or resides, or transacts business,
or application by the commission shall have jurisdiction to issue to such person an order
requiring such person to appear before the commission, there to produce evidence as so
ordered, or there to give testimony touching the matter under investigation or in question,
and any failure to obey such order of the court may be punished by the court as a contempt
thereof.

(c) Any party to or party affected by the dispute may appear before the commission in
person or by attorney or by their representative, and shall have the right to offer competent
evidence and to be heard on the issues before the report of the commission is made.

new text begin (d) new text end Any deleted text begin commissioners so appointed shall deleted text end new text begin commission members appointed under section
179.07 must new text end be paid a per diem allowance not to exceed that established for arbitrators in
section 179A.16, subdivision 8, and their necessary expenses while serving.

Sec. 6.

Minnesota Statutes 2022, section 179.11, is amended to read:

179.11 EMPLOYEE UNFAIR LABOR PRACTICES.

new text begin (a) new text end It deleted text begin shall be deleted text end new text begin is new text end an unfair labor practice:

(1) for any employee or labor organization to institute a strike if such strike is a violation
of any valid collective agreement between any employer and its employees or labor
organization and the employer is, at the time, in good faith complying with the provisions
of the agreement, or to violate the terms and conditions of such bargaining agreement;

(2) for any employee or labor organization to institute a strike if the calling of such strike
is in violation of sections 179.06 or 179.07;

(3) for any person to seize or occupy property unlawfully during the existence of a labor
dispute;

(4) for any person to picket or cause to be picketed a place of employment of which
place the person is not an employee while a strike is in progress affecting the place of
employment, unless the majority of persons engaged in picketing the place of employment
at these times are employees of the place of employment;

(5) for more than one person to picket or cause to be picketed a single entrance to any
place of employment where no strike is in progress at the time;

(6) for any person to interfere in any manner with the operation of a vehicle or the
operator thereof when neither the owner nor operator of the vehicle is at the time a party to
a strike;

(7) for any employee, labor organization, or officer, agent, or member thereof, to compel
or attempt to compel any person to join or to refrain from joining any labor organization or
any strike against the person's will by any threatened or actual unlawful interference with
the person, or immediate family member, or physical property, or to assault or unlawfully
threaten any such person while in pursuit of lawful employment;

(8) unless the strike has been approved by a majority vote of the voting employees in a
collective bargaining unit of the employees of an employer or association of employers
against whom such strike is primarily directed, for any person or labor organization to
cooperate in engaging in, promoting new text begin , new text end or inducing a strike. Such vote shall be taken by secret
ballot at an election called by the collective bargaining agent for the unit, and reasonable
notice shall be given to all employees in the collective bargaining unit of the time and place
of election; or

(9) for any person or labor organization to hinder or prevent by intimidation, force,
coercion or sabotage, or by threats thereof, the production, transportation, processing or
marketing by a producer, processor or marketing organization, of agricultural products, or
to combine or conspire to cause or threaten to cause injury to any processor, producer or
marketing organization, whether by withholding labor or other beneficial intercourse,
refusing to handle, use or work on particular agricultural products, or by other unlawful
means, in order to bring such processor or marketing organization against its will into a
concerted plan to coerce or inflict damage upon any producer; provided that nothing in this
subsection shall prevent a strike which is called by the employees of such producer, processor
or marketing organization for the bona fide purpose of improving their own working
conditions or promoting or protecting their own rights of organization, selection of bargaining
representative or collective bargaining.

deleted text begin The violation of clauses (2), (3), (4), (5), (6), (7), (8) and (9) are hereby declared to be
unlawful acts.
deleted text end

new text begin (b) It is an unlawful act to violate paragraph (a), clause (2), (3), (4), (5), (6), (7), (8), or
(9).
new text end

Sec. 7.

