HF 586

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to public employees; instituting a freeze on salaries and wage rates for
government employees.

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

Section 1. new text begin SALARY FREEZE.
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new text begin Subdivision 1. new text end

new text begin Salary increases prohibited. new text end

new text begin (a) From the effective date of this
section through June 30, 2011, a government employer must not increase the rate of
salary or wages for any employee. This section prohibits any increase including, but
not limited to, across-the-board increases; cost-of-living adjustments; increases based
on longevity; increases as a result of step and lane changes; increases in the form of
lump-sum payments; increases in employer contributions to deferred compensation plans;
or any other pay grade adjustments of any kind. For purposes of this section, salary or
wages does not include employer contributions toward the cost of medical or dental
insurance premiums, provided that employee contributions to the costs of medical or
dental insurance premiums are not decreased.
new text end

new text begin (b) This section does not prohibit an increase in the rate of salary and wages for an
employee who is promoted or transferred to a position with greater job responsibilities.
Additional educational credits or degrees or a lane change is not a promotion or a transfer
to a position with greater job responsibilities. This section also does not prohibit a school
district or charter school from implementing an alternative compensation program
approved by the commissioner of the Department of Education. The commissioner may
approve an alternative compensation program at the commissioner's sole discretion.
new text end

new text begin Subd. 2. new text end

new text begin Contracts in effect. new text end

new text begin (a) This section does not prohibit a government
employer from effectuating an increase in the rate of salary or wages for employees if
required by a contract or collective bargaining agreement that is in effect before the
effective date of this section. However, from the effective date of this section until June
30, 2011, a government employer may not:
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new text begin (1) enter into a new contract or collective bargaining agreement that increases salary
or wages in a manner prohibited by this section; or
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new text begin (2) increase the rate of salary or wages for employees through extension of an expired
contract or collective bargaining agreement or any other arrangement or agreement.
new text end

new text begin (b) Notwithstanding any law to the contrary, if, as of the effective date of this
section, a government employer has agreed to or entered into a contract or collective
bargaining agreement that is not scheduled to become effective until after the effective
date of this section, any provision of the contract or collective bargaining agreement that
violates subdivision 1, paragraph (a), is void. If this occurs, the exclusive representative
may rescind the entire contract or collective bargaining agreement. To be effective, a
request to rescind the contract must be made within 30 calendar days following the
effective date of this section. Any subsequent contract or collective bargaining agreement
must comply with the terms of this section.
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new text begin (c) Notwithstanding any law to the contrary, upon expiration of a contract or
collective bargaining agreement, each employee must remain at the rate of salary and wage
in effect at the time the contract expired, except as authorized in subdivision 1, paragraph
(b). Any language in a contract or collective bargaining agreement that attempts to extend
the terms of the contract or collective bargaining agreement is invalid if it seeks to extend
the application of the terms of a collective bargaining agreement past the durational limits
set forth in Minnesota Statutes, section 179A.20, subdivision 3.
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new text begin Subd. 3. new text end

new text begin Future contracts. new text end

new text begin A contract or collective bargaining agreement or
compensation plan entered into after June 30, 2011, must not provide a retroactive salary
or wage increase that applies to a period before June 30, 2011, if that increase would be
prohibited by this section if granted before June 30, 2011.
new text end

new text begin Subd. 4. new text end

new text begin Arbitration and strikes. new text end

new text begin Notwithstanding any law to the contrary:
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new text begin (1) employees of a government employer may not legally strike due to a government
employer's refusal to grant a salary or wage increase if the refusal is required to comply
with this section; and
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new text begin (2) neither a government employer nor an exclusive representative may request
interest arbitration in relation to an increase in the rate of salary or wages that is prohibited
by this section and an arbitrator may not issue an award that would increase salary or
wages in a manner prohibited by this section.
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "government employer" means:
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new text begin (1) the state and all statewide, regional, or local government bodies including, but
not limited to, all state departments, boards, agencies, offices, bureaus, commissions,
authorities, councils, task forces, and state constitutional offices;
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new text begin (2) Minnesota State Colleges and Universities;
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new text begin (3) offices in the executive, legislative, or judicial branches of the state;
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new text begin (4) all regional boards, regional commissions, and regional councils;
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new text begin (5) all counties;
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new text begin (6) all statutory or home rule charter cities, towns, townships, and other
governmental bodies covered under Minnesota Statutes, chapter 179A; and
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new text begin (7) all school districts and charter schools.
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new text begin For purposes of this section, "employee" includes a local government elected official.
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new text begin Subd. 6. new text end

new text begin Relation to other law. new text end

new text begin This section supersedes Minnesota Statutes,
chapter 179A, and any other law to the contrary. It is not an unfair labor practice under
Minnesota Statutes, chapter 179A, for a public employer to take any action required to
comply with this section.
new text end new text begin new text end

Sec. 2. new text begin UNIVERSITY OF MINNESOTA; SALARY AND WAGE RATE FREEZE
RECOMMENDED.
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new text begin The legislature strongly recommends that the University of Minnesota comply with
section 1 as if it were defined as a government employer under that section.
new text end

Sec. 3. new text begin EFFECTIVE DATE; EXPIRATION.
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new text begin Sections 1 and 2 are effective the day following final enactment. Section 1,
subdivisions 1, 2, and 4 to 6; and section 2, expire on June 30, 2011.
new text end