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HF 769

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 03:50pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to labor; modifying Public Employment Relations Board data; appropriating
money; amending Minnesota Statutes 2018, 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 2018, section 13.43, subdivision 6, is amended to read:


Subd. 6.

Access by labor organizationsnew 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 endto 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 organizationsnew text begin, the Public Employment Relations Board,new text end
and deleted text begintodeleted text end the Bureau of Mediation Services to the extent the dissemination is ordered or
authorized by the commissioner of the Bureau of Mediation Servicesnew 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 Nonpublic data. new text end

new text begin (a) Except as provided in this subdivision, 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, and become public when admitted into
evidence at a hearing conducted pursuant to section 179A.13. The data may be subject to
a protective order as determined by the board or a hearing officer.
new text end

new text begin (b) Notwithstanding sections 13.43 and 181.932, the following data are public:
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 (c) Notwithstanding paragraph (a), individuals have access to their own statements
provided to the board under paragraph (a).
new text end

new text begin (d) The board may make any data classified as 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 2018, section 179A.041, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Open meetings. 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; reviewing decisions of the commissioner of the Bureau of Mediation
Services relating to unfair labor practices under section 179A.12, subdivision 11; or
exercising its hiring authority under section 179A.041.
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 beginAPPROPRIATIONS.
new text end

new text begin $435,000 in fiscal year 2020 and $435,000 in fiscal year 2021 are appropriated from the
general fund to the Public Employment Relations Board under Minnesota Statutes, section
179A.041.
new text end