Minnesota Statutes 2022, section 179.12, is amended to read:

179.12 deleted text begin EMPLOYERS' deleted text end new text begin EMPLOYER new text end UNFAIR LABOR PRACTICES.

new text begin (a) new text end It is an unfair labor practice for an employer:

(1) to institute a lockout of its employees in violation of a valid collective bargaining
agreement between the employer and its employees or labor organization if the employees
at the time are in good faith complying with the provisions of the agreement, or to violate
the terms and conditions of the bargaining agreement;

(2) to institute a lockout of its employees in violation of section 179.06 or 179.07;

(3) to encourage or discourage membership in a labor organization by discrimination in
regard to hire or tenure of employment or any terms or conditions of employment; provided,
that this clause does not apply to the provisions of collective bargaining agreements entered
into voluntarily by an employer and its employees or a labor organization representing the
employees as a bargaining agent, as provided by section 179.16;

(4) to discharge or otherwise to discriminate against an employee because the employee
has signed or filed an affidavit, petition, or complaint or given information or testimony
under this chapter;

(5) to spy directly or through agents or any other persons upon activities of employees
or their representatives in the exercise of their legal rights;

(6) to distribute or circulate a blacklist of individuals exercising a legal right or of
members of a labor organization for the purpose of preventing individuals who are blacklisted
from obtaining or retaining employment;

(7) to engage or contract for the services of a person who is an employee of another if
the employee is paid a wage that is less than the wage to be paid by the engaging or
contracting employer under an existing union contract for work of the same grade or
classification;

(8) willfully and knowingly to utilize a professional strikebreaker to replace an employee
or employees involved in a strike or lockout at a place of business located within this state;
or

(9) to grant or offer to grant the status of permanent replacement employee to a person
for performing bargaining unit work for an employer during a lockout of employees in a
labor organization or during a strike of employees in a labor organization authorized by a
representative of employees.

deleted text begin The violation of deleted text end new text begin (b) It is an unlawful act to violate paragraph (a), new text end clause (2), (4), (5), (6),
(7), (8), or (9) deleted text begin is an unlawful act deleted text end .

Sec. 8.

Minnesota Statutes 2022, section 179.254, subdivision 1, is amended to read:

Subdivision 1.

Scope.

For the purposes of sections 179.254 to deleted text begin 179.256 deleted text end new text begin 179.257 new text end , the
deleted text begin following deleted text end terms deleted text begin shall deleted text end new text begin defined in this section new text end have the meanings deleted text begin subscribed to deleted text end new text begin given new text end them.

Sec. 9.

Minnesota Statutes 2022, section 179.256, is amended to read:

179.256 deleted text begin NOTIFICATION deleted text end new text begin NOTIFYING CONSTRUCTION WORKER OF
REIMBURSEMENT new text end .

Whenever a construction worker may qualify for the reimbursement of benefit payments
to a deleted text begin home deleted text end benefit fund deleted text begin as described in deleted text end new text begin under new text end section 179.255, the trustees of the benefit
fund of which the worker is a member, or their agent, shall so notify the trustees of the
benefit fund to which payments will be made during the temporary period of work. Such
notification shall be made promptly in writing and shall include the name, address, and
Social Security number of the construction worker and the starting date of the temporary
period of work.

Sec. 10.

Minnesota Statutes 2022, section 179.26, is amended to read:

179.26 DEFINITIONS deleted text begin ; CERTAIN REPRESENTATION DISPUTES deleted text end .

When used in sections 179.26 to 179.29, unless the context clearly indicates otherwise,
deleted text begin each of the following words: deleted text end new text begin " new text end employee, new text begin " new text end new text begin " new text end labor organization, new text begin " new text end new text begin " new text end strike, new text begin " new text end and new text begin " new text end lockout deleted text begin shall deleted text end new text begin " new text end
have the deleted text begin meaning ascribed to it deleted text end new text begin meanings given them new text end in section 179.01.

Sec. 11.

