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HF 2203

as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 12:30pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/13/2012

Current Version - as introduced

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A bill for an act
relating to labor; modifying the public employee fair share fee; prohibiting dues
check offs; amending Minnesota Statutes 2010, sections 179A.06, subdivisions
3, 6; 179A.102, subdivisions 3, 6.

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

Section 1.

Minnesota Statutes 2010, 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.

deleted text begin The employer shall deduct the fee from the earnings of the employee and transmit
the fee to the exclusive representative 30 days after the written notice was provided. 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.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 179A.06, subdivision 6, is amended to read:


Subd. 6.

Dues check offnew text begin; prohibitionnew text end.

Public deleted text beginemployees have the right to request
and be allowed
deleted text endnew text begin employers, including school districts, shall not provide anew text end dues check off
for the exclusive representative. deleted text beginIn the absence of an exclusive representative, public
employees have the right to request and be allowed dues check off for the organization
of their choice.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 179A.102, subdivision 3, is amended to read:


Subd. 3.

No existing majority.

(a) If no exclusive representative is certified under
subdivision 2, the commissioner shall certify an employee organization as exclusive
representative for an appropriate unit established under section 179A.101 upon a petition
filed by the organization within the time period provided in subdivision 2 demonstrating
that the petitioner is certified under section 179A.12 as the exclusive representative of
fewer than a majority of the employees included within the unit established by section
179A.101, if no other employee organization so certified has filed a petition within the time
period provided in subdivision 2 and a majority of the employees in the unit established
by section 179A.101 are represented by employee organizations under section 179A.12
on the effective date of the judicial district coming under section 480.181, subdivision 1,
paragraph (b). Two or more employee organizations, each of which represents employees
included in the unit established by section 179A.101, may petition jointly under this
paragraph, provided that any organization may withdraw from a joint certification in
favor of the remaining organizations on 30 days' notice to the remaining organizations,
the employer, and the commissioner without affecting the rights and obligations of the
remaining organizations or the employer. The commissioner shall make a determination
on a timely petition within 45 days of its receipt.

(b) If no exclusive representative is certified under subdivision 2 or paragraph (a),
and an employee organization petitions the commissioner within 90 days of the effective
date of the judicial district coming under section 480.181, subdivision 1, paragraph
(b), demonstrating that a majority of the employees included within a unit established
by section 179A.101 wish to be represented by the petitioner, where this majority is
evidenced by current dues deleted text begindeduction rightsdeleted text end, signed statements from court employees in
counties within the district that are not currently represented by any employee organization
plainly indicating that the signatories wish to be represented for collective bargaining
purposes by the petitioner rather than by any other organization, or a combination of
those, the commissioner shall certify the petitioner as exclusive representative of the
employees in the unit established by section 179A.101. The commissioner shall make a
determination on a timely petition within 45 days of its receipt.

(c) If no exclusive representative is certified under subdivision 2 or paragraph (a) or
(b), and an employee organization petitions the commissioner subsequent to the effective
date of the judicial district coming under section 480.181, subdivision 1, paragraph (b),
demonstrating that at least 30 percent of the employees included within a unit established
by section 179A.101 wish to be represented by the petitioner, where this 30 percent is
evidenced by current dues deleted text begindeduction rightsdeleted text end, signed statements from court employees in
counties within the district that are not currently represented by any employee organization
plainly indicating that the signatories wish to be represented for collective bargaining
purposes by the petitioner rather than by any other organization, or a combination of
those, the commissioner shall conduct a secret ballot election to determine the wishes of
the majority. The election must be conducted within 45 days of receipt or final decision on
any petitions filed pursuant to subdivision 2, whichever is later. The election is governed
by section 179A.12, where not inconsistent with other provisions of this section.

Sec. 4.

Minnesota Statutes 2010, section 179A.102, subdivision 6, is amended to read:


Subd. 6.

Contract and representation responsibilities.

(a) Notwithstanding
the provisions of section 179A.101, the exclusive representatives of units of court
employees certified prior to the effective date of the judicial district coming under
section 480.181, subdivision 1, paragraph (b), remain responsible for administration of
their contracts and for other contractual duties and have the right to dues and fair share
fee deleted text begindeductiondeleted text end and other contractual privileges and rights until a contract is agreed upon
with the state court administrator for a new unit established under section 179A.101.
Exclusive representatives of court employees certified after the effective date of Laws
1999, chapter 216, article 7, section 10, in the judicial district are immediately upon
certification responsible for bargaining on behalf of employees within the unit. They are
also responsible for administering grievances arising under previous contracts covering
employees included within the unit which remain unresolved upon agreement with the
state court administrator on a contract for a new unit established under section 179A.101.
Where the employer does not object, these responsibilities may be varied by agreement
between the outgoing and incoming exclusive representatives. All other rights and duties
of representation begin on July 1 of the year in which the state assumes the funding of
court administration in the judicial district, except that exclusive representatives certified
after the effective date of Laws 1999, chapter 216, article 7, section 10, shall immediately,
upon certification, have the right to all employer information and all forms of access to
employees within the bargaining unit which would be permitted to the current contract
holder, including the rights in section 179A.07, subdivision 6. This section does not
affect an existing collective bargaining contract. Incoming exclusive representatives of
court employees from judicial districts that come under section 480.181, subdivision 1,
paragraph (b), are immediately, upon certification, responsible for bargaining on behalf
of all previously unrepresented employees assigned to their units. All other rights and
duties of exclusive representatives begin on July 1 of the year in which the state assumes
the funding of court administration in the judicial district.

(b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter
216, article 7, sections 3 to 15, prevents an exclusive representative certified after
the effective dates of those provisions from assessing fair share or dues deleted text begindeductionsdeleted text end
immediately upon certification for employees in a unit established under section 179A.101
if the employees were unrepresented for collective bargaining purposes before that
certification.