HF 3875

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public employee labor relations; encouraging the settlement of
grievances prior to arbitration; providing for offers of settlement prior to
arbitration; providing for the assessment of costs against a party refusing an offer
of settlement that is more favorable to the offeree than the final arbitration award;
amending Minnesota Statutes 2004, section 179A.21, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 179A.21, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Offer of settlement. new text end

new text begin At any time prior to ten days before a grievance
arbitration hearing begins, the employer or the union may make a written offer of
settlement of the grievance. Acceptance of the offer shall be made by delivery of a written
notice of acceptance within ten days after receipt of the offer. If the offer made under this
section is not accepted within the ten-day period, it is deemed withdrawn. During the
ten-day period the offer is irrevocable. Notwithstanding any provision in the collective
bargaining agreement between the parties regarding the payment of costs associated
with the arbitration hearing, if the final award of the arbitrator is not more favorable to
the offeree than the offer, the offeree must pay the full amount of the arbitrator's fees and
the offeror's costs and disbursements, including reasonable attorney fees. The fact that
an offer is made but not accepted does not preclude a subsequent offer. An offer not
accepted is not admissible in the arbitration hearing regarding the grievance or in any other
forum, except in a subsequent proceeding regarding postaward disputes arising from the
application of the provisions of this subdivision. Disputes arising under this subdivision
regarding whether an offer is more favorable than the final award or the amount of costs
and disbursements payable my be submitted by either party to the arbitrator rendering the
award on the merits of the grievance or to another neutral arbitrator if that arbitrator is
not available. This subdivision shall apply only to grievances regarding peace officers,
as defined by section 626.84, subdivision 1, paragraph (c), and firefighters, as defined by
section 179A.03, subdivision 7, but shall not apply with regard to interest arbitration
cases conducted under section 179A.16.
new text end