Minnesota Statutes 2022, section 179.27, is amended to read:

179.27 STRIKES OR BOYCOTTS PROHIBITED.

When certification of a representative of employees for collective bargaining purposes
has been made by proper federal or state authority, it is unlawful during the effective period
of such certification for any employee, representative of employees new text begin , new text end or labor organization
to conduct a strike or boycott against the employer of such employees or to picket any place
of business of the employer in order, by such strike, boycott new text begin , new text end or picketing deleted text begin , deleted text end new text begin to:
new text end

(1) deleted text begin to deleted text end deny the right of the representative so certified to act as such representative deleted text begin or deleted text end new text begin ;
new text end

(2) deleted text begin to deleted text end prevent such representative from acting as authorized by such certification deleted text begin , deleted text end new text begin ; new text end or

(3) deleted text begin to deleted text end interfere with the business of the employer in an effort to do either act deleted text begin specified
in clauses deleted text end new text begin under clause new text end (1) deleted text begin and deleted text end new text begin or new text end (2) deleted text begin hereof deleted text end .

Sec. 12.

Minnesota Statutes 2022, section 179.35, subdivision 1, is amended to read:

Subdivision 1.

Scope.

Unless the language or context clearly indicates that a different
meaning is intended, the deleted text begin following words, deleted text end terms deleted text begin and phrases, for the purposes of sections
179.35 to 179.39, shall be given deleted text end new text begin defined in this section have new text end the meanings deleted text begin subjoined to deleted text end new text begin
given new text end them new text begin for purposes of sections 179.35 to 179.39 new text end .

Sec. 13.

Minnesota Statutes 2022, section 179.40, is amended to read:

179.40 SECONDARY BOYCOTT; deleted text begin DECLARATION OF deleted text end new text begin PUBLIC new text end POLICY.

new text begin (a) new text end As a guide to the interpretation and application of sections 179.40 to 179.47, the
public policy of this state is declared to be:

new text begin (1) new text end to protect and promote the interests of the public, employees new text begin , new text end and employers alike,
with due regard to the situation and to the rights of the others;

new text begin (2) new text end to promote industrial peace, regular and adequate income for employees, and
uninterrupted production of goods and services; and

new text begin (3) new text end to reduce the serious menace to the health, morals new text begin , new text end and welfare of the people of this
state arising from economic insecurity due to stoppages and interruptions of business and
employment.

new text begin (b) new text end It is recognized that whatever may be the rights of disputants with respect to each
other in any controversy, they should not be permitted, in their controversy, to intrude
directly into the primary rights of third parties to earn a livelihood, transact business, and
engage in the ordinary affairs of life by lawful means and free from molestation, interference,
restraint new text begin , new text end or coercion. The legislature, therefore, declares that, in its considered judgment,
the public good and the general welfare of the citizens of this state will be promoted by
prohibiting secondary boycotts and other coercive practices in this state.

Sec. 14.

Minnesota Statutes 2022, section 179.43, is amended to read:

179.43 ILLEGAL COMBINATION; deleted text begin VIOLATION OF deleted text end new text begin VIOLATING new text end PUBLIC
POLICY.

A secondary boycott as deleted text begin hereinbefore deleted text end defined new text begin under section 179.41 new text end is deleted text begin hereby declared
to be deleted text end an illegal combination in restraint of trade and in violation of the public policy of this
state.

Sec. 15.

Minnesota Statutes 2022, section 179A.02, is amended to read:

179A.02 CITATION.

Sections 179A.01 to 179A.25 deleted text begin shall be known deleted text end new text begin may be cited new text end as the "Public Employment
Labor Relations Act."

Sec. 16.

Minnesota Statutes 2022, section 179A.03, subdivision 17, is amended to read:

Subd. 17.

