HF 17

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; including the house of representatives in the
public employment labor relations act; amending Minnesota Statutes 2006,
section 179A.03, subdivisions 7, 15; proposing coding for new law in Minnesota
Statutes, chapter 3.

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

Section 1.

new text begin [3.3051] LABOR NEGOTIATOR.
new text end

new text begin The house Committee on Rules and Legislative Administration shall designate a
labor negotiator to act as employer for the house of representatives under chapter 179A.
new text end

Sec. 2.

Minnesota Statutes 2006, section 179A.03, subdivision 7, is amended to read:

Subd. 7.

Essential employee.

"Essential employee" means firefighters, peace
officers subject to licensure under sections 626.84 to 626.863, 911 system and police and
fire department public safety dispatchers, guards at correctional facilities, confidential
employees, supervisory employees, assistant county attorneys, assistant city attorneys,
principals, and assistant principals. However, for state employees, "essential employee"
means all employees in law enforcement, public safety radio communications operators,
health care professionals, correctional guards, professional engineering, and supervisory
collective bargaining units, irrespective of severance, and no other employees. For
University of Minnesota employees, "essential employee" means all employees in law
enforcement, nursing professional and supervisory units, irrespective of severance,
and no other employees. "Firefighters" means salaried employees of a fire department
whose duties include, directly or indirectly, controlling, extinguishing, preventing,
detecting, or investigating fires. Employees for whom the state court administrator is the
negotiating employer are not essential employees. For Hennepin Healthcare System, Inc.
employees, "essential employees" means all employees. new text begin For employees of the house
of representatives, "essential employee" means an employee in a position classified as
managerial by the house Committee on Rules and Legislative Administration.
new text end

Sec. 3.

Minnesota Statutes 2006, section 179A.03, subdivision 15, is amended to read:

Subd. 15.

Public employer or employer.

"Public employer" or "employer" means:

(a) the state of Minnesota for employees of the state not otherwise provided for in
this subdivision or section 179A.10 for executive branch employees;

(b) the Board of Regents of the University of Minnesota for its employees;

(c) the state court administrator for court employees;

(d) the state Board of Public Defense for its employees;

(e) Hennepin Healthcare System, Inc.; deleted text begin and
deleted text end

(f) notwithstanding any other law to the contrary, the governing body of a political
subdivision or its agency or instrumentality which has final budgetary approval authority
for its employees. However, the views of elected appointing authorities who have
standing to initiate interest arbitration, and who are responsible for the selection, direction,
discipline, and discharge of individual employees shall be considered by the employer in
the course of the discharge of rights and duties under sections 179A.01 to 179A.25 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (g) the labor negotiator designated under section 3.3051 for employees of the house
of representatives.
new text end

When two or more units of government subject to sections 179A.01 to 179A.25
undertake a project or form a new agency under law authorizing common or joint action,
the employer is the governing person or board of the created agency. The governing
official or body of the cooperating governmental units shall be bound by an agreement
entered into by the created agency according to sections 179A.01 to 179A.25.

"Public employer" or "employer" does not include a "charitable hospital" as defined
in section 179.35, subdivision 2.

Nothing in this subdivision diminishes the authority granted pursuant to law to an
appointing authority with respect to the selection, direction, discipline, or discharge of
an individual employee if this action is consistent with general procedures and standards
relating to selection, direction, discipline, or discharge which are the subject of an
agreement entered into under sections 179A.01 to 179A.25.