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HF 1691

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/15/2023 10:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to labor relations; modifying public employee labor relations; modifying
collective bargaining; amending Minnesota Statutes 2022, sections 13.43,
subdivision 6; 120A.414, subdivision 2; 122A.181, subdivision 5; 122A.26,
subdivision 2; 122A.40, subdivision 5; 122A.41, subdivision 2; 179A.03,
subdivisions 14, 18, 19; 179A.06, subdivision 6, by adding a subdivision; 179A.07,
subdivisions 1, 6, by adding subdivisions; 179A.12, subdivisions 6, 11, by adding
a subdivision; 572B.17; proposing coding for new law in Minnesota Statutes,
chapter 16A; repealing Minnesota Statutes 2022, section 179A.12, subdivision 2.

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

Section 1.

Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read:


Subd. 6.

Access by labor organizations.

new text begin (a) new text end Personnel data deleted text begin maydeleted text end new text begin mustnew text end be disseminated
to labor organizations to the extent deleted text begin that the responsible authority determines that the
dissemination is
deleted text end necessary to conduct elections, deleted text begin notify employees of fair share fee
assessments,
deleted text end new text begin investigate and process grievances,new text end and implement the provisions of chapters
179 and 179A. Personnel data shall be disseminated to labor organizations and to the Bureau
of Mediation Services to the extent the dissemination is ordered or authorized by the
commissioner of the Bureau of Mediation Services.new text begin Personnel data described under section
179A.07, subdivision 8, must be disseminated to an exclusive representative under the terms
of that subdivision. Employee Social Security numbers are not necessary to implement the
provisions of chapters 179 and 179A.
new text end

new text begin (b) The home addresses, nonemployer issued phone numbers and email addresses, dates
of birth, and emails or other communications between exclusive representatives and their
members, prospective members, and nonmembers are private data on individuals.
new text end

Sec. 2.

new text begin [16A.1335] EMPLOYEE SALARIES AND BENEFITS IN EVENT OF STATE
GOVERNMENT SHUTDOWN.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "government shutdown" means that,
as of July 1 of an odd-numbered year, legislation appropriating money for the general
operations of (1) an executive agency, (2) an office or department of the legislature, including
each house of the legislature and the Legislative Coordinating Commission, or (3) a judicial
branch agency or department, including a court, has not been enacted for the biennium
beginning July 1 of that year.
new text end

new text begin Subd. 2. new text end

new text begin Payment required. new text end

new text begin Notwithstanding section 16A.17, subdivision 8, state
employees must be provided payment for lost salary and benefits resulting from their absence
from work during a government shutdown. An employee is eligible for a payment under
this section only upon the employee's return to work.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation; limitation. new text end

new text begin (a) In the event of a government shutdown, the
amount necessary to pay the salary and benefits of employees of any impacted agency,
office, or department is appropriated beginning on that July 1 to that agency, office, or
department. The appropriation is made from the fund or funds from which an appropriation
was made in the previous fiscal year for salary and benefits paid to each affected employee.
new text end

new text begin (b) Amounts appropriated under this subdivision may not exceed the amount or amounts
appropriated for general operations of the affected agency, office, or department in the
previous fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Certification of amount for employees in the legislative and judicial
branches.
new text end

new text begin By June 25 of an odd-numbered year, if a government shutdown appears
imminent, the director of the Legislative Coordinating Commission, the chief clerk of the
house of representatives, the secretary of the senate, and the chief clerk of the supreme court
must each certify to the commissioner of management and budget the amount needed for
salaries and benefits for each fiscal year of the next biennium, and the commissioner of
management and budget shall make the certified amount available on July 1 of that year,
or on another schedule that permits payment of all salary and benefit obligations required
by this section in a timely manner.
new text end

new text begin Subd. 5. new text end

new text begin Subsequent appropriations. new text end

new text begin A subsequent appropriation to the agency, office,
or department for regular operations for a biennium in which this section has been applied
may only supersede and replace the appropriation provided by subdivision 3 by express
reference to this section.
new text end

Sec. 3.

Minnesota Statutes 2022, section 120A.414, subdivision 2, is amended to read:


Subd. 2.

Plan.

A school boardnew text begin , including the board of a charter school,new text end may adopt an
e-learning day plan after deleted text begin consultingdeleted text end new text begin meeting and negotiatingnew text end with the exclusive representative
of the teachers. deleted text begin Adeleted text end new text begin If a charter school's teachers are not represented by an exclusive
representative, the
new text end charter school may adopt an e-learning day plan after consulting with
its teachers. The plan must include accommodations for students without Internet access at
home and for digital device access for families without the technology or an insufficient
amount of technology for the number of children in the household. A school's e-learning
day plan must provide accessible options for students with disabilities under chapter 125A.