Supervisory employee.

new text begin (a) new text end "Supervisory employee" means a person who has
the authority to undertake a majority of the following supervisory functions in the interests
of the employer: hiring, transfer, suspension, promotion, discharge, assignment, reward, or
discipline of other employees, direction of the work of other employees, or adjustment of
other employees' grievances on behalf of the employer. To be included as a supervisory
function which the person has authority to undertake, the exercise of the authority by the
person may not be merely routine or clerical in nature but must require the use of independent
judgment. An employee, other than an essential employee, who has authority to effectively
recommend a supervisory function, is deemed to have authority to undertake that supervisory
function for the purposes of this subdivision. The administrative head of a municipality,
municipal utility, or police or fire department, and the administrative head's assistant, are
always considered supervisory employees.

new text begin (b) new text end The removal of employees by the employer from a nonsupervisory appropriate unit
for the purpose of designating the employees as "supervisory employees" shall require either
the prior written agreement of the exclusive representative and the written approval of the
commissioner or a separate determination by the commissioner before the redesignation is
effective.

Sec. 17.

Minnesota Statutes 2022, section 179A.06, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Expression of deleted text end new text begin Expressing new text end views.

new text begin (a) new text end Sections 179A.01 to 179A.25 do
not affect the right of any public employee or the employee's representative to express or
communicate a view, grievance, complaint, or opinion on any matter related to the conditions
or compensation of public employment or their betterment, so long as this is not designed
to and does not interfere with the full faithful and proper performance of the duties of
employment or circumvent the rights of the exclusive representative. Sections 179A.01 to
179A.25 do not require any public employee to perform labor or services against the
employee's will.

new text begin (b) new text end If no exclusive representative has been certified, any public employee individually,
or group of employees through their representative, has the right to express or communicate
a view, grievance, complaint, or opinion on any matter related to the conditions or
compensation of public employment or their betterment, by meeting with their public
employer or the employer's representative, so long as this is not designed to and does not
interfere with the full, faithful, and proper performance of the duties of employment.

Sec. 18.

Minnesota Statutes 2022, section 179A.06, subdivision 2, is amended to read:

Subd. 2.

Right to organize.

new text begin (a) new text end Public employees have the right to form and join labor
or employee organizations, and have the right not to form and join such organizations.
Public employees in an appropriate unit have the right by secret ballot to designate an
exclusive representative to negotiate grievance procedures and the terms and conditions of
employment with their employer. Confidential employees of the state, confidential court
employees, and confidential University of Minnesota employees are excluded from
bargaining. Supervisory and managerial court employees are excluded from bargaining.
Supervisory, managerial, and confidential employees of Hennepin Healthcare System, Inc.,
are excluded from bargaining. Other confidential employees, supervisory employees,
principals, and assistant principals may form their own organizations. An employer shall
extend exclusive recognition to a representative of or an organization of supervisory or
confidential employees, or principals and assistant principals, for the purpose of negotiating
terms or conditions of employment, in accordance with sections 179A.01 to 179A.25,
applicable to essential employees.

new text begin (b) new text end Supervisory or confidential employee organizations shall not participate in any
capacity in any negotiations which involve units of employees other than supervisory or
confidential employees. Except for organizations which represent supervisors who are: (1)
firefighters, emergency medical service employees certified under section 144E.28, 911
system public safety dispatchers, peace officers subject to licensure under sections 626.84
to 626.863, guards at correctional facilities, or employees at hospitals other than state
hospitals; and (2) not state or University of Minnesota employees, a supervisory or
confidential employee organization which is affiliated with another employee organization
which is the exclusive representative of nonsupervisory or nonconfidential employees of
the same public employer shall not be certified, or act as, an exclusive representative for
the supervisory or confidential employees. For the purpose of this subdivision, affiliation
means either direct or indirect and includes affiliation through a federation or joint body of
employee organizations.

Sec. 19.

Minnesota Statutes 2022, section 179A.06, subdivision 3, is amended to read:

Subd. 3.

Fair share fee.

new text begin (a) new text end 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.

new text begin (b) new text end 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.

new text begin (c) new text end 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.

Sec. 20.

Minnesota Statutes 2022, section 179A.08, subdivision 2, is amended to read:

Subd. 2.

Meet and confer.

