as introduced - 87th Legislature (2011 - 2012) Posted on 02/13/2012 11:51am
|Introduction||Posted on 02/13/2012|
A bill for an act
relating to labor; modifying public employees' fair share fee; amending
Minnesota Statutes 2010, section 179A.06, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 179A.06, subdivision 3, is amended to
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, lessnew text beginnew text end the cost of benefits financed
through the dues and available only to members of the exclusive representativenew text beginnew text end.
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 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.