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HF 2861

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Introduction Posted on 03/08/2004

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to public employment labor relations; 
  1.3             including certain teachers in the definition of public 
  1.4             employee; modifying the definition of teacher; 
  1.5             amending Minnesota Statutes 2002, section 179A.03, 
  1.6             subdivision 14; Minnesota Statutes 2003 Supplement, 
  1.7             section 179A.03, subdivision 18. 
  1.9      Section 1.  Minnesota Statutes 2002, section 179A.03, 
  1.10  subdivision 14, is amended to read: 
  1.11     Subd. 14.  [PUBLIC EMPLOYEE OR EMPLOYEE.] "Public employee" 
  1.12  or "employee" means any person appointed or employed by a public 
  1.13  employer except:  
  1.14     (a) elected public officials; 
  1.15     (b) election officers; 
  1.16     (c) commissioned or enlisted personnel of the Minnesota 
  1.17  National Guard; 
  1.18     (d) emergency employees who are employed for emergency work 
  1.19  caused by natural disaster; 
  1.20     (e) part-time employees whose service does not exceed the 
  1.21  lesser of 14 hours per week or 35 percent of the normal work 
  1.22  week in the employee's appropriate unit; 
  1.23     (f) employees whose positions are basically temporary or 
  1.24  seasonal in character and:  (1) are not for more than 67 working 
  1.25  days in any calendar year; or (2) are not for more than 100 
  1.26  working days in any calendar year and the employees are under 
  2.1   the age of 22, are full-time students enrolled in a nonprofit or 
  2.2   public educational institution prior to being hired by the 
  2.3   employer, and have indicated, either in an application for 
  2.4   employment or by being enrolled at an educational institution 
  2.5   for the next academic year or term, an intention to continue as 
  2.6   students during or after their temporary employment; 
  2.7      (g) employees providing services for not more than two 
  2.8   consecutive quarters to the Board of Trustees of the Minnesota 
  2.9   State Colleges and Universities under the terms of a 
  2.10  professional or technical services contract as defined in 
  2.11  section 16C.08, subdivision 1; 
  2.12     (h) employees of charitable hospitals as defined by section 
  2.13  179.35, subdivision 3; 
  2.14     (i) full-time undergraduate students employed by the school 
  2.15  which they attend under a work-study program or in connection 
  2.16  with the receipt of financial aid, irrespective of number of 
  2.17  hours of service per week; 
  2.18     (j) an individual who is employed for less than 300 hours 
  2.19  in a fiscal year as an instructor in an adult vocational 
  2.20  education program; 
  2.21     (k) an individual hired by the Board of Trustees of the 
  2.22  Minnesota State Colleges and Universities to teach one course 
  2.23  for three or fewer credits for one semester in a year; 
  2.24     (l) with respect to court employees: 
  2.25     (1) personal secretaries to judges; 
  2.26     (2) law clerks; 
  2.27     (3) managerial employees; 
  2.28     (4) confidential employees; and 
  2.29     (5) supervisory employees. 
  2.30     The following individuals are public employees regardless 
  2.31  of the exclusions of clauses (e) and (f):  
  2.32     (i) An employee hired by a school district or the Board of 
  2.33  Trustees of the Minnesota State Colleges and Universities except 
  2.34  at the university established in section 136F.13 or for 
  2.35  community services or community education instruction offered on 
  2.36  a noncredit basis:  (A) to replace an absent teacher or faculty 
  3.1   member who is a public employee, where the replacement employee 
  3.2   is employed more than 30 working days as a replacement for that 
  3.3   teacher or faculty member; or (B) to take a teaching position 
  3.4   created due to increased enrollment, curriculum expansion, 
  3.5   courses which are a part of the curriculum whether offered 
  3.6   annually or not, or other appropriate reasons; and 
  3.7      (ii) An employee hired for a position under clause (f)(1) 
  3.8   if that same position has already been filled under clause 
  3.9   (f)(1) in the same calendar year and the cumulative number of 
  3.10  days worked in that same position by all employees exceeds 67 
  3.11  calendar days in that year.  For the purpose of this paragraph, 
  3.12  "same position" includes a substantially equivalent position if 
  3.13  it is not the same position solely due to a change in the 
  3.14  classification or title of the position. 
  3.15     Notwithstanding the exclusion for community services or 
  3.16  community education instruction in item (i) or clauses (e) and 
  3.17  (f), individuals providing community services or community 
  3.18  education instruction in a position that would normally require 
  3.19  a license by the Board of Teaching or the commissioner of 
  3.20  education are public employees. 
  3.21     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.22  179A.03, subdivision 18, is amended to read: 
  3.23     Subd. 18.  [TEACHER.] "Teacher" means any public employee 
  3.24  other than a superintendent or assistant superintendent, 
  3.25  principal, assistant principal, or a supervisory or confidential 
  3.26  employee, employed by a school district:  
  3.27     (1) in a position for which the person must be licensed 
  3.28  that normally requires a license by the Board of Teaching or the 
  3.29  commissioner of education; or 
  3.30     (2) in a position as a physical therapist or an 
  3.31  occupational therapist.