The professional employees shall select a representative to
meet and confer with a representative or committee of the public employer on matters not
specified under section 179A.03, subdivision 19, relating to the services being provided to
the public. The public employer shall provide the facilities and set the time for these
deleted text begin conferences deleted text end new text begin meetings new text end to take place. The parties shall meet at least once every four months.

Sec. 21.

Minnesota Statutes 2022, section 179A.10, subdivision 1, is amended to read:

Subdivision 1.

Exclusions.

new text begin (a) new text end The commissioner of management and budget shall meet
and negotiate with the exclusive representative of each of the units specified in this section,
except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in
this section are the only appropriate units for executive branch state employees. The following
employees shall be excluded from any appropriate unit:

(1) the positions and classes of positions in the classified and unclassified services defined
as managerial by the commissioner of management and budget in accordance with section
43A.18, subdivision 3, and so designated in the official state compensation schedules;

(2) unclassified positions in the Minnesota State Colleges and Universities defined as
managerial by the Board of Trustees;

(3) positions of all unclassified employees appointed by a constitutional officer;

(4) positions in the Bureau of Mediation Services and the Public Employment Relations
Board;

(5) positions of employees whose classification is pilot or chief pilot;

(6) administrative law judge and compensation judge positions in the Office of
Administrative Hearings;

(7) positions of all confidential employees; and

(8) positions of employees of the State Board of Investment who are employed under
the terms and conditions of the compensation plan approved under section 43A.18,
subdivision 3b.

new text begin (b) new text end The governor may upon the unanimous written request of exclusive representatives
of units and the commissioner direct that negotiations be conducted for one or more units
in a common proceeding or that supplemental negotiations be conducted for portions of a
unit or units defined on the basis of appointing authority or geography.

Sec. 22.

Minnesota Statutes 2022, section 179A.104, subdivision 1, is amended to read:

Subdivision 1.

Employee units.

new text begin (a) new text end The state Board of Public Defense shall meet and
negotiate with the exclusive representative of each of the statewide units specified in this
section. The units provided in this section are the only appropriate statewide units for state
employees of the board. Employees of the state Board of Public Defense, unless otherwise
excluded, are included within the units which include the classifications to which they are
assigned for purposes of compensation. The following are the appropriate statewide units
of state employees of the board:

(1) Assistant District and Assistant State Public Defender Unit; and

(2) Clerical and Support Staff Unit.

new text begin (b) new text end Each unit consists of the classifications or positions assigned to it in the schedule of
job classifications and positions maintained by the state Board of Public Defense.

Sec. 23.

Minnesota Statutes 2022, section 179A.12, subdivision 1, is amended to read:

Subdivision 1.

Certification continued.

new text begin (a) new text end Any employee organization holding formal
recognition by order of the commissioner or by employer voluntary recognition on the
effective date of Extra Session Laws 1971, chapter 33, under any law that is repealed by
Extra Session Laws 1971, chapter 33, is certified as the exclusive representative until it is
decertified or another representative is certified in its place.

new text begin (b) new text end Any teacher organization as defined by Minnesota Statutes 1969, section 125.20,
subdivision 3, which on the effective date of Extra Session Laws 1971, chapter 33, has a
majority of its members on a teacher's council in a school district as provided in Minnesota
Statutes 1969, section 125.22 is certified as the exclusive representative of all teachers of
that school district until the organization is decertified or another organization is certified
in its place.

Sec. 24.

Minnesota Statutes 2022, section 179A.15, is amended to read:

179A.15 MEDIATION.

new text begin Subdivision 1. new text end

new text begin Petitioning commissioner. new text end

Once notice has been given under section
179A.14, the employer or the exclusive representative may petition the commissioner for
mediation services.

new text begin Subd. 2. new text end

new text begin Petition requirements; scheduling mediation. new text end

new text begin (a) new text end A petition by an employer
shall be signed by the employer or an authorized officer or agent. A petition by an exclusive
representative shall be signed by its authorized officer. All petitions shall be served on the
commissioner in writing. The petition shall state briefly the nature of the disagreement of
the parties.

