HF 310

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for certain PELRA 
  1.3             provisions; amending Minnesota Statutes 1996, sections 
  1.4             179A.16, by adding a subdivision; and 179A.17, 
  1.5             subdivision 1; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 179A; repealing Minnesota 
  1.7             Statutes 1996, section 124A.22, subdivision 2a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 179A.16, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [TEACHERS.] (a) For contracts between exclusive 
  1.12  representatives of teachers and public employers of teachers 
  1.13  other than the state, procedures for negotiation of agreements, 
  1.14  mediation and interest arbitration must be as otherwise provided 
  1.15  in this chapter until August 15 of the odd-numbered year.  If 
  1.16  either the public employer or the exclusive representative of 
  1.17  the teachers requests interest arbitration after August 15 of 
  1.18  the odd-numbered year, the commissioner shall request necessary 
  1.19  information from the parties, shall determine the matters not 
  1.20  agreed upon based on the efforts to mediate the dispute and the 
  1.21  positions submitted by the parties during negotiations or 
  1.22  mediation, and shall prepare a list of the items to be decided 
  1.23  by an arbitration panel.  The commissioner shall submit the list 
  1.24  of items to be decided by an arbitration panel to the parties.  
  1.25  Within 15 days of its receipt of the list of items to be decided 
  1.26  by an arbitration panel, the public employer shall notify the 
  2.1   commissioner whether it agrees to submission of those items to 
  2.2   interest arbitration. 
  2.3      (b) If the public employer agrees to submission of those 
  2.4   items to interest arbitration, those items must be submitted to 
  2.5   final-offer total-package interest arbitration and the result is 
  2.6   final and binding on the parties.  The parties may mutually 
  2.7   stipulate items to be excluded from arbitration. 
  2.8      (c) If the public employer does not respond to the 
  2.9   commissioner within 15 days of its receipt of the list of items 
  2.10  to be decided by an arbitration panel or if it rejects 
  2.11  submission of those items to interest arbitration, the teachers 
  2.12  may strike if they have complied with the following: 
  2.13     (1) the exclusive representative of the teachers has 
  2.14  submitted the last offer of the public employer to a secret vote 
  2.15  by the membership of the teacher bargaining unit and it has been 
  2.16  rejected; and 
  2.17     (2) after the rejection of the public employer's last 
  2.18  offer, the teachers have complied with the notice procedures of 
  2.19  section 179A.18, subdivision 3. 
  2.20     (d) If neither the public employer nor the exclusive 
  2.21  representative of the teachers requests interest arbitration, 
  2.22  this chapter applies. 
  2.23     Sec. 2.  Minnesota Statutes 1996, section 179A.17, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [FOR TEACHERS.] If a new or different 
  2.26  exclusive representative of teachers employed by a local school 
  2.27  district is certified by the commissioner at any time other than 
  2.28  the period between 120 days before the termination date of a 
  2.29  contract and the termination date of the contract, or if on July 
  2.30  1 of any odd-numbered year a representation proceeding involving 
  2.31  the employer and the employer's teachers is before the 
  2.32  commissioner, section 179A.18, subdivision 2, clause (1), shall 
  2.33  apply.  In those cases, however, the employer and the exclusive 
  2.34  representative of the teachers shall execute a written contract 
  2.35  or memorandum of contract no later than 60 days after a 
  2.36  certification by the commissioner of a new or different 
  3.1   exclusive representative or the resolution by the commissioner 
  3.2   of a representation proceeding.  Either party may petition the 
  3.3   commissioner for assistance in reaching an agreement.  If the 
  3.4   employer and the exclusive representative of the teachers fail 
  3.5   to execute a contract by 60 days after the certification of a 
  3.6   new or different exclusive representative or the resolution by 
  3.7   the commissioner of a representation proceeding, they shall be 
  3.8   conclusively presumed to be at an impasse after having 
  3.9   participated in mediation as specified in section 179A.18, 
  3.10  subdivision 2, clause (1)(b).  After the 60 days, section 
  3.11  179A.16, subdivision 1a, applies as though agreement had not 
  3.12  been reached by August 15 of the odd-numbered year. 
  3.13     Sec. 3.  [179A.32] [NOTICE OF LAYOFFS.] 
  3.14     Notwithstanding any law to the contrary or governing 
  3.15  collective bargaining agreements, school districts and school 
  3.16  boards shall not be required to notify teachers or their 
  3.17  exclusive representatives of layoffs until 30 days prior to the 
  3.18  beginning of the school year. 
  3.19     Sec. 4.  [REPEALER.] 
  3.20     Minnesota Statutes 1996, section 124A.22, subdivision 2a, 
  3.21  is repealed. 
  3.22     Sec. 5.  [EFFECTIVE DATE.] 
  3.23     Sections 1, 2, and 4 are effective July 1, 1997.