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HF 1671

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public employment; modifying provisions relating to labor or
employee organizations; amending Minnesota Statutes 2008, sections 16A.133,
subdivision 1; 179A.03, subdivision 14; 179A.06, subdivisions 3, 6.

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

Section 1.

Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to
read:


Subdivision 1.

Payroll direct deposit and deductions.

An agency head in the
executive, judicial, and legislative branch shall, upon written request signed by an
employee, directly deposit all or part of an employee's pay to those credit unions or
financial institutions, as defined in section 47.015, designated by the employee.

An agency head deleted text beginmaydeleted text endnew text begin mustnew text end, upon written request of an employee, deduct from the
pay of the employee a requested amount to be paid to the Minnesota Benefit Association,
or to any deleted text beginorganizationdeleted text endnew text begin organizationsnew text end contemplated by section 179A.06, of which the
employee is a member. deleted text beginIf an employee has more than one account with the Minnesota
Benefit Association or more than one organization under section 179A.06, only the
Minnesota Benefit Association and one organization, as defined under section 179A.06,
may be paid money by payroll deduction from the employee's pay.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 179A.03, subdivision 14, is amended to read:


Subd. 14.

Public employee or employee.

"Public employee" or "employee" means
any person appointed or employed by a public employer except:

(a) elected public officials;

(b) election officers;

(c) commissioned or enlisted personnel of the Minnesota National Guard;

(d) emergency employees who are employed for emergency work caused by natural
disaster;

(e) part-time employees whose service does not exceed the lesser of 14 hours per
week or 35 percent of the normal work week in the employee's appropriate unit;

(f) employees whose positions are basically temporary or seasonal in character and:
(1) are not for more than 67 working days in any calendar year; or (2) are not for more
than 100 working days in any calendar year and the employees are under the age of 22, are
full-time students enrolled in a nonprofit or public educational institution prior to being
hired by the employer, and have indicated, either in an application for employment or by
being enrolled at an educational institution for the next academic year or term, an intention
to continue as students during or after their temporary employment;

(g) employees providing services for not more than deleted text begintwo consecutive quartersdeleted text endnew text begin one
semester
new text end to the Board of Trustees of the Minnesota State Colleges and Universities under
the terms of a professional or technical services contract as defined in section 16C.08,
subdivision 1
;

(h) employees of charitable hospitals as defined by section 179.35, subdivision 3;

(i) full-time undergraduate students employed by the school which they attend under
a work-study program or in connection with the receipt of financial aid, irrespective
of number of hours of service per week;

(j) an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

(k) an individual hired by the Board of Trustees of the Minnesota State Colleges
and Universities to teach one course for three or fewer credits deleted text beginfor one semesterdeleted text end in anew text begin
one-year period beginning after the end of an academic year and continuing through the
end of the next academic
new text end year;

(l) with respect to court employees:

(1) personal secretaries to judges;

(2) law clerks;

(3) managerial employees;

(4) confidential employees; and

(5) supervisory employees;

(m) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

The following individuals are public employees regardless of the exclusions of
clauses (e) and (f):

(i) An employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in section 136F.13 or
for community services or community education instruction offered on a noncredit basis:
(A) to replace an absent teacher or faculty member who is a public employee, where the
replacement employee is employed more than 30 working days as a replacement for that
teacher or faculty member; or (B) to take a teaching position created due to increased
enrollment, curriculum expansion, courses which are a part of the curriculum whether
offered annually or not, or other appropriate reasons;

(ii) An employee hired for a position under clause (f)(1) if that same position has
already been filled under clause (f)(1) in the same calendar year and the cumulative
number of days worked in that same position by all employees exceeds 67 calendar days
in that year. For the purpose of this paragraph, "same position" includes a substantially
equivalent position if it is not the same position solely due to a change in the classification
or title of the position; and

(iii) an early childhood family education teacher employed by a school district.

Sec. 3.

Minnesota Statutes 2008, section 179A.06, subdivision 3, is amended to read:


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 representativenew text begin withinnew text end 30 days afternew text begin receipt ofnew text end the written notice
deleted text begin was provideddeleted text end.new text begin If an employee is employed by the same employer in more than one
bargaining unit, the employer shall deduct the fees owed by the employee to the exclusive
representatives of each of the bargaining units of which the employee is a member and
transmit such fees to the respective exclusive representatives within 30 days after receipt
of the written notice.
new text end 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.

Sec. 4.

Minnesota Statutes 2008, section 179A.06, subdivision 6, is amended to read:


Subd. 6.

Dues check off.

Public employees have the right to request and be
allowed dues check off for deleted text beginthedeleted text endnew text begin annew text end exclusive representative. In the absence of an exclusive
representative, public employees have the right to request and be allowed dues check
off for deleted text beginthedeleted text endnew text begin annew text end organization of their choice.