new text begin (b) new text end Upon receipt of a petition and upon concluding that mediation would be useful, the
commissioner shall fix a time and place for a deleted text begin conference deleted text end new text begin meeting new text end with the parties to negotiate
the issues not agreed upon, and shall then take the most expedient steps to bring about a
settlement, including assisting in negotiating and drafting an agreement.

new text begin Subd. 3. new text end

new text begin Commissioner-initiated mediation. new text end

If the commissioner determines that
mediation would be useful in resolving a dispute, the commissioner may mediate the dispute
even if neither party has filed a petition for mediation. In these cases, the commissioner
shall proceed as if a petition had been filed.

new text begin Subd. 4. new text end

new text begin Mediation restricted. new text end

The commissioner shall not furnish mediation services
to any employee or employee representative who is not certified as an exclusive
representative.

new text begin Subd. 5. new text end

new text begin Mediation meetings. new text end

All parties shall respond to the summons of the
commissioner for deleted text begin conferences deleted text end new text begin meetings new text end and shall continue deleted text begin in conference deleted text end new text begin meeting new text end until
excused by the commissioner.

Sec. 25.

Minnesota Statutes 2022, section 179A.16, subdivision 1, is amended to read:

Subdivision 1.

new text begin Petitioning for arbitration; new text end nonessential employees.

new text begin (a) new text end An exclusive
representative or an employer of a unit of employees other than essential employees may
request interest arbitration by providing written notice of the request to the other party and
the commissioner. The written request for arbitration must specify the items to be submitted
to arbitration and whether conventional, final-offer total-package, or final-offer item-by-item
arbitration is contemplated by the request.

new text begin (b) new text end The items to be submitted to arbitration and the form of arbitration to be used are
subject to mutual agreement. If an agreement to arbitrate is reached, it must be reduced to
writing and a copy of the agreement filed with the commissioner. A failure to respond, or
to reach agreement on the items or form of arbitration, within 15 days of receipt of the
request to arbitrate constitutes a rejection of the request.

Sec. 26.

Minnesota Statutes 2022, section 179A.16, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Decision by deleted text end Arbitrator or new text begin arbitrator new text end panel new text begin ; issuing decision new text end .

new text begin (a) new text end The decision
must be issued by the arbitrator or a majority vote of the panel. The decision must resolve
the issues in dispute between the parties as submitted by the commissioner. For principals
and assistant principals, the arbitrator or panel is restricted to selecting between the final
offers of the parties on each impasse item. For other employees, if the parties agree in
writing, the arbitrator or panel is restricted to selecting between the final offers of the parties
on each impasse item, or the final offer of one or the other parties in its entirety. In
considering a dispute and issuing its decision, the arbitrator or panel shall consider the
statutory rights and obligations of public employers to efficiently manage and conduct their
operations within the legal limitations surrounding the financing of these operations. The
decision is final and binding on all parties.

new text begin (b) new text end The arbitrator or panel shall render its decision within 30 days from the date that all
arbitration proceedings have concluded. The arbitrator or panel may not request that the
parties waive their right to have the decision rendered within 30 days, unless the
commissioner grants an extension of the deadline. The commissioner shall remove from
the roster for six months the name of any arbitrator who does not render the decision within
30 days or within the extension granted by the commissioner. The commissioner shall adopt
rules establishing criteria to be followed in determining whether an extension should be
granted. The decision must be for the period stated in the decision, except that decisions
determining contracts for teacher units are effective to the end of the contract period
determined by section 179A.20.

new text begin (c) new text end The arbitrator or panel shall send its decision to the commissioner, the appropriate
representative of the public employer, and the employees. If any issues submitted to
arbitration are settled voluntarily before the arbitrator or panel issues a decision, the arbitrator
or panel shall report the settlement to the commissioner.

new text begin (d) new text end The parties may, at any time before or after issuance of a decision of the arbitrator
or panel, agree upon terms and conditions of employment regardless of the terms and
conditions of employment determined by the decision. The parties shall, if so agreeing,
execute a written contract or memorandum of contract.

