HF 62

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 01/26/2023 11:44pm

A bill for an act
relating to labor; modifying Public Employment Relations Board data; appropriating
money; amending Minnesota Statutes 2022, sections 13.43, subdivision 6;
179A.041, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 13.

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

Section 1.

Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read:

Subd. 6.

Access by labor organizations new text begin , Bureau of Mediation Services, Public
Employment Relations Board new text end .

Personnel data may be disseminated to labor organizations
new text begin and the Public Employment Relations Board new text end to the extent that the responsible authority
determines that the dissemination is 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 new text begin , the Public Employment Relations Board, new text end
and deleted text begin to deleted text end the Bureau of Mediation Services to the extent the dissemination is ordered or
authorized by the commissioner of the Bureau of Mediation Services new text begin or the Public
Employment Relations Board or its designee new text end .

Sec. 2.

new text begin [13.7909] PUBLIC EMPLOYMENT RELATIONS BOARD DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "board" means the Public
Employment Relations Board.
new text end

new text begin Subd. 2. new text end

new text begin Charge and complaint data. new text end

new text begin (a) Except as provided in paragraphs (b) and (c),
all data maintained by the board about a charge or complaint of unfair labor practices and
appeals of determinations of the commissioner under section 179A.12, subdivision 11, are
classified as protected nonpublic data or confidential data prior to being admitted into
evidence at a hearing conducted pursuant to section 179A.13. Data that are admitted into
evidence at a hearing conducted pursuant to section 179A.13 are public unless subject to a
protective order as determined by the board or a hearing officer.
new text end

new text begin (b) Statements by individuals that are provided to the board are private data on
individuals, as defined by section 13.02, subdivision 12, prior to being admitted into evidence
at a hearing conducted pursuant to section 179A.13, and become public once admitted into
evidence.
new text end

new text begin (c) Notwithstanding sections 13.43 and 181.932, the following data are public at all
times:
new text end

new text begin (1) the filing date of unfair labor practice charges;
new text end

new text begin (2) the status of unfair labor practice charges as an original or amended charge;
new text end

new text begin (3) the names and job classifications of charging parties and charged parties;
new text end

new text begin (4) the provisions of law alleged to have been violated in unfair labor practice charges;
new text end

new text begin (5) the complaint issued by the board and all data in the complaint;
new text end

new text begin (6) the full and complete record of an evidentiary hearing before a hearing officer,
including the hearing transcript, exhibits admitted into evidence, and posthearing briefs,
unless subject to a protective order;
new text end

new text begin (7) recommended decisions and orders of hearing officers pursuant to section 179A.13,
subdivision 1, paragraph (i);
new text end

new text begin (8) exceptions to the hearing officer's recommended decision and order filed with the
board pursuant to section 179A.13, subdivision 1, paragraph (k);
new text end

new text begin (9) briefs filed with the board; and
new text end

new text begin (10) decisions and orders issued by the board.
new text end

new text begin (d) The board may make any data classified as private, protected nonpublic, or
confidential pursuant to this subdivision accessible to any person or party if the access will
aid the implementation of chapters 179 and 179A or ensure due process protection of the
parties.
new text end

Sec. 3.

Minnesota Statutes 2022, section 179A.041, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Open Meeting Law; exceptions. new text end

new text begin Chapter 13D does not apply to meetings of
the board when it is deliberating on the merits of unfair labor practice charges under sections
179.11, 179.12, and 179A.13; reviewing a recommended decision and order of a hearing
officer under section 179A.13; or reviewing decisions of the commissioner of the Bureau
of Mediation Services relating to unfair labor practices under section 179A.12, subdivision
11.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin $500,000 in fiscal year 2024 and $500,000 in fiscal year 2025 are appropriated from the
general fund to the Public Employment Relations Board under Minnesota Statutes, section
179A.041.
new text end