SF 1903

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to public employment labor relations;
classifying teachers as essential employees; removing
a strike authorization provision; amending Minnesota
Statutes 2004, sections 179A.03, subdivision 7;
179A.18, subdivision 1; repealing Minnesota Statutes
2004, sections 179A.17, subdivision 1; 179A.18,
subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 179A.03,
subdivision 7, is amended to read:

Subd. 7.

Essential employee.

"Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.863, 911 system and police and fire department
public safety dispatchers, guards at correctional facilities,
confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, deleted text begin and deleted text end assistant
principals new text begin , and teachers as defined in subdivision 18 new text end . However,
for state employees, "essential employee" means all employees in
law enforcement, health care professionals, correctional guards,
professional engineering, and supervisory collective bargaining
units, irrespective of severance, and no other employees. For
University of Minnesota employees, "essential employee" means
all employees in law enforcement, nursing professional and
supervisory units, irrespective of severance, and no other
employees. "Firefighters" means salaried employees of a fire
department whose duties include, directly or indirectly,
controlling, extinguishing, preventing, detecting, or
investigating fires. Employees for whom the state court
administrator is the negotiating employer are not essential
employees.

Sec. 2.

Minnesota Statutes 2004, section 179A.18,
subdivision 1, is amended to read:

Subdivision 1.

When authorized.

Essential employees may
not strike. Except as otherwise provided by deleted text begin subdivision 2 and
deleted text end section 179A.17, subdivision 2, other public employees may
strike only under the following circumstances:

(1)(a) 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 2, has occurred; and

(b) the exclusive representative and the employer have
participated in mediation over a period of at least 45 days,
provided that the mediation period established by section
179A.17, subdivision 2, governs negotiations under that section,
and provided that for the purposes of this subclause the
mediation period commences on the day following receipt by the
commissioner of a request for mediation; or

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

(3) in the case of state employees,

(a) the Legislative Coordinating Commission has rejected a
negotiated agreement or arbitration decision during a
legislative interim; or

(b) the entire legislature rejects or fails to ratify a
negotiated agreement or arbitration decision, which has been
approved during a legislative interim by the Legislative
Coordinating Commission, at a special legislative session called
to consider it, or at its next regular legislative session,
whichever occurs first.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 179A.17, subdivision 1;
and 179A.18, subdivision 2, are repealed.
new text end