SF 539

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; protecting certain communication in the workplace between
labor organizations and employees; prohibiting certain employer conduct;
providing civil remedies; proposing coding for new law in Minnesota Statutes,
chapter 181.

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

Section 1.

new text begin [181.985] WORKPLACE COMMUNICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them in this subdivision.
new text end

new text begin (b) "Employer" means any person, business entity, or nonprofit organization, having
one or more employees in Minnesota, and includes the state and any political subdivisions
of the state.
new text end

new text begin (c) "Employee" means a person who performs services for hire in Minnesota for an
employer, but does not include independent contractors.
new text end

new text begin (d) "Communication" means any printed or electronic document, letter, brochure,
flyer, advertisement, e-mail, text message, or similar means pertaining to union business
or labor organizing as provided under state or federal law.
new text end

new text begin (e) "Employee organization" or "labor organization" have the same meanings given
them in sections 179.01, subdivision 6, and 179A.03, subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited practice. new text end

new text begin An employer may not refuse to hire a job applicant
or discipline or discharge an employee because the applicant or employee has received
or responded to a communication from an employee organization or labor organization.
Nor shall an employer prohibit an employee from receiving communications from an
employee organization at the employee's work location, work mailbox, in an employee
break room or meal area, or on the employee's work computer. Reasonable rules
concerning the quantity of the communications, political or other inappropriate content of
the communications, attachments to electronic communications, and appropriate nonwork
times for review of these types of communications are permitted. An employer may
discipline or discharge an employee for violations of these rules in accordance with the
employer's personnel policies or union contract.
new text end

new text begin Subd. 3. new text end

new text begin Remedy. new text end

new text begin The remedy for a violation of this section is through any
applicable grievance procedure. Damages are limited to wages and benefits lost by the
individual because of the violation.
new text end