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Minnesota Legislature

Office of the Revisor of Statutes

HF 352

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 04:15pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; granting employees the right to work without being
required to become a member or pay fees to a labor organization; creating penalties
and jurisdiction; providing for other unfair labor practices; amending Minnesota
Statutes 2018, sections 179.01, subdivision 3; 179.10, by adding subdivisions;
179A.06, subdivision 6, by adding subdivisions; 179A.60, subdivision 7; repealing
Minnesota Statutes 2018, sections 179A.03, subdivision 9; 179A.06, subdivision
3.

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

ARTICLE 1

DEFINITIONS

Section 1.

Minnesota Statutes 2018, section 179.01, subdivision 3, is amended to read:


Subd. 3.

Employer.

"Employer" deleted text beginincludesdeleted text endnew text begin meansnew text end all personsnew text begin, firms, associations,
corporations
new text end employing othersnew text begin,new text end and all persons acting in the interest of an employer, but
does not include the state, or any political or governmental subdivision thereof, nor any
person subject to the Federal Railway Labor Act, as amended from time to time, nor the
state or any political or governmental subdivision thereof except when used in section
179.13.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 179A.03, subdivision 9, new text end new text begin is repealed.
new text end

ARTICLE 2

RIGHT TO WORK FOR PRIVATE SECTOR EMPLOYEES

Section 1.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Right to refrain. new text end

new text begin No person shall be required, as a condition or continuation
of employment, to:
new text end

new text begin (1) become or remain a member of a labor organization;
new text end

new text begin (2) pay any dues, fees, assessments, or other similar charges, however denominated, of
any kind or amount to a labor organization; or
new text end

new text begin (3) pay to any charity or other third party, in lieu of such payments, any amount equivalent
to or pro rata portion of dues, fees, assessments, or other charges required of members of a
labor organization.
new text end

Sec. 2.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Agreements in violation. new text end

new text begin An agreement, understanding, or practice, written
or oral, implied or expressed, between any labor organization and employer that violates
the rights of employees as guaranteed by subdivision 3 is hereby declared to be unlawful,
null and void, and of no legal effect.
new text end

Sec. 3.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Penalty; jurisdiction. new text end

new text begin A person who directly or indirectly violates subdivision
3 is guilty of a misdemeanor. District courts shall have jurisdiction to hear and determine
any violation of this subdivision.
new text end

Sec. 4.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Injunctive relief. new text end

new text begin A person injured as a result of any violation or threatened
violation of subdivision 3 is entitled to injunctive relief against any and all violators or
persons threatening violations.
new text end

Sec. 5.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Damages. new text end

new text begin A person injured as a result of a violation or threatened violation of
subdivision 3 shall recover any and all damages, including costs and reasonable attorney
fees, of any character resulting from such violation or threatened violation. Such remedies
shall be independent of and in addition to the penalties and remedies prescribed in other
provisions of this section.
new text end

Sec. 6.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Duty to investigate and enforce. new text end

new text begin It is the duty of the attorney general of this
state, and of the prosecuting attorneys of each county, to investigate complaints of violation
or threatened violations of subdivision 3 and to prosecute all persons violating any of its
provisions, and to take all means at his or her command to ensure effective enforcement.
new text end

Sec. 7.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Exceptions. new text end

new text begin Subdivisions 3 to 8 do not apply:
new text end

new text begin (1) to employers and employees covered by the Railway Labor Act, United States Code,
title 45, section 151, et seq.;
new text end

new text begin (2) to federal employers and employees;
new text end

new text begin (3) to employers and employees on exclusive federal enclaves; or
new text end

new text begin (4) where they would otherwise conflict with, or be preempted by, federal law.
new text end

Sec. 8.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 10. new text end

new text begin Conflict of provisions; effect. new text end

new text begin Wherever the application of other statutes or
laws conflict with the application of this section, this section prevails.
new text end

Sec. 9.

