HF 950

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/11/2013 03:58pm

A bill for an act
relating to collective bargaining; authorizing collective bargaining for family
child care providers; proposing coding for new law in Minnesota Statutes,
chapter 179A.

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

Section 1.

new text begin [179A.50] REPRESENTATION OF FAMILY CHILD CARE
PROVIDERS.
new text end

new text begin Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
Representation Act.
new text end

Sec. 2.

new text begin [179A.51] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 179A.50 to 179A.52, the terms
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of mediation
services.
new text end

new text begin Subd. 3. new text end

new text begin Exclusive representative. new text end

new text begin "Exclusive representative" means a labor
organization that has been elected and certified under section 179A.52, thereby maintaining
the right to represent family child care providers in their relations with the state.
new text end

new text begin Subd. 4. new text end

new text begin Family child care provider. new text end

new text begin "Family child care provider" means an
individual, either licensed or unlicensed, who provides legal child care services as defined
under section 245A.03, except for providers licensed under Minnesota Rules, chapter
9503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
clause (5), and who provides child care assistance services under chapter 119B.
new text end

new text begin Subd. 5. new text end

new text begin Labor organization. new text end

new text begin "Labor organization" means an organization that has
as its primary purpose the representation of public service providers in their relations with
the state and other public entities.
new text end

new text begin Subd. 6. new text end

new text begin State. new text end

new text begin "State" means the state of Minnesota.
new text end

Sec. 3.

new text begin [179A.52] RIGHT TO ORGANIZE.
new text end

new text begin Subdivision 1. new text end

new text begin Right to organize; limitations. new text end

new text begin Family child care providers shall
have the right to form, join, and participate in the activities of labor organizations of their
own choosing for the purpose of representation and meeting and negotiating with the
state. Section 179A.22 applies to family child care providers except as otherwise provided
in this section. Family child care providers have the rights and obligations of public
employees solely for purposes related to meeting and negotiating on issues specifically set
forth in subdivision 4, paragraph (c), and purposes related to meeting and conferring as
provided in this section. This section does not grant family child care providers status as
public employees for any purpose other than use of chapter 179A procedures for the right
to organize, mediate, and negotiate related to the issues in subdivision 4, paragraph (c),
and to meet and confer as set forth in this section. This chapter applies to the relations
between the state, the exclusive representative, and family child care providers only for
purposes described in this section. Family child care providers have the same rights to
interest arbitration provided under section 179A.16, subdivision 2, to essential employees.
Family child care providers do not have the right to strike.
new text end

new text begin Subd. 2. new text end

new text begin Statewide unit. new text end

new text begin Notwithstanding any other law to the contrary, the only
bargaining unit under this section shall be a statewide unit of all family child care providers.
new text end

new text begin Subd. 3. new text end

new text begin Certification; process. new text end

new text begin For the purposes of determining certification
under section 179A.12, the commissioner shall utilize a list of family child care providers
compiled by the commissioner of human services over the most recent 12-month period.
The commissioner shall conduct a certification election by mail ballot pursuant to the
procedures in this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Meet and negotiate; meet and confer. new text end

new text begin (a) If the commissioner certifies
a labor organization as the majority exclusive representative, the state, through the
commissioner of management and budget, shall meet and negotiate in good faith with the
exclusive representative of the family child care unit regarding issues set forth in paragraph
(c), but this obligation does not compel the state or its representatives to agree to a proposal
or require the making of a concession. The commissioner of management and budget is
authorized to enter into agreements with the exclusive representative on issues specified in
paragraph (c). Negotiated agreements and arbitration decisions must be submitted to the
legislature to be accepted or rejected in accordance with sections 3.855 and 179A.22.
new text end

new text begin (b) The state has an obligation to meet and confer under chapter 179A with family
child care providers to discuss policies and other matters relating to their working
conditions.
new text end

new text begin (c) The commissioner of management and budget shall meet and negotiate with the
exclusive representative on the following issues:
new text end

new text begin (1) child care assistance reimbursement rates under chapter 119B;
new text end

new text begin (2) fringe benefits, but not retirement contributions or benefits, and not other benefits
to be paid when a person is no longer a family child care provider; and
new text end

new text begin (3) grievance procedures regarding matters in clauses (1) and (2).
new text end

new text begin (d) Any portion of a negotiated or arbitrated agreement that would require a change
in statute or rule may not take effect until the statute or rule is changed in a manner that
would make the agreement comply with the statute or rule.
new text end

new text begin Subd. 5. new text end

new text begin Exemption; federal law. new text end

new text begin In affording family child care providers the right
to engage in collective action, select a representative, and jointly engage in discussions
with the state under the terms of this section, the state intends that the "state action"
exemption from federal antitrust laws be fully available to the state, based on the state's
active supervision of family child care providers to improve the quality, accessibility, and
affordability of early childhood education services in the state.
new text end

new text begin Subd. 6. new text end

new text begin Rights. new text end

new text begin Nothing in this section shall be construed to interfere with:
new text end

new text begin (1) parental rights to select and deselect family child care providers or the ability of
family child care providers to establish the rates they charge to parents;
new text end

new text begin (2) the right or obligation of any state agency to communicate or meet with any
citizen, including another family child care provider, or organization concerning family
child care legislation, regulation, or policy on any issue that is not specified in subdivision
4, paragraph (c); or
new text end

new text begin (3) the rights and responsibilities of family child care providers under federal law.
new text end

new text begin Subd. 7. new text end

new text begin Severability. new text end

new text begin Should any part of this act be declared invalid or
unenforceable, or the enforcement or compliance with it is suspended, restrained, or
barred, either by the state or by the final judgment of a court of competent jurisdiction, the
remainder of this act shall remain in full force and effect.
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