HF 1078

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public employment; providing rights and 
  1.3             procedures for certain public employees of local 
  1.4             government units who are displaced as a result of a 
  1.5             transfer of the provision of services from one local 
  1.6             government unit to another local government unit; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 465. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [465.794] [DISPLACED LOCAL GOVERNMENT 
  1.11  EMPLOYEES.] 
  1.12     Subdivision 1.  [APPLICATION.] This section applies to 
  1.13  public employees, except employees of school districts or 
  1.14  educational cooperatives, who are displaced as the result of a 
  1.15  reorganization or consolidation of public services involving a 
  1.16  transfer of services being provided by one local government unit 
  1.17  to another local government unit. 
  1.18     Subd. 2.  [SENIORITY RIGHTS.] A displaced employee who, 
  1.19  under a collective bargaining agreement negotiated under chapter 
  1.20  179A, has the right to exercise seniority rights to remain with 
  1.21  the employee's original employer, must be allowed to do so. 
  1.22     Subd. 3.  [APPOINTMENT TO NEW POSITION.] A displaced 
  1.23  employee who may not or chooses not to exercise seniority rights 
  1.24  under the terms of a collective bargaining agreement must be 
  1.25  appointed to a position created by the new service provider 
  1.26  within 36 months of the reorganization or consolidation as a 
  1.27  result of the reorganization or consolidation.  The new service 
  2.1   provider shall offer the position to a displaced employee who 
  2.2   meets the qualifications for the position in order of the 
  2.3   employee's seniority with the local government unit from which 
  2.4   the service was transferred. 
  2.5      Subd. 4.  [LAYOFFS.] A displaced employee who is not 
  2.6   appointed to a position with the new service provider under 
  2.7   subdivision 3 is considered to be laid off and has the rights 
  2.8   accorded under a collective bargaining agreement with the local 
  2.9   government unit from which the service was transferred. 
  2.10     Subd. 5.  [CALCULATING SENIORITY.] For seniority purposes, 
  2.11  an employee appointed under subdivision 3 is considered a new 
  2.12  employee as of the date of appointment.  When two or more 
  2.13  employees are appointed on the same date, an employee with 
  2.14  greater seniority with the local government unit from which the 
  2.15  service was transferred has greater seniority with the new 
  2.16  service provider.  If two or more employees appointed on the 
  2.17  same date have equal seniority with the local government unit 
  2.18  from which the service was transferred, the employees' seniority 
  2.19  with the new service provider must be determined by the toss of 
  2.20  a coin. 
  2.21     Subd. 6.  [BENEFITS.] The accumulated sick leave and 
  2.22  vacation benefits of a displaced employee appointed under 
  2.23  subdivision 3 must carry over to the new service provider up to 
  2.24  the limits provided in a collective bargaining agreement 
  2.25  governing the employees of the new service provider or, if there 
  2.26  is no collective bargaining agreement, up to the limits set by 
  2.27  the new provider's personnel policies.  Future vacation and sick 
  2.28  leave accrual is governed by the collective bargaining agreement 
  2.29  or, if none, personnel policies of the new provider, except 
  2.30  that, for purposes of calculating future vacation and sick leave 
  2.31  accrual rates, an employee appointed under subdivision 3 must be 
  2.32  given credit for the time the employee spent working with the 
  2.33  local government unit from which the service was transferred. 
  2.34     Subd. 7.  [SALARY LEVEL.] For purposes of calculating the 
  2.35  salary level and any applicable longevity pay, the new service 
  2.36  provider shall credit an employee appointed under subdivision 3 
  3.1   for the time the employee spent working for the local government 
  3.2   unit from which the service was transferred. 
  3.3      Subd. 8.  [ENROLLMENT IN INSURANCE PLANS.] The new service 
  3.4   provider shall provide an employee appointed under subdivision 3 
  3.5   with open enrollment in all insurance plans covering employees 
  3.6   of the new provider, with no limit on preexisting conditions.