HF 4296

as introduced - 90th Legislature (2017 - 2018) Posted on 04/09/2018 04:31pm

A bill for an act
relating to state government; prohibiting an exclusive representative from charging
a fair share fee to nonmembers; amending Minnesota Statutes 2016, section
179A.06, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 179A.06, subdivision 3, is amended to read:

Subd. 3.

Fair share fee.

An exclusive representative deleted text begin may deleted text end new text begin shall not new text end require employees
who are not members of the exclusive representative to contribute a fair share fee for services
rendered by the exclusive representative. deleted text begin The fair share fee must be equal to the regular
membership dues of the exclusive representative, less the cost of benefits financed through
the dues and available only to members of the exclusive representative. In no event may
the fair share fee exceed 85 percent of the regular membership dues. The exclusive
representative shall provide advance written notice of the amount of the fair share fee to
the employer and to unit employees who will be assessed the fee. The employer shall provide
the exclusive representative with a list of all unit employees.
deleted text end

A challenge by an employee or by a person aggrieved by the fee must be filed in writing
with the commissioner, the public employer, and the exclusive representative within 30
days after receipt of the written notice. All challenges must specify those portions of the
fee challenged and the reasons for the challenge. The burden of proof relating to the amount
of the fair share fee is on the exclusive representative. The commissioner shall hear and
decide all issues in these challenges.

The employer shall deduct the fee from the earnings of the employee and transmit the
fee to the exclusive representative 30 days after the written notice was provided. If a challenge
is filed, the deductions for a fair share fee must be held in escrow by the employer pending
a decision by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following a decision by the
United States Supreme Court holding that public employees who are not members of an
exclusive representative shall not be required to pay fair share fees.
new text end