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HF 2939

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 03:49pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to labor and employment; providing employee protections in joint powers
agreements; proposing coding for new law in Minnesota Statutes, chapter 179A.

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

Section 1.

new text begin [179A.60] JOINT POWERS AGREEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "entity" means any
organization, except for service delivery authorities created under section 402A.35, acting
on behalf of two or more home rule charter or statutory cities, school districts, counties,
or other governmental units or boards under any law providing for joint and cooperative
action between governmental units or bodies. Governmental units that form an entity
are members of the entity.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin Notwithstanding the provisions of section 179A.12 or
any other law, this section governs the initial certification and decertification, if any, of
exclusive representatives for an entity. Employees of an entity are public employees and
joint powers entities are public employers under section 179A.03.
new text end

new text begin Subd. 3. new text end

new text begin Certification and decertification. new text end

new text begin The commissioner of the Bureau of
Mediation Services shall follow the process in section 179A.102, subdivisions 1 to 4, in
determining the initial certification and decertification, if any, of exclusive representatives
for an appropriate unit of employees of a newly formed joint powers entity.
new text end

new text begin Subd. 4. new text end

new text begin Existing collective bargaining agreements. new text end

new text begin The terms and conditions of
collective bargaining agreements covering employees of members of the new joint powers
entity prior to their employment by the joint powers entity shall govern the employment of
employees who become employees of a joint powers entity until a successor agreement
becomes effective after the formation of the joint powers entity, and shall be enforced by
the exclusive representative certified to represent the entity member's employees until a
new exclusive representative is certified.
new text end

new text begin Subd. 5. new text end

new text begin Contract negotiations and administration. new text end

new text begin The exclusive representative
of employees of a new joint powers entity shall upon certification be responsible to
negotiate a new collective bargaining agreement, file grievances, and otherwise administer
the prior collective bargaining agreement until a new collective bargaining agreement is
agreed to, and to receive dues or fair share fees.
new text end

new text begin Subd. 6. new text end

new text begin Investigation and discipline. new text end

new text begin If an employee who is transferred from the
employment of a member to the employment of a joint powers entity is under investigation
by the member of the entity at the time of the transfer and would be subject to discipline
by the member of the entity, the new joint powers entity may discipline the employee for
just cause and the employee's union may file a grievance under the collective bargaining
agreement the employee was covered by as an employee of a member of the entity, or the
new collective bargaining agreement after it is agreed to.
new text end

new text begin Subd. 7. new text end

new text begin Entity not created. new text end

new text begin Notwithstanding this section, a contract between two
local government units does not create a joint powers entity under this section, if under the
contract, no employee's employment is terminated and employees continue to work for the
same employer, continue to be covered by the same collective bargaining agreement, and
continue to do the same or similar work.
new text end

new text begin Subd. 8. new text end

new text begin Employee personnel files. new text end

new text begin A new entity shall be entitled to receive from a
member of the entity, at no charge, copies of all public data maintained by the member
regarding all employees of the member who become employees of the entity.
new text end

new text begin Subd. 9. new text end

new text begin Seniority. new text end

new text begin Upon creation of a new entity, seniority shall be based on the
employee's continuous service with a member of the entity and the employee's service
with the entity.
new text end

new text begin Subd. 10. new text end

new text begin Layoffs and recalls. new text end

new text begin Layoffs and recalls shall be based on seniority as
defined herein. Recall rights shall continue to apply until a new collective bargaining
agreement is agreed to by the parties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 15, 2015.
new text end