HF 2263

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:50pm

A bill for an act
relating to public employment; requiring affirmative approval before interim
implementation of state employee collective bargaining agreements; amending
Minnesota Statutes 2018, section 3.855, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 3.855, subdivision 2, is amended to read:

Subd. 2.

State employee negotiations.

(a) The commissioner of management and budget
shall regularly advise the commission on the progress of collective bargaining activities
with state employees under the state Public Employment Labor Relations Act. During
negotiations, the commission may make recommendations to the commissioner as it deems
appropriate but no recommendation shall impose any obligation or grant any right or privilege
to the parties.

(b) The commissioner shall submit to the chair of the commission any negotiated
collective bargaining agreements, arbitration awards, compensation plans, or salaries for
legislative approval or disapproval. Negotiated agreements shall be submitted within five
days of the date of approval by the commissioner or the date of approval by the affected
state employees, whichever occurs later. Arbitration awards shall be submitted within five
days of their receipt by the commissioner. If the commission disapproves a collective
bargaining agreement, award, compensation plan, or salary, the commission shall specify
in writing to the parties those portions with which it disagrees and its reasons. If the
commission approves a collective bargaining agreement, award, compensation plan, or
salary, it shall submit the matter to the legislature to be accepted or rejected under this
section.

(c) When the legislature is not in session, the commission may give interim approval to
a negotiated collective bargaining agreement, salary, compensation plan, or arbitration
award. deleted text begin When the legislature is not in session, failure of the commission to disapprove a
collective bargaining agreement or arbitration award within 30 days constitutes approval. deleted text end
The commission shall submit the negotiated collective bargaining agreements, salaries,
compensation plans, or arbitration awards for which it has provided approval to the entire
legislature for ratification at a special legislative session called to consider them or at its
next regular legislative session as provided in this section. Approval or disapproval by the
commission is not binding on the legislature.

(d) When the legislature is not in session, the proposed collective bargaining agreement,
arbitration decision, salary, or compensation plan must be implemented upon its approval
by the commission, and state employees covered by the proposed agreement or arbitration
decision do not have the right to strike while the interim approval is in effect. Wages and
economic fringe benefit increases provided for in the agreement or arbitration decision paid
in accordance with the interim approval by the commission are not affected, but the wages
or benefit increases must cease to be paid or provided effective upon the rejection of the
agreement, arbitration decision, salary, or compensation plan, or upon adjournment of the
legislature without acting on it.

new text begin EFFECTIVE DATE. new text end

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