HF 3585

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 11:18am

A bill for an act
relating to public employment; ratifying labor agreements and a compensation
plan; requiring affirmative approval before interim implementation of state
employee collective bargaining agreements; prohibiting exclusive representatives
from requiring political contributions; requiring open meetings; amending
Minnesota Statutes 2014, sections 3.855, subdivision 2; 179A.14, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 179A.

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

ARTICLE 1

CONTRACTS AND COMPENSATION PLANS

Section 1. new text begin LABOR CONTRACT AND COMPENSATION PLAN APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin American Federation of State, County, and Municipal Employees.
new text end

new text begin The labor agreement between the state of Minnesota and the American Federation of State,
County, and Municipal Employees, Council 5, submitted to the Legislative Coordinating
Commission Subcommittee on Employee Relations on October 29, 2015, and implemented
after 30 days as provided in Minnesota Statutes, section 3.855, subdivision 2, is ratified.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota Association of Professional Employees. new text end

new text begin The labor agreement
between the state of Minnesota and the Minnesota Association of Professional Employees,
submitted to the Legislative Coordinating Commission Subcommittee on Employee
Relations on October 29, 2015, and implemented after 30 days as provided in Minnesota
Statutes, section 3.855, subdivision 2, is ratified.
new text end

new text begin Subd. 3. new text end

new text begin Middle Management Association. new text end

new text begin The labor agreement between the state
of Minnesota and the Middle Management Association, submitted to the Legislative
Coordinating Commission Subcommittee on Employee Relations on October 29, 2015,
and implemented after 30 days as provided in Minnesota Statutes, section 3.855,
subdivision 2, is ratified.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota Nurses Association. new text end

new text begin The labor agreement between the
state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on January 15, 2016,
is ratified.
new text end

new text begin Subd. 5. new text end

new text begin Managerial compensation plan. new text end

new text begin The managerial compensation plan,
submitted to the Legislative Coordinating Commission Subcommittee on Employee
Relations on October 29, 2015, is approved with these changes:
new text end

new text begin (1) the provisions in section 14, "Salary Administration" that provide for general
salary increases effective July 1, 2015, and July 1, 2016, are not approved;
new text end

new text begin (2) the provisions in section 14, "Salary Administration" that provide for
performance-based increases that are to be effective December 30, 2015, and December
28, 2016, may not exceed two percent; and
new text end

new text begin (3) the provisions in section 14, "Salary Administration" that provide for
performance-based increases expire June 30, 2017.
new text end

ARTICLE 2

OTHER PUBLIC EMPLOYMENT PROVISIONS

Section 1.

Minnesota Statutes 2014, section 3.855, subdivision 2, is amended to read:

Subd. 2.

State employee negotiations.

(a) The commissioner of management and
budget shall regularly advise the commission on the progress of collective bargaining
activities with state employees under the state Public Employment Labor Relations Act.
During negotiations, the commission may make recommendations to the commissioner
as it deems appropriate but no recommendation shall impose any obligation or grant any
right or privilege to the parties.

(b) The commissioner shall submit to the chair of the commission any negotiated
collective bargaining agreements, arbitration awards, compensation plans, or salaries for
legislative approval or disapproval. Negotiated agreements shall be submitted within five
days of the date of approval by the commissioner or the date of approval by the affected state
employees, whichever occurs later. Arbitration awards shall be submitted within five days
of their receipt by the commissioner. If the commission disapproves a collective bargaining
agreement, award, compensation plan, or salary, the commission shall specify in writing
to the parties those portions with which it disagrees and its reasons. If the commission
approves a collective bargaining agreement, award, compensation plan, or salary, it shall
submit the matter to the legislature to be accepted or rejected under this section.

(c) When the legislature is not in session, the commission may give interim approval
to a negotiated collective bargaining agreement, salary, compensation plan, or arbitration
award. deleted text begin When the legislature is not in session, failure of the commission to disapprove a
collective bargaining agreement or arbitration award within 30 days constitutes approval. deleted text end
The commission shall submit the negotiated collective bargaining agreements, salaries,
compensation plans, or arbitration awards for which it has provided approval to the entire
legislature for ratification at a special legislative session called to consider them or at its
next regular legislative session as provided in this section. Approval or disapproval by the
commission is not binding on the legislature.

(d) When the legislature is not in session, the proposed collective bargaining
agreement, arbitration decision, salary, or compensation plan must be implemented upon
its approval by the commission, and state employees covered by the proposed agreement
or arbitration decision do not have the right to strike while the interim approval is in
effect. Wages and economic fringe benefit increases provided for in the agreement or
arbitration decision paid in accordance with the interim approval by the commission are
not affected, but the wages or benefit increases must cease to be paid or provided effective
upon the rejection of the agreement, arbitration decision, salary, or compensation plan, or
upon adjournment of the legislature without acting on it.

Sec. 2.

new text begin [179A.065] VOLUNTARY CONTRIBUTIONS.
new text end

new text begin (a) This section applies to an exclusive representative of employees whose collective
bargaining agreements are subject to approval under section 3.855.
new text end

new text begin (b) An exclusive representative may not require a contribution to a candidate,
principal campaign committee, political party, political committee, political fund, or
political action committee as a condition of membership or participation in the exclusive
representative.
new text end

new text begin (c) An exclusive representative wishing to make expenditures for political purposes
must make the expenditures only from a separate political fund that is apart from any fund or
account containing money received by an exclusive representative as dues. The exclusive
representative must ensure that each contribution to the political fund is made voluntarily
and specifically to that fund. An exclusive representative may not transfer money paid as
dues to its political fund. For purposes of this section, "political purposes" means an act
done with the intent or in a way to influence or tend to influence, directly or indirectly, any
person to refrain from voting or to vote for or against any ballot question, or for or against
any candidate for public office at any caucus, political convention, primary, or election.
new text end

Sec. 3.

Minnesota Statutes 2014, section 179A.14, subdivision 3, is amended to read:

Subd. 3.

Public meetings.

new text begin (a) new text end All negotiations, mediation sessions, and hearings
between public employers and public employees or their respective representatives are
public meetings except when otherwise provided by the commissioner.

new text begin (b) The employer must give advance notice on the front page of the employer's Web
site of public negotiation sessions involving contracts subject to approval under section
3.855. If a public negotiation session is temporarily recessed, to the extent possible, the
employer must post notice on the employer's Web site of when the negotiation session
is expected to reconvene. The employer must also give this advance notice to members
of the legislative subcommittee on employee relations, in the manner requested by the
members. For any public negotiation sessions involving contracts subject to approval
under section 3.855, the employer must:
new text end

new text begin (1) make available to the public before or during the meeting any printed materials
shared between representatives of the employer and exclusive representatives; and
new text end

new text begin (2) arrange a room that the employer anticipates will be large enough to
accommodate members of the public who wish to attend.
new text end