HF 603

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/30/2022 01:03pm

A bill for an act
relating to labor relations; modifying public labor relations; amending Minnesota
Statutes 2020, sections 13.43, subdivision 6; 179A.03, subdivisions 14, 19;
179A.06, by adding a subdivision; 179A.07, by adding subdivisions; 572B.17.

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

Section 1.

Minnesota Statutes 2020, section 13.43, subdivision 6, is amended to read:

Subd. 6.

Access by labor organizations.

Personnel data deleted text begin may deleted text end new text begin must new text end be disseminated to
labor organizations to the extent deleted text begin that the responsible authority determines that the
dissemination is deleted text end necessary to conduct elections, notify employees of fair share fee
assessments, and implement the provisions of chapters 179 and 179A. Personnel data shall
be disseminated to labor organizations and to the Bureau of Mediation Services to the extent
the dissemination is ordered or authorized by the commissioner of the Bureau of Mediation
Services.

Sec. 2.

Minnesota Statutes 2020, section 179A.03, subdivision 14, is amended to read:

Subd. 14.

Public employee or employee.

(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:

(1) elected public officials;

(2) election officers;

(3) commissioned or enlisted personnel of the Minnesota National Guard;

(4) emergency employees who are employed for emergency work caused by natural
disaster;

deleted text begin (5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end employees whose positions are basically temporary or seasonal in character and:
(i) are not for more than 67 working days in any calendar year; deleted text begin or deleted text end (ii) new text begin are not working for
a Minnesota school district or charter school; or (iii) new text end are not for more than 100 working
days in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;

deleted text begin (7) deleted text end new text begin (6) new text end employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

deleted text begin (8) deleted text end new text begin (7) new text end employees of charitable hospitals as defined by section 179.35, subdivision 3,
except that employees of charitable hospitals as defined by section 179.35, subdivision 3,
are public employees for purposes of sections 179A.051, 179A.052, and 179A.13;

deleted text begin (9) deleted text end new text begin (8) new text end full-time undergraduate students employed by the school which they attend under
a work-study program or in connection with the receipt of financial aid, irrespective of
number of hours of service per week;

deleted text begin (10) deleted text end new text begin (9) new text end an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

deleted text begin (11) deleted text end new text begin (10) new text end an individual hired by the Board of Trustees of the Minnesota State Colleges
and Universities to teach one course for three or fewer credits for one semester in a year;

deleted text begin (12) deleted text end new text begin (11) new text end with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees; new text begin and
new text end

deleted text begin (13) deleted text end new text begin (12) new text end with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), deleted text begin clauses (5) and (6) deleted text end new text begin clause (5) new text end :

(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;

(2) an employee hired for a position under paragraph (a), clause deleted text begin (6) deleted text end new text begin (5) new text end , item (i), if that
same position has already been filled under paragraph (a), clause deleted text begin (6) deleted text end new text begin (5) new text end , item (i), in the
same calendar year and the cumulative number of days worked in that same position by all
employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same
position" includes a substantially equivalent position if it is not the same position solely
due to a change in the classification or title of the position; and

(3) an early childhood family education teacher employed by a school district.

Sec. 3.

Minnesota Statutes 2020, section 179A.03, subdivision 19, is amended to read:

Subd. 19.

Terms and conditions of employment.

"Terms and conditions of employment"
means the hours of employment, the compensation therefor including fringe benefits except
retirement contributions or benefits other than employer payment of, or contributions to,
premiums for group insurance coverage of retired employees or severance pay, new text begin class sizes
in Minnesota school districts and charter schools, student testing, student to personnel ratios
in Minnesota school districts, new text end and the employer's personnel policies affecting the working
conditions of the employees. In the case of professional employees the term does not mean
educational policies of a school district. "Terms and conditions of employment" is subject
to section 179A.07.

Sec. 4.

Minnesota Statutes 2020, section 179A.06, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Liability. new text end

new text begin (a) A public employer, a labor organization, or any of its employees
or agents, shall not be liable for and shall have a complete defense to claims or actions under
the laws of this state for requiring, deducting, receiving, or retaining agency or fair share
fees from public employees, and current or former public employees shall not have standing
to pursue these claims or actions if the fees were permitted at the time under the laws of
this state then in force and paid, through payroll deduction or otherwise, prior to June 27,
2018.
new text end

new text begin (b) This section applies to claims and actions pending on its effective date and to claims
and actions filed on or after that date.
new text end

new text begin (c) The enactment of this section shall not be interpreted to create the inference that any
relief made unavailable by this section would otherwise be available.
new text end

new text begin (d) The legislature finds and declares:
new text end

new text begin (1) application of this section to pending claims and actions clarifies existing state law
rather than changes it. Public employees who paid agency or fair share fees as a condition
of public employment according to state law and supreme court precedent prior to June 27,
2018, had no legitimate expectation of receiving the money under any available cause of
action. Public employers and employee organizations who relied on and abided by state
law and supreme court precedent in deducting and accepting those fees were not liable to
refund them. Agency or fair share fees paid for collective bargaining representation that
employee organizations were obligated by state law to provide to public employees.
Application of this section to pending claims will preserve, rather than interfere with,
important reliance interests;
new text end

