HF 2306

as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 02:01pm

A bill for an act
relating to labor relations; providing for access to labor organization membership
information; clarifying fair share fee challenges; modifying independent review
of grievances; amending Minnesota Statutes 2010, sections 179.16, by adding
subdivisions; 179A.06, subdivision 3; 179A.12, by adding subdivisions;
179A.25; proposing coding for new law in Minnesota Statutes, chapter 179A.

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

Section 1.

Minnesota Statutes 2010, section 179.16, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Certification; conditions. new text end

new text begin To be certified as the exclusive representative
by the commissioner under subdivision 2, a labor organization's bylaws must be approved
or amended by a majority of members of the labor organization in a secret ballot vote. No
member may delegate a vote by proxy or any other manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to certifications on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 179.16, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Recertification. new text end

new text begin Once every three years, the commissioner must verify
that an organization certified under subdivision 2 or 2a continues to meet the requirements
for certification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to certifications on or after that date. For organizations certified prior to the
effective date of this section, the commissioner must recertify the organization within
three years from the date of enactment.
new text end

Sec. 3.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2010, section 179A.12, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Certification; conditions. new text end

new text begin To be certified as the exclusive representative
by the commissioner under subdivision 10, an employee organization's bylaws must be
approved or amended by a majority of members of the employee organization in a secret
ballot vote. No member may delegate a vote by proxy or any other manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to certifications on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2010, section 179A.12, is amended by adding a subdivision
to read:

new text begin Subd. 10b. new text end

new text begin Recertification. new text end

new text begin Once every three years, the commissioner must
verify that an organization certified under subdivision 10 or 10a continues to meet the
requirements for certification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to certifications on or after that date. For organizations certified prior to the
effective date of this section, the commissioner must recertify the organization within
three years from the date of enactment.
new text end

Sec. 6.

new text begin [179A.121] ELECTIONS; ACCESS TO INFORMATION.
new text end

new text begin An employee organization shall upon request, provide to any person eligible to
vote in an election under this chapter, the names and contact information of all members
eligible to vote in the election.
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. 7.

Minnesota Statutes 2010, section 179A.25, is amended to read:

179A.25 INDEPENDENT REVIEW.

It is the public policy of the state of Minnesota that every public employee should
be provided with the right of independent review, by a disinterested person or agency, of
any grievance arising out of the interpretation of or adherence to terms and conditions
of employment. When such review is not provided under statutory, charter, or ordinance
provisions for a civil service or merit system, the governmental agency may provide for
such review consistent with the provisions of law or charter. If no other procedure exists
for the independent review of such grievances, the employee may present the grievance
to the commissioner under procedures established by the commissioner. new text begin Results and
findings of the independent review shall be posted on the Web site of the Bureau of
Mediation Services or its successor, within 60 days of issuance. For the purposes of this
section, a grievance arising out of the interpretation or adherence to terms and conditions
of employment includes grievances a member of a labor organization may have against
the labor organization or the employer.
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