HF 2939

as introduced - 88th Legislature (2013 - 2014) Posted on 03/10/2014 01:22pm

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:
new text end

new text begin (1) a joint powers board, authority, or organization formed or created pursuant
to section 471.59;
new text end

new text begin (2) a joint powers board, authority, or organization formed or created pursuant to
chapter 401 or 402;
new text end

new text begin (3) a service delivery authority created pursuant to section 402A.35; and
new text end

new text begin (4) any other organization acting on behalf of two or more home rule charter or
statutory cities, school districts, counties, or other governmental units or boards under any
other law providing for joint and cooperative action between governmental units or bodies.
new text end

new text begin Boards, authorities, organizations, school districts, municipalities, counties, or any other
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.
new text end

new text begin Subd. 3. new text end

new text begin Employment, wage, benefits, employee organization status, and legal
status continued. new text end

new text begin Employees of an entity are public employees under section 179A.03,
subdivision 14. Entities are public employers under section 179A.03, subdivision 15.
new text end

new text begin Subd. 4. new text end

new text begin Existing majorities. new text end

new text begin The commissioner of the Minnesota Bureau of
Mediation Services shall certify an employee organization for employees of an entity
governed by this section as exclusive representative for an appropriate unit upon a petition
filed with the commissioner by the organization demonstrating that the petitioner is
certified pursuant to section 179A.12 as the exclusive representative of a majority of the
employees included within the unit as of that date. Two or more employee organizations
that represent the employees in a unit may petition jointly under this section, provided
that any organization may withdraw from a joint certification in favor of the remaining
organizations on 30 days' notice to the remaining organizations, the employer, and the
commissioner, without affecting the rights and obligations of the remaining organizations
or the employer. The commissioner shall make a determination on a timely petition within
45 days of its receipt.
new text end

new text begin Subd. 5. new text end

new text begin No existing majority. new text end

new text begin If no exclusive representative is certified under
subdivision 4, the commissioner shall certify an employee organization as exclusive
representative for an appropriate unit established upon a petition filed by the organization
demonstrating that the petitioner is certified under section 179A.12 as the exclusive
representative of fewer than a majority of the employees included within the unit if no
other employee organization so certified and a majority of the employees in the unit are
represented by employee organizations under section 179A.12 on the date of the petition.
Two or more employee organizations, each of which represents employees included in
the unit, may petition jointly under this subdivision, provided that any organization may
withdraw from a joint certification in favor of the remaining organizations on 30 days'
notice to the remaining organizations, the employer, and the commissioner without
affecting the rights and obligations of the remaining organizations or the employer. The
commissioner shall make a determination on a timely petition within 45 days of its receipt.
new text end

new text begin Subd. 6. new text end

new text begin Selection. new text end

new text begin If no exclusive representative is certified under subdivision 4
or 5, and an employee organization petitions the commissioner within 90 days of the
creation of the entity demonstrating that a majority of the employees included within an
appropriate unit wish to be represented by the petitioner, where this majority is evidenced
by current dues deduction rights, signed statements from employees in the entity that
are not currently represented by any employee organization plainly indicating that the
signatories wish to be represented for collective bargaining purposes by the petitioner
rather than by any other organization, or a combination of those, the commissioner
shall certify the petitioner as exclusive representative of the employees in the unit. The
commissioner shall make a determination on a timely petition within 45 days of its receipt.
new text end

new text begin Subd. 7. new text end

new text begin Election. new text end

new text begin If no exclusive representative is certified under subdivision
4, 5, or 6, and an employee organization petitions the commissioner subsequent to the
creation of the entity demonstrating that at least 30 percent of the employees included
within an appropriate unit wish to be represented by the petitioner, where this 30 percent
is evidenced by current dues deduction rights, signed statements from employees in
counties within the entity that are not currently represented by any employee organization
plainly indicating that the signatories wish to be represented for collective bargaining
purposes by the petitioner rather than by any other organization, or a combination of
those, the commissioner shall conduct a secret ballot election to determine the wishes of
the majority. The election must be conducted within 45 days of receipt or final decision on
any petitions filed pursuant to subdivision 6, whichever is later. The election is governed
by section 179A.12, where not inconsistent with other provisions of this section.
new text end

new text begin Subd. 8. new text end

new text begin Decertification. new text end

new text begin The commissioner may not consider a petition for
decertification of an exclusive representative certified under this section for one year after
an entity becomes permanent or one year from certification, unless section 179A.20,
subdivision 6, applies.
new text end

new text begin Subd. 9. new text end

new text begin Continuing contract. new text end

new text begin (a) The terms and conditions of collective
bargaining agreements covering the members of the entity's employees of the entity remain
in effect until a successor agreement becomes effective or, if no employee organization
petitions to represent the employees of the entity after it becomes permanent, until one
year after the establishment of the entity as permanent.
new text end