new text begin (2) this section is necessary to provide certainty to public employers and employee
organizations that relied on state law, and to avoid disruption of public employee labor
relations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section if effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Access. new text end

new text begin (a) Public employers shall provide exclusive representatives access to
members of the bargaining unit, including:
new text end

new text begin (1) the right to meet with bargaining unit members on the premises of the public employer
during the work day to investigate and discuss grievances and other workplace issues;
new text end

new text begin (2) the right to conduct worksite meetings during lunch and other breaks, and before
and after the workday, on the public employer's premises to discuss workplace issues,
collective negotiations, the administration of collective negotiations agreements, other
matters related to the duties of an exclusive representative employee organization, and
internal union matters involving the governance or business of the exclusive representative
employee organization; and
new text end

new text begin (3) the right to meet with newly hired employees, without charge to the pay or leave
time of the employees, for a minimum of 30 minutes, within 30 calendar days from the date
of hire, during new employee orientations or, if the employer does not conduct new employee
orientations, at individual or group meetings.
new text end

new text begin (b) Exclusive representative employee organizations shall have the right to use the e-mail
systems of public employers to communicate with negotiations unit members regarding
collective negotiations, the administration of collective negotiations agreements, the
investigation of grievances, other workplace-related complaints and issues, and internal
union matters involving the governance or business of the union.
new text end

new text begin (c) Exclusive representative employee organizations shall have the right to use
government buildings and other facilities that are owned or leased by government entities
to conduct meetings with their unit members regarding collective negotiations, the
administration of collective negotiations agreements, the investigation of grievances, other
workplace-related complaints and issues, and internal union matters involving the governance
or business of the union, provided the use does not interfere with governmental operations.
Meetings conducted in government buildings pursuant to this section shall not be for the
purpose of supporting or opposing any candidate for partisan political office, or for the
purpose of distributing literature or information regarding partisan elections. An exclusive
representative employee organization conducting a meeting in a government building or
other government facility pursuant to this section may be charged for maintenance, security,
and other costs related to the use of the government building or facility that would not
otherwise be incurred by the government entity.
new text end

Sec. 6.

Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Bargaining unit information. new text end

new text begin Within ten calendar days from the date of hire
of negotiations unit employees, public employers shall provide the following contact
information to an exclusive representative employee organization in an Excel file format
or other format agreed to by the exclusive representative employee organization: name, job
title, worksite location, home address, work telephone number, home and personal cell
phone numbers on file with the public employer, date of hire, and work e-mail address and
personal e-mail address on file with the public employer. Every 120 calendar days beginning
on January 1 following the effective date of this act, public employers shall provide exclusive
representative employee organizations, in an Excel file or similar format agreed to by the
employee organization, the following information for all negotiations unit employees: name;
job title; worksite location; home address; work, home, and personal cell phone numbers;
date of hire; and work e-mail address and personal e-mail address on file with the public
employer.
new text end

Sec. 7.

Minnesota Statutes 2020, section 572B.17, is amended to read:

572B.17 WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and, upon
motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the
manner for enforcement of subpoenas in a civil action.

(b) On request of a party to or a witness in an arbitration proceeding, an arbitrator may
permit a deposition of any witness to provide testimony at the arbitration hearing, including
a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under
conditions determined by the arbitrator for use as evidence in order to make the proceeding
fair, expeditious, and cost-effective.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in
the circumstances, taking into account the needs of the parties to the arbitration proceeding
and other affected persons and the desirability of making the proceeding fair, expeditious,
and cost-effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a
party to the arbitration proceeding to comply with the arbitrator's discovery-related orders,
including the issuance of a subpoena for the attendance of a witness and for the production
of records and other evidence at a discovery proceeding, and may take action against a party
to the arbitration proceeding who does not comply to the extent permitted by law as if the
controversy were the subject of a civil action in this state.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets, new text begin data classified as nonpublic or private
pursuant to chapter 13, new text end and other information protected from disclosure as if the controversy
were the subject of a civil action in this state.

(f) All laws compelling a person under subpoena to testify and all fees for attending a
judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an
arbitration proceeding as if the controversy were the subject of a civil action under the laws
and rules of civil procedure of this state.

(g) The court may enforce a subpoena or discovery-related order for the attendance of
a witness within this state and for the production of records and other evidence issued by
an arbitrator in connection with an arbitration proceeding in another state upon conditions
determined by the court in order to make the arbitration proceeding fair, expeditious, and
cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served
in the manner provided by law for service of subpoenas in a civil action in this state and,
upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced
in the manner provided by law for enforcement of subpoenas in a civil action in this state.