Minnesota Statutes 2018, section 179.10, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Severability clause. new text end

new text begin If this section or the application of this section to any
person or circumstance is held invalid by a court of competent jurisdiction, the remainder
of this section or the application of its provisions to persons or circumstances other than
those to which it is held invalid shall not be affected.
new text end

ARTICLE 3

RIGHT TO WORK FOR PUBLIC SECTOR EMPLOYEES

Section 1.

Minnesota Statutes 2018, section 179A.06, subdivision 6, is amended to read:


Subd. 6.

Dues checkoff.

Public employees have the right to request and be allowed dues
checkoff for the exclusive representative.new text begin Public employees have the right to revoke a dues
checkoff agreement at-will.
new text end In the absence of an exclusive representative, public employees
have the right to request and be allowed dues checkoff for the organization of their choice.

Sec. 2.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Right to refrain. new text end

new text begin No person shall be required, as a condition or continuation
of public employment, to:
new text end

new text begin (1) become or remain a member of a labor organization;
new text end

new text begin (2) pay any dues, fees, assessments, or other similar charges, however denominated, of
any kind or amount to a labor organization; or
new text end

new text begin (3) pay to any charity or other third party, in lieu of such payments, any amount equivalent
to or pro rata portion of dues, fees, assessments, or other charges required of members of a
labor organization.
new text end

Sec. 3.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Agreements in violation. new text end

new text begin An agreement, understanding, or practice, written
or oral, implied or expressed, between any labor organization and employer that violates
the rights of employees as guaranteed by subdivision 3 is hereby declared to be unlawful,
null and void, and of no legal effect.
new text end

Sec. 4.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 10. new text end

new text begin Penalty; jurisdiction. new text end

new text begin A person who directly or indirectly violates subdivision
8 is guilty of a misdemeanor. District courts shall have jurisdiction to hear and determine
any violation of subdivision 8.
new text end

Sec. 5.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Injunctive relief. new text end

new text begin A person injured as a result of any violation or threatened
violation of subdivision 8 is entitled to injunctive relief against any and all violators or
persons threatening violations.
new text end

Sec. 6.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Damages. new text end

new text begin A person injured as a result of a violation or threatened violation
of subdivision 8 shall recover any and all damages, including costs and reasonable attorney
fees, of any character resulting from such violation or threatened violation. Such remedies
shall be independent of and in addition to the penalties and remedies prescribed in other
provisions of this section.
new text end

Sec. 7.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Duty to investigate and enforce. new text end

new text begin It is the duty of the attorney general of this
state, and of the prosecuting attorneys of each county, to investigate complaints of violation
or threatened violations of subdivision 8 and to prosecute all persons violating any of its
provisions, and to take all means at his or her command to ensure effective enforcement.
new text end

Sec. 8.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 14. new text end

new text begin Conflict of provisions; effect. new text end

new text begin Wherever the application of other statutes or
laws conflict with the application of this section, this section prevails.
new text end

Sec. 9.

Minnesota Statutes 2018, section 179A.06, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Severability clause. new text end

new text begin If this section or the application of this section to any
person or circumstance is held invalid by a court of competent jurisdiction, the remainder
of this section or the application of its provisions to persons or circumstances other than
those to which it is held invalid shall not be affected.
new text end

Sec. 10.

Minnesota Statutes 2018, section 179A.60, subdivision 7, is amended to read:


Subd. 7.

Contract negotiations and administration.

The exclusive representative of
employees of a new joint powers entity shall upon certification be responsible to negotiate
a new collective bargaining agreement, file grievances, and otherwise administer the prior
collective bargaining agreement until a new collective bargaining agreement is agreed todeleted text begin,
and to receive dues or fair-share fees
deleted text end.

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 179A.06, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-1974

179A.03 DEFINITIONS.

Subd. 9.

Fair share fee challenge.

"Fair share fee challenge" means any proceeding or action instituted by a public employee, a group of public employees, or any other person, to determine their rights and obligations with respect to the circumstances or the amount of a fair share fee.

179A.06 RIGHTS AND OBLIGATIONS OF EMPLOYEES.

Subd. 3.

Fair share fee.

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.

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.

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.