HF 2896

as introduced - 94th Legislature (2025 - 2026) Posted on 03/27/2025 02:45pm

A bill for an act
relating to labor; allowing union members who are teachers to allocate union dues
to the local, state, or national organization of their choice; requiring that public
employees who are teachers be notified of their rights under state and federal law;
amending Minnesota Statutes 2024, sections 10A.12, subdivision 5; 179A.06,
subdivision 6; 181.06, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, section 10A.12, subdivision 5, is amended to read:

Subd. 5.

Dues or membership fees.

new text begin (a) Except as provided in paragraph (b), new text end an
association may, if not prohibited by other law, deposit in its political fund money derived
from dues or membership fees. Under section 10A.20, the treasurer of the fund must disclose
the name of any member whose dues, membership fees, and contributions deposited in the
political fund together exceed $200 in a year.

new text begin (b) A private employee who is a teacher, as defined under section 179A.03, subdivision
18, who joins a union may elect to allocate all or a portion of their union dues or membership
fees to the local, state, or national organization of their choice. An exclusive representative
of the organization must provide union members notice of this option, and any dues deduction
authorization must clearly provide members who are teachers this choice. In the absence
of an exclusive representative, a private union member who is a teacher has the right to
request and be allowed a payroll deduction for the local, state, or national organization of
their choice.
new text end

Sec. 2.

Minnesota Statutes 2024, section 179A.06, subdivision 6, is amended to read:

Subd. 6.

Payroll deduction, authorization, and remittance.

(a) A public employee
may request payroll deduction for the exclusive representative that represents the employee's
position and its associated political fund under section 10A.12 new text begin , or, if the employee is a
teacher, as defined under section 179A.03, subdivision 18, to allocate all or a portion of
their union dues or membership fees to the local, state, or national organization of their
choice, as provided in paragraph (h) new text end . If no exclusive representative represents an employee's
position, the public employee may request payroll deduction for the organization of the
employee's choice. A public employer must provide payroll deduction according to any
public employee's request under this paragraph.

(b) A public employer must rely on a certification from an exclusive representative
requesting remittance of a deduction that the organization has and will maintain an
authorization signed, either by hand or electronically according to section 325L.02, paragraph
(h), by the public employee from whose salary or wages the deduction is to be made. An
exclusive representative making a certification is not required to provide the public employer
a copy of the authorization unless a dispute arises about the authorization's existence or
terms.

(c) A payroll deduction authorization is effective until the exclusive representative
notifies the employer that a public employee has changed or canceled the employee's
authorization in writing in accordance with the terms of the original authorization. When
determining whether deductions have been properly changed or canceled, a public employer
must rely on information from the exclusive representative receiving remittance of the
deduction.

(d) Deduction authorization under this section is:

(1) independent from the public employee's membership status in the organization to
which payment is remitted; and

(2) effective regardless of whether a collective bargaining agreement authorizes the
deduction.

(e) An employer must:

(1) begin deductions within 30 days after an exclusive representative submits a
certification under paragraph (b); and

(2) remit the deductions to the exclusive representative new text begin , or, for employees who are
teachers, to the organization of the public employee's choice, new text end within 30 days of the deduction.

(f) An exclusive representative must indemnify a public employer:

(1) for any successful employee claim for unauthorized employer deductions made by
relying on an exclusive representative's certification under paragraph (b); and

(2) for any successful employee claim for unauthorized employer deductions made by
relying on information for changing or canceling deductions under paragraph (c), with
indemnification including any reasonable attorney fees and litigation costs.

(g) Any dispute under this subdivision must be resolved through an unfair labor practice
proceeding under section 179A.13. It is an unfair labor practice if an employer fails to
comply with paragraph (e), and the employer must reimburse deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.

new text begin (h) The exclusive representative shall inform public employees who are teachers of the
option to allocate their union dues or membership fees to the local, state, or national
organization of their choice. Any dues deduction authorization must clearly provide public
employees who are teachers this choice.
new text end

new text begin (i) The exclusive representative shall inform public employees who are teachers that
federal law prohibits them from being compelled to join a union or pay dues or fees to a
union. Any dues deduction authorization must clearly provide public employees who are
teachers with this notice.
new text end

Sec. 3.

Minnesota Statutes 2024, section 181.06, subdivision 2, is amended to read:

Subd. 2.

Payroll deductions.

A written contract may be entered into between an employer
and an employee wherein the employee authorizes the employer to make payroll deductions
for the purpose of paying union dues, premiums of any life insurance, hospitalization and
surgical insurance, group accident and health insurance, group term life insurance, group
annuities or contributions to credit unions or a community chest fund, a local arts council,
a local science council or a local arts and science council, or Minnesota benefit association,
a federally or state registered political action committee, membership dues of a relief
association governed by sections 424A.091 to 424A.096 or Laws 2013, chapter 111, article
5, sections 31 to 42, contributions to a nonprofit organization that is tax exempt under section
501(c) of the Internal Revenue Code, or participation in any employee stock purchase plan
or savings plan for periods longer than 60 days, including gopher state bonds established
under section 16A.645. A private sector employer must make payroll deductions to a nonlabor
organization under this subdivision when requested by five or more employees new text begin , or, if the
employee is a teacher, as defined under section 179A.03, subdivision 18, to the labor
organization of the private employee's choosing, as provided in section 10A.12, subdivision
5 new text end .