Sec. 27.

Minnesota Statutes 2022, section 179A.18, subdivision 2, is amended to read:

Subd. 2.

School district requirements.

Except as otherwise provided by section 179A.17,
subdivision 1, teachers employed by a local school district, other than principals and assistant
principals, may strike only under the following circumstances:

(1)(i) the collective bargaining agreement between their exclusive representative and
their employer has expired or, if there is no agreement, impasse under section 179A.17,
subdivision 1, has occurred; and

(ii) the exclusive representative and the employer have participated in mediation over
a period of at least 30 days. For the purposes of this item the mediation period commences
on the day that a mediator designated by the commissioner first attends a deleted text begin conference deleted text end new text begin meeting new text end
with the parties to negotiate the issues not agreed upon; and

(iii) neither party has requested interest arbitration or a request for binding interest
arbitration has been rejected; or

(2) the employer violates section 179A.13, subdivision 2, clause (9).

Sec. 28.

Minnesota Statutes 2022, section 179A.18, subdivision 3, is amended to read:

Subd. 3.

new text begin Strike new text end notice.

new text begin (a) new text end In addition to the other requirements of this section, no
employee may strike unless written notification of intent to strike is served on the employer
and the commissioner by the exclusive representative at least ten days prior to the
commencement of the strike. For all employees other than teachers, if more than 30 days
have expired after service of a notification of intent to strike, no strike may commence until
ten days after service of a new written notification. For teachers, no strike may commence
more than 25 days after service of notification of intent to strike unless, before the end of
the 25-day period, the exclusive representative and the employer agree that the period during
which a strike may commence shall be extended for an additional period not to exceed five
days. Teachers are limited to one notice of intent to strike for each contract negotiation
period, provided, however, that a strike notice may be renewed for an additional ten days,
the first five of which shall be a notice period during which no strike may occur, if the
following conditions have been satisfied:

(1) an original notice was provided pursuant to this section; deleted text begin and
deleted text end

(2) a tentative agreement to resolve the dispute was reached during the original strike
notice period; and

(3) such tentative agreement was rejected by either party during or after the original
strike notice period.

new text begin (b) new text end The first day of the renewed strike notice period shall commence on the day following
the expiration of the previous strike notice period or the day following the rejection of the
tentative agreement, whichever is later. Notification of intent to strike under subdivisions
1, clause (1); and 2, clause (1), may not be served until the collective bargaining agreement
has expired, or if there is no agreement, on or after the date impasse under section 179A.17
has occurred.

Sec. 29.

Minnesota Statutes 2022, section 179A.19, subdivision 6, is amended to read:

Subd. 6.

Hearings.

new text begin (a) new text end Any public employee is entitled to request the opportunity to
establish that the employee did not violate this section. The request shall be filed in writing
with the officer or body having the power to remove the employee, within ten days after
notice of termination is served upon the employee. The employing officer or body shall
within ten days commence a proceeding at which the employee shall be entitled to be heard
for the purpose of determining whether the provisions of this section have been violated by
the public employee. If there are contractual grievance procedures, laws or rules establishing
proceedings to remove the public employee, the hearing shall be conducted in accordance
with whichever procedure the employee elects. The election shall be binding and shall
terminate any right to the alternative procedures. The same proceeding may include more
than one employee's employment status if the employees' defenses are identical, analogous,
or reasonably similar. The proceedings shall be undertaken without unnecessary delay.

new text begin (b) new text end Any person whose termination is sustained in the administrative or grievance
proceeding may appeal in accordance with chapter 14.

Sec. 30.

Minnesota Statutes 2022, section 179A.20, subdivision 4, is amended to read:

Subd. 4.

Grievance procedure.