Sec. 4.

Minnesota Statutes 2022, section 122A.181, subdivision 5, is amended to read:


Subd. 5.

Limitations on license.

(a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and
limited to the district or charter school that requested the initial Tier 1 license.

(b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).

deleted text begin (c) A Tier 1 license does not bring an individual within the definition of a teacher under
section 179A.03, subdivision 18.
deleted text end

Sec. 5.

Minnesota Statutes 2022, section 122A.26, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

new text begin (a) new text end A person who teaches in a community education program
deleted text begin whichdeleted text end new text begin thatnew text end qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family education
program deleted text begin whichdeleted text end new text begin thatnew text end is offered through a community education program and which qualifies
for community education aid pursuant to section 124D.20 or early childhood and family
education aid pursuant to section 124D.135 shall continue to meet licensure requirements
as a teacher. A person who teaches in a community education course deleted text begin whichdeleted text end new text begin thatnew text end is offered
for credit for graduation to persons under 18 years of age shall continue to meet licensure
requirements as a teacher.

new text begin (b)new text end A person who teaches a driver training course deleted text begin whichdeleted text end new text begin thatnew text end is offered through a
community education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section 171.35. A
license deleted text begin whichdeleted text end new text begin thatnew text end is required for an instructor in a community education program pursuant
to this deleted text begin subdivisiondeleted text end new text begin paragraphnew text end shall not be construed to bring an individual within the
definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41,
subdivision 1
, deleted text begin clausedeleted text end new text begin paragraphnew text end (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:


Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's first
teaching experience in Minnesota in a single district is deemed to be a probationary period
of employment, and, the probationary period in each district in which the teacher is thereafter
employed shall be one year. The school board must adopt a plan for written evaluation of
teachers during the probationary period that is consistent with subdivision 8. Evaluation
must occur at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur within the first
90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school
must not be included in determining the number of school days on which a teacher performs
services. Except as otherwise provided in paragraph (b), during the probationary period any
annual contract with any teacher may or may not be renewed as the school board shall see
fit. However, the board must give any such teacher whose contract it declines to renew for
the following school year written notice to that effect before July 1. If the teacher requests
reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason
in writing, including a statement that appropriate supervision was furnished describing the
nature and the extent of such supervision furnished the teacher during the employment by
the board, within ten days after receiving such request. The school board may, after a hearing
held upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher, effective immediately, upon receipt
of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has
been revoked due to a conviction for child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least deleted text begin 120deleted text end new text begin 90new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 7.

Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:


Subd. 2.

Probationary period; discharge or demotion.

(a) deleted text begin All teachers in the public
schools in cities of the first class during the first three years of consecutive employment
shall be deemed to be in a probationary period of employment during which period any
annual contract with any teacher may, or may not, be renewed as the school board, after
consulting with the peer review committee charged with evaluating the probationary teachers
under subdivision 3, shall see fit.
deleted text end new text begin The first three consecutive years of a teacher's first teaching
experience in Minnesota in a single district is deemed to be a probationary period of
employment, and the probationary period in each district in which the teacher is thereafter
employed shall be one year.
new text end The school site management team or the school board if there
is no school site management team, shall adopt a plan for a written evaluation of teachers
during the probationary period according to subdivisions 3 and 5. Evaluation by the peer
review committee charged with evaluating probationary teachers under subdivision 3 shall
occur at least three times periodically throughout each school year for a teacher performing
services during that school year; the first evaluation must occur within the first 90 days of
teaching service. Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days on which a teacher performs
services. The school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of
such discharge or demotion shall be given to the teacher by the school board at least 30
days before such removal or demotion shall become effective, and the teacher so notified
shall have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(d) A probationary teacher must complete at least deleted text begin 120deleted text end new text begin 90new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 8.

Minnesota Statutes 2022, section 179A.03, subdivision 14, is amended to read:


Subd. 14.

Public employee or employee.

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

(1) elected public officials;

(2) election officers;

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

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

(5) 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;

(6) employees whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year; deleted text begin ordeleted text end (ii)new text begin are not working for a
Minnesota school district or charter school; or (iii)
new text end 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;

(7) employees providing services for not more than two consecutive quarters 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;

(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;

(9) 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;

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

deleted text begin (11) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities to teach one course for three or fewer credits for one semester in a year;
deleted text end

deleted text begin (12)deleted text end new text begin (11)new text end with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees;new text begin or
new text end

deleted text begin (13)deleted text end new text begin (12)new text end with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) deleted text begin and (6)deleted text end new text begin to (7)new text end :

(1) 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 the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) 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 (ii) 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;

(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), 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; deleted text begin and
deleted text end

(3) an early childhood family education teacher employed by a school districtdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities as the instructor of record to teach (i) one class for more than three credits in
a fiscal year, or (ii) two or more credit-bearing classes in a fiscal year.
new text end

Sec. 9.

