HF 1545

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

  1.1                          A bill for an act 
  1.2             relating to public employment; adopting a policy for 
  1.3             all public employees; excepting employees found to 
  1.4             have engaged in sexual harassment from standard 
  1.5             discharge procedure; amending Minnesota Statutes 1996, 
  1.6             section 179A.20, subdivision 4; proposing coding for 
  1.7             new law in Minnesota Statutes, chapter 179A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [179A.015] [WORKPLACE ENVIRONMENT; POLICY.] 
  1.10     It is the public policy of this state that all public 
  1.11  employees have the right to work in an environment free from 
  1.12  violence or harassment based on sex, race, national origin, 
  1.13  religion, age, creed, color, disability, marital status, sexual 
  1.14  orientation, status with regard to public assistance, or 
  1.15  political affiliation.  
  1.16     Sec. 2.  Minnesota Statutes 1996, section 179A.20, 
  1.17  subdivision 4, is amended to read: 
  1.18     Subd. 4.  [GRIEVANCE PROCEDURE.] (a) All contracts must 
  1.19  include a grievance procedure providing for compulsory binding 
  1.20  arbitration of grievances including all written disciplinary 
  1.21  actions.  If the parties cannot agree on the grievance 
  1.22  procedure, they are subject to the grievance procedure 
  1.23  promulgated by the commissioner under section 179A.04, 
  1.24  subdivision 3, clause (h).  
  1.25     (b) Notwithstanding any home rule charter to the contrary, 
  1.26  after the probationary period of employment, any disciplinary 
  2.1   action is subject to the grievance procedure and compulsory 
  2.2   binding arbitration. 
  2.3      (c) Employees covered by civil service systems created 
  2.4   under chapter 43A, 44, 375, 387, 419, or 420, by a home rule 
  2.5   charter under chapter 410, or by Laws 1941, chapter 423, may 
  2.6   pursue a grievance through the procedure established under this 
  2.7   section. When the grievance is also within the jurisdiction of 
  2.8   appeals boards or appeals procedures created by chapter 43A, 44, 
  2.9   375, 387, 419, or 420, by a home rule charter under chapter 410, 
  2.10  or by Laws 1941, chapter 423, the employee may proceed through 
  2.11  the grievance procedure or the civil service appeals procedure, 
  2.12  but once a written grievance or appeal has been properly filed 
  2.13  or submitted by the employee or on the employee's behalf with 
  2.14  the employee's consent the employee may not proceed in the 
  2.15  alternative manner.  
  2.16     (d) A teacher who elects a hearing before an arbitrator 
  2.17  under section 125.12, subdivision 9a, or 125.17, subdivision 
  2.18  10a, or who elects or acquiesces to a hearing before the school 
  2.19  board may not later proceed in the alternative manner nor 
  2.20  challenge the termination or discharge through a grievance 
  2.21  procedure required by this subdivision. 
  2.22     (e) This section does not require employers or employee 
  2.23  organizations to negotiate on matters other than terms and 
  2.24  conditions of employment. 
  2.25     (f) Notwithstanding the grievance procedure, applicable 
  2.26  collective bargaining agreements, or other law, an employee who 
  2.27  is found by a court, an arbitrator, or other neutral to have 
  2.28  engaged in sexual harassment as defined in section 363.01, 
  2.29  subdivision 41, against another employee is subject to demotion, 
  2.30  suspension for a minimum of ten days without pay, or immediate 
  2.31  discharge with no rights of rehire. 
  2.32     Sec. 3.  [EFFECTIVE DATE.] 
  2.33     Sections 1 and 2 are effective the day following final 
  2.34  enactment.