(a) All contracts must include a grievance procedure
providing for compulsory binding arbitration of grievances including all written disciplinary
actions. If the parties cannot agree on the grievance procedure, they are subject to the
grievance procedure deleted text begin promulgated deleted text end new text begin adopted new text end by the commissioner under section 179A.04,
subdivision 3, new text begin paragraph (a), new text end clause deleted text begin (h) deleted text end new text begin (8) new text end .

(b) Notwithstanding any home rule charter to the contrary, after the probationary period
of employment, any disciplinary action is subject to the grievance procedure and compulsory
binding arbitration.

(c) Employees covered by civil service systems created under chapter 43A, 44, 375,
387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423,
may pursue a grievance through the procedure established under this section. When the
grievance is also within the jurisdiction of appeals boards or appeals procedures created by
chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter under chapter 410, or by
Laws 1941, chapter 423, the employee may proceed through the grievance procedure or the
civil service appeals procedure, but once a written grievance or appeal has been properly
filed or submitted by the employee or on the employee's behalf with the employee's consent
the employee may not proceed in the alternative manner.

(d) A teacher who elects a hearing before an arbitrator under section 122A.40, subdivision
15, or 122A.41, subdivision 13, or who elects or acquiesces to a hearing before the school
board may not later proceed in the alternative manner nor challenge the termination or
discharge through a grievance procedure required by this subdivision.

(e) This section does not require employers or employee organizations to negotiate on
matters other than terms and conditions of employment.

Sec. 31.

Minnesota Statutes 2022, section 179A.23, is amended to read:

179A.23 LIMITATION ON CONTRACTING-OUT OF SERVICES PROVIDED
BY MEMBERS OF A STATE OF MINNESOTA OR UNIVERSITY OF MINNESOTA
BARGAINING UNIT.

new text begin (a) new text end Any contract entered into after March 23, 1982, by the state of Minnesota or the
University of Minnesota involving services, any part of which, in the absence of the contract,
would be performed by members of a unit provided in sections 179A.10 and 179A.11, shall
be subject to section 16C.06 and shall provide for the preferential employment by a party
of members of that unit whose employment with the state of Minnesota or the University
of Minnesota is terminated as a result of that contract.

new text begin (b) new text end Contracts entered into by the state of Minnesota for the purpose of providing court
reporter services or transcription of the record of a hearing which was recorded by means
of an audio magnetic recording device shall be subject to section 16C.08 and the preferential
employment provisions enumerated in this section. Any court reporter seeking a contract
pursuant to the preferential employment provisions of this section shall be given preference
when the services are needed only if that court reporter's charges for the services requested
are no greater than the average of the charges made for the identical services by other court
reporters in the same locality who are also under contract with the state for those services.

Sec. 32.

Minnesota Statutes 2022, section 626.892, subdivision 12, is amended to read:

Subd. 12.

Interaction with other laws.

(a) Sections 179A.21, subdivision 2, and 572B.11,
paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04
shall not apply to discipline-related grievance arbitrations involving peace officers governed
under this section.

(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or
resolution, peace officers, through their certified exclusive representatives, shall not have
the right to negotiate for or agree to a collective bargaining agreement or a grievance
arbitration selection procedure with their employers that is inconsistent with this section.

(c) The arbitrator selection procedure for peace officer grievance arbitrations established
under this section supersedes any inconsistent provisions in chapter 179A or 572B or in
Minnesota Rules, chapters 5500 to 5530 and deleted text begin 7315 to deleted text end 7325. Other arbitration requirements
in those chapters remain in full force and effect for peace officer grievance arbitrations,
except as provided in this section or to the extent inconsistent with this section.

Sec. 33. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor shall renumber Minnesota Statutes, section 179.35, subdivision 5, as
Minnesota Statutes, section 179.35, subdivision 7.
new text end

Sec. 34. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 5510.0310, subpart 13, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 24-05238

5510.0310 DEFINITIONS.

Subp. 13.

Hearing officer or mediator.

"Hearing officer" or "mediator" means the commissioner or an authorized agent.