Minnesota Statutes 2022, section 179A.03, subdivision 18, is amended to read:


Subd. 18.

Teacher.

"Teacher" means any public employee other than a superintendent
or assistant superintendent, principal, assistant principal, or a supervisory or confidential
employee, employed by a school district:

(1) in a position for which the person must be licensed by the Professional Educator
Licensing and Standards Board or the commissioner of education; deleted text begin or
deleted text end

(2) in a position as a physical therapist, occupational therapist, art therapist, music
therapist, or audiologistdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) in a position creating and delivering instruction to children in a prekindergarten or
early learning program, except that an employee in a bargaining unit certified before January
1, 2023, may remain in a bargaining unit that does not include teachers unless an exclusive
representative files a petition for a unit clarification or to transfer exclusive representative
status.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 10.

Minnesota Statutes 2022, section 179A.03, subdivision 19, is amended to read:


Subd. 19.

Terms and conditions of employment.

"Terms and conditions of employment"
means the hours of employment, the compensation therefor including fringe benefits except
retirement contributions or benefits other than employer payment of, or contributions to,
premiums for group insurance coverage of retired employees or severance pay, new text begin staffing
ratios,
new text end and the employer's personnel policies affecting the working conditions of the
employees. In the case of professional employees the term does not mean educational
policies of a school district. "Terms and conditions of employment" is subject to section
179A.07.new text begin In the case of school employees, "terms and conditions of employment" includes
class sizes, student testing, and student-to-personnel ratios.
new text end

Sec. 11.

Minnesota Statutes 2022, section 179A.06, subdivision 6, is amended to read:


Subd. 6.

deleted text begin Dues checkoffdeleted text end new text begin Payroll deduction, authorization, and remittancenew text end .

new text begin (a) new text end Public
employees have the right to request and be allowed deleted text begin dues checkoffdeleted text end new text begin payroll deductionnew text end for the
exclusive representativedeleted text begin . 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.
deleted text end new text begin
and the political fund associated with the exclusive representative and registered pursuant
to section 10A.12. A public employer must rely on a certification from any exclusive
representative requesting remittance of a deduction that the organization has and will maintain
an authorization, signed by the public employee from whose salary or wages the deduction
is to be made, which may include an electronic signature by the public employee as defined
in section 325L.02, paragraph (h). An exclusive representative making such certification
must not be required to provide the public employer a copy of the authorization unless a
dispute arises about the existence or terms of the authorization. The exclusive representative
must indemnify the public employer for any successful claims made by the employee for
unauthorized deductions in reliance on the certification.
new text end

new text begin (b) A dues deduction authorization remains in effect until the employer receives notice
from the exclusive representative that a public employee has changed or canceled their
authorization in writing in accordance with the terms of the original authorizing document,
and a public employer must rely on information from the exclusive representative receiving
remittance of the deduction regarding whether the deductions have been properly changed
or canceled. The exclusive representative must indemnify the public employer for any
successful claims made by the employee for unauthorized deductions made in reliance on
such information.
new text end

new text begin (c) Deduction authorization under this section is independent from the public employee's
membership status in the organization to which payment is remitted and is effective regardless
of whether a collective bargaining agreement authorizes the deduction.
new text end

new text begin (d) Employers must commence deductions within 30 days of notice of authorization
from the exclusive representative and must remit the deductions to the exclusive
representative within 30 days of the deduction. The failure of an employer to comply with
the provisions of this paragraph shall be an unfair labor practice under section 179A.13, the
relief for which shall be reimbursement by the employer of deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.
new text end

new text begin (e) In the absence of an exclusive representative, public employees have the right to
request and be allowed payroll deduction for the organization of their choice.
new text end

new text begin (f) Any dispute under this subdivision must be resolved through an unfair labor practice
proceeding under section 179A.13.
new text end

Sec. 12.