new text begin (b) Any accrued leave, including but not limited to sick leave, vacation time,
compensatory leave, or paid time off, or severance pay benefits accumulated by an
employee of a member of the entity under policies of the previously employing member of
the entity or a collective bargaining agreement between the previously employing member
of the entity and an exclusive representative, shall continue to apply as long as these
employees remain employees of the entity. An employee who was eligible for the benefits
of the Family and Medical Leave Act at the previously employing member of the entity
shall be provided the same benefits at the newly created entity.
new text end

new text begin Subd. 10. new text end

new text begin Seniority upon creation of a new entity. 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. All employees of an entity whose wages and
benefits are dependent on seniority, including, but not limited to, vacation, sick leave,
retirement health insurance, and severance shall receive those wages and benefits based
upon seniority as defined in this subdivision.
new text end

new text begin Subd. 11. new text end

new text begin Layoffs and recalls. new text end

new text begin If it is necessary, prior to the entity becoming
permanent or prior to negotiation of a new collective bargaining agreement with the entity,
to lay off an employee of an entity member and if two or more employees previously
performed the work for members of the entity, seniority based on continuous length of
service with an entity member shall be the factor that determines which qualified employee
shall be offered the job by the entity. An employee of a member of the entity whose work is
being transferred to the entity shall have the option of being laid off. Recalls shall be done
by seniority. Employees who are subject to layoff shall remain eligible for recall rights to
the new entity or dissolved entity for a period of 24 months from the date of layoff.
new text end

new text begin Subd. 12. new text end

new text begin Wages. new text end

new text begin Employees of an entity who were previously employed by a
member of the entity whose wages are higher than a wage they would receive under a wage
scale in a collective bargaining agreement with the entity shall continue to receive that
wage until the wage they would receive under the collective bargaining agreement with
the entity exceeds their prior wage at which point the employees shall be placed on the
step of the wage scale in the collective bargaining agreement that exceeds their prior wage.
new text end

new text begin Subd. 13. new text end

new text begin Employee assistance. new text end

new text begin (a) It is the policy of the state of Minnesota that
any entity must make efforts to ensure that fair and equitable arrangements are carried out
to protect the interests of employees and to provide the best possible service to the public.
The employer shall make an effort to train and retrain existing employees for a changing
work environment. Where employees of an entity may suffer loss of existing positions and
employment, the employer shall assist affected employees in finding suitable employment.
new text end

new text begin (b) Options available to employees whose positions will be eliminated by an entity
must include, at a minimum, job and training opportunities necessary to qualify for
another job in the same, an equal, or a lower classification with their current employer or
the new entity.
new text end

new text begin Subd. 14. new text end

new text begin Contract and representation responsibilities. new text end

new text begin (a) Certified exclusive
representatives of units of employees of the participating members of the entity before the
entity becomes permanent, or after it becomes permanent pursuant to this subdivision, are
responsible for administration of their contracts and for other contractual duties and have
the right to dues and fair share fee deduction via payroll deduction and other contractual
privileges and rights until a contract is agreed upon with the entity or a new exclusive
representative is certified. Exclusive representatives of entity employees certified after
the creation of the entity are immediately upon certification responsible for bargaining
on behalf of employees within the unit. They are also responsible for administering
grievances arising under previous contracts covering employees included within the entity
that remain unresolved upon agreement with the entity on a contract. Where the employer
does not object, these responsibilities may be varied by agreement between outgoing and
incoming exclusive representatives. All other rights and duties of representation begin
when an entity becomes permanent, except that exclusive representatives certified upon or
after the entity becomes permanent shall immediately, upon certification, have the right to
all employer information and all forms of access to employees within the bargaining unit
which would be permitted to the current contract holder, including the rights in section
179A.07, subdivision 6. Exclusive representatives certified after the entity becomes
permanent are immediately, upon certification, responsible for bargaining on behalf of all
previously unrepresented employees assigned to their units.
new text end

new text begin (b) Nothing in this section prevents an exclusive representative certified after the
effective dates of this section from assessing fair share or dues deductions immediately
upon certification if the employees were unrepresented for collective bargaining purposes
before that certification.
new text end

new text begin Subd. 15. new text end

new text begin Privatization prohibited. new text end

new text begin Entities shall not contract with nonmembers of
the entity or nongovernmental units for the performance of work other than specialized
consulting work that is not the ordinary work of the entity and expected to last one year or
less from the date the work begins.
new text end

new text begin Subd. 16. new text end

new text begin Health insurance. new text end

new text begin Employees of an entity who were previously
employees of a member of the entity and covered by a collective bargaining agreement
with the member of the entity shall continue to be covered by the group insurance plan
of the member of the entity until a collective bargaining agreement is negotiated and
implemented with the newly created entity.
new text end

new text begin Subd. 17. new text end

new text begin Rights under state and federal laws. new text end

new text begin Employees of an entity who were
previously employees of a member of the entity shall continue to have all rights provided
them under federal and state law while they were employed by the member of the entity.
If, because of the formation of the entity, its employees become ineligible for these rights,
the entity shall continue to afford them these rights.
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 entities created after that date.
new text end