Minnesota Statutes 2022, section 179A.06, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Liability. new text end

new text begin (a) A public employer, a labor organization, or any of its employees
or agents shall not be liable for and shall have a complete defense to claims or actions under
the laws of this state for requiring, deducting, receiving, or retaining agency or fair share
fees from public employees. Current or former public employees shall not have standing
to pursue these claims or actions if the fees were permitted at the time under the laws of
this state then in force and paid, through payroll deduction or otherwise, prior to June 27,
2018.
new text end

new text begin (b) This subdivision applies to claims or actions pending on the effective date of this
section and to claims or actions filed on or after that date.
new text end

new text begin (c) The enactment of this section shall not be interpreted to create the inference that any
relief made unavailable by this section would otherwise be available.
new text end

new text begin (d) The legislature finds and declares:
new text end

new text begin (1) application of this subdivision to pending claims or actions clarifies state law rather
than changes it. Public employees who paid agency or fair share fees as a condition of
employment according to state law and supreme court precedent prior to June 27, 2018,
had no legitimate expectation of receiving the money under any available cause of action.
Public employees and organizations who relied on and abided by state law and supreme
court precedent in deducting and accepting those fees were not liable to refund them or any
agency or fair share fees paid for collective bargaining representation that employee
organizations were obligated by state law to provide to public employees. Application of
this subdivision to pending claims will preserve, rather than interfere with, important reliance
interests; and
new text end

new text begin (2) this subdivision is necessary to provide certainty to public employers and employee
organizations that relied on state law, and to avoid disruption of public employee labor
relations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2022, section 179A.07, subdivision 1, is amended to read:


Subdivision 1.

Inherent managerial policy.

A public employer is not required to meet
and negotiate on matters of inherent managerial policy. Matters of inherent managerial
policy include, but are not limited to, such areas of discretion or policy as the functions and
programs of the employer, its overall budget, utilization of technology, the organizational
structure, selection of personnel, and direction deleted text begin and the numberdeleted text end of personnel. No public
employer shall sign an agreement which limits its right to select persons to serve as
supervisory employees or state managers under section 43A.18, subdivision 3, or requires
the use of seniority in their selection.

Sec. 14.

Minnesota Statutes 2022, section 179A.07, subdivision 6, is amended to read:


Subd. 6.

Time off.

A public employer must afford reasonable time off to elected officers
or appointed representatives of the exclusive representative to conduct the duties of the
exclusive representative and must, upon request, provide for leaves of absence to elected
or appointed officials of the exclusive representativenew text begin , to elected or appointed officials of an
affiliate of an exclusive representative,
new text end or to a full-time appointed official of an exclusive
representative of teachers in another Minnesota school district.

Sec. 15.

Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Bargaining unit information. new text end

new text begin (a) Within ten calendar days from the date of
hire of a bargaining unit employee, a public employer must provide the following contact
information to an exclusive representative in an Excel file format or other format agreed to
by the exclusive representative: name; job title; worksite location, including location within
a facility when appropriate; home address; work telephone number; home and personal cell
phone numbers on file with the public employer; date of hire; and work email address and
personal email address on file with the public employer.
new text end

new text begin (b) Every 120 calendar days beginning on January 1, 2024, a public employer must
provide an exclusive representative in an Excel file or similar format agreed to by the
exclusive representative the following information for all bargaining unit employees: name,
job title, worksite location, home address, work telephone number, home and personal cell
phone numbers on file with the public employer, date of hire, and work email address and
personal email address on file with the public employer.
new text end

Sec. 16.

Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Access. new text end

new text begin (a) A public employer must allow an exclusive representative to meet
in person with newly hired employees, without charge to the pay or leave time of the
employees, for 30 minutes, within 30 calendar days from the date of hire, during new
employee orientations or, if the employer does not conduct new employee orientations, at
individual or group meetings. An exclusive representative shall receive no less than ten
days' notice in advance of an orientation, except that a shorter notice may be provided where
there is an urgent need critical to the operations of the public employer that was not
reasonably foreseeable. Notice of and attendance at new employee orientations and other
meetings under this paragraph must be limited to the public employer, the employees, the
exclusive representative, and any vendor contracted to provide a service for purposes of the
meeting. Meetings may be held virtually or for longer than 30 minutes only by mutual
agreement of the public employer and exclusive representative.
new text end

new text begin (b) A public employer must allow an exclusive representative to communicate with
bargaining unit members using their employer-issued email addresses regarding collective
bargaining, the administration of collective bargaining agreements, the investigation of
grievances, other workplace-related complaints and issues, and internal matters involving
the governance or business of the exclusive representative, consistent with the employer's
generally applicable technology use policies.
new text end

new text begin (c) A public employer must allow an exclusive representative to meet with bargaining
unit members in facilities owned or leased by the public employer regarding collective
bargaining, the administration of collective bargaining agreements, grievances and other
workplace-related complaints and issues, and internal matters involving the governance or
business of the exclusive representative, provided the use does not interfere with
governmental operations. Meetings conducted in government buildings pursuant to this
paragraph must not be for the purpose of supporting or opposing any candidate for partisan
political office or for the purpose of distributing literature or information regarding partisan
elections. An exclusive representative conducting a meeting in a government building or
other government facility pursuant to this subdivision may be charged for maintenance,
security, and other costs related to the use of the government building or facility that would
not otherwise be incurred by the government entity.
new text end

Sec. 17.

Minnesota Statutes 2022, section 179A.12, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Majority verification procedure. new text end

new text begin (a) Notwithstanding any other provision
of this section, an employee organization may file a petition with the commissioner requesting
certification as the exclusive representative of an appropriate unit based on a verification
that over 50 percent of the employees in the proposed appropriate unit wish to be represented
by the petitioner. The commissioner shall require dated representation authorization
signatures of affected employees as verification of the employee organization's claim of
majority status.
new text end

new text begin (b) Upon receipt of an employee organization's petition, accompanied by employee
authorization signatures under this subdivision, the commissioner shall investigate the
petition. If the commissioner determines that over 50 percent of the employees in an
appropriate unit have provided authorization signatures designating the employee
organization specified in the petition as their exclusive representative, the commissioner
shall not order an election but shall certify the employee organization.
new text end

Sec. 18.

Minnesota Statutes 2022, section 179A.12, subdivision 6, is amended to read:


Subd. 6.

Authorization signatures.

In determining the numerical status of an employee
organization for purposes of this section, the commissioner shall require dated representation
authorization signatures of affected employees as verification of the statements contained
in the joint request or petitions. These authorization signatures shall be privileged and
confidential information available to the commissioner only.new text begin Electronic signatures, as defined
in section 325L.02, paragraph (h), shall be valid as authorization signatures. Authorization
signatures shall be valid for a period of one year following the date of signature.
new text end

Sec. 19.

Minnesota Statutes 2022, section 179A.12, subdivision 11, is amended to read:


Subd. 11.

Unfair labor practices.

If the commissioner finds that an unfair labor practice
was committed by an employer or representative candidate or an employee or group of
employees, and that the unfair labor practice affected the result of an electionnew text begin or majority
verification procedure pursuant to subdivision 2a
new text end , or that procedural or other irregularities
in the conduct of the election new text begin or majority verification procedure new text end may have substantially
affected its results, the commissioner may void the deleted text begin electiondeleted text end result and order a new electionnew text begin
or majority verification procedure
new text end .

Sec. 20.

Minnesota Statutes 2022, section 572B.17, is amended to read:


572B.17 WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and, upon
motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the
manner for enforcement of subpoenas in a civil action.

(b) On request of a party to or a witness in an arbitration proceeding, an arbitrator may
permit a deposition of any witness to provide testimony at the arbitration hearing, including
a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under
conditions determined by the arbitrator for use as evidence in order to make the proceeding
fair, expeditious, and cost-effective.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in
the circumstances, taking into account the needs of the parties to the arbitration proceeding
and other affected persons and the desirability of making the proceeding fair, expeditious,
and cost-effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a
party to the arbitration proceeding to comply with the arbitrator's discovery-related orders,
including the issuance of a subpoena for the attendance of a witness and for the production
of records and other evidence at a discovery proceeding, and may take action against a party
to the arbitration proceeding who does not comply to the extent permitted by law as if the
controversy were the subject of a civil action in this state.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets, new text begin data classified as nonpublic or private
pursuant to chapter 13,
new text end and other information protected from disclosure as if the controversy
were the subject of a civil action in this state.

(f) All laws compelling a person under subpoena to testify and all fees for attending a
judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an
arbitration proceeding as if the controversy were the subject of a civil action under the laws
and rules of civil procedure of this state.

(g) The court may enforce a subpoena or discovery-related order for the attendance of
a witness within this state and for the production of records and other evidence issued by
an arbitrator in connection with an arbitration proceeding in another state upon conditions
determined by the court in order to make the arbitration proceeding fair, expeditious, and
cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served
in the manner provided by law for service of subpoenas in a civil action in this state and,
upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced
in the manner provided by law for enforcement of subpoenas in a civil action in this state.

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 179A.12, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1691-1

179A.12 EXCLUSIVE REPRESENTATION; ELECTIONS; DECERTIFICATION.

Subd. 2.

Certification upon joint request.

The commissioner may certify an employee organization as an exclusive representative in an appropriate unit upon the joint request of the employer and the organization if, after investigation, the commissioner finds that no unfair labor practice was committed in initiating and submitting the joint request and that the employee organization represents over 50 percent of the employees in the appropriate unit. This subdivision does not reduce the time period or nullify any bar to the employee organization's certification existing at the time of the filing of the joint request.