SF 740

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor relations; revising procedures for
bargaining between school boards and teachers;
amending Minnesota Statutes 2004, sections 179A.16,
subdivision 7, by adding a subdivision; 179A.17,
subdivision 1; 179A.18, subdivision 2; repealing
Minnesota Statutes 2004, section 123B.05.

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

Section 1.

Minnesota Statutes 2004, section 179A.16, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Teachers. new text end

new text begin For contracts between exclusive
representatives of teachers and public employers of teachers
other than the state, procedures for negotiation of agreements,
mediation, and interest arbitration shall be as otherwise
provided in chapter 179A until September 1 of the odd-numbered
year. If the public employer and the exclusive representative
of the teachers have not signed a collective bargaining
agreement or submitted the unresolved items to interest
arbitration according to this section on or before September 1
of the odd-numbered year, the commissioner shall request
necessary information from the parties, shall determine the
matters not agreed upon based on the efforts to mediate the
dispute and the positions submitted by the parties during
negotiations or mediation, and shall prepare a list of the items
to be decided by an arbitrator or arbitration panel. The
commissioner shall submit the list of items to be decided by an
arbitrator or arbitration panel to the parties. Within 15 days
of its receipt of the list of items to be decided by an
arbitrator or arbitration panel, each party shall submit its
final position on the items in dispute. Those items in dispute
shall be submitted to final-offer total-package interest
arbitration unless the parties mutually agree to conventional or
final-offer item-by-item arbitration. The provisions of this
section shall be applicable to all other matters relating to the
interest arbitration and the result shall be final and binding
on the parties.
new text end

Sec. 2.

Minnesota Statutes 2004, section 179A.16,
subdivision 7, is amended to read:

Subd. 7.

Decision by the arbitrator or panel.

The
decision must be issued by the arbitrator or a majority vote of
the panel. The decision must resolve the issues in dispute
between the parties as submitted by the commissioner. For
principals and assistant principals, the arbitrator or panel is
restricted to selecting between the final offers of the parties
on each impasse item. new text begin Except as provided in subdivision 1a, new text end for
other employees, if the parties agree in writing, the arbitrator
or panel is restricted to selecting between the final offers of
the parties on each impasse item, or the final offer of one or
the other parties in its entirety. In considering a dispute and
issuing its decision, the arbitrator or panel shall deleted text begin consider the
statutory rights and obligations deleted text end new text begin give primary consideration to
the ability new text end of public employers to efficiently manage and
conduct their operations deleted text begin within the legal limitations
surrounding the financing of these operations deleted text end new text begin without taking
action to raise new revenues and without significantly
diminishing the quality or level of services offered. For
school district employees, the decision must also comply with
section 123B.749 new text end . The decision is final and binding on all
parties.

The arbitrator or panel shall render its decision within 30
days from the date that all arbitration proceedings have
concluded. The arbitrator or panel may not request that the
parties waive their right to have the decision rendered within
30 days, unless the commissioner grants an extension of the
deadline. The commissioner shall remove from the roster for six
months the name of any arbitrator who does not render the
decision within 30 days or within the extension granted by the
commissioner. The commissioner shall adopt rules establishing
criteria to be followed in determining whether an extension
should be granted. The decision must be for the period stated
in the decision, except that decisions determining contracts for
teacher units are effective to the end of the contract period
determined by section 179A.20.

The arbitrator or panel shall send its decision to the
commissioner, the appropriate representative of the public
employer, and the employees. If any issues submitted to
arbitration are settled voluntarily before the arbitrator or
panel issues a decision, the arbitrator or panel shall report
the settlement to the commissioner.

The parties may, at any time before or after issuance of a
decision of the arbitrator or panel, agree upon terms and
conditions of employment regardless of the terms and conditions
of employment determined by the decision. The parties shall, if
so agreeing, execute a written contract or memorandum of
contract.

Sec. 3.

Minnesota Statutes 2004, section 179A.17,
subdivision 1, is amended to read:

Subdivision 1.

For teachers.

If a new or different
exclusive representative of teachers employed by a local school
district is certified by the commissioner at any time other than
the period between 120 days before the termination date of a
contract and the termination date of the contract, or if on July
1 of any odd-numbered year a representation proceeding involving
the employer and the employer's teachers is before the
commissioner, section 179A.18, subdivision 2, deleted text begin clause (1), deleted text end shall
apply. In those cases, however, the employer and the exclusive
representative of the teachers shall execute a written contract
or memorandum of contract no later than 60 days after a
certification by the commissioner of a new or different
exclusive representative or the resolution by the commissioner
of a representation proceeding. Either party may petition the
commissioner for assistance in reaching an agreement. If the
employer and the exclusive representative of the teachers fail
to execute a contract by 60 days after the certification of a
new or different exclusive representative or the resolution by
the commissioner of a representation proceeding, deleted text begin they shall be
conclusively presumed to be at an impasse after having
participated in mediation as specified in section 179A.18,
subdivision 2, clause (1)(b) deleted text end new text begin the provisions of section 179A.16,
subdivision 1a, shall then be applicable as though agreement had
not been reached by September 1 of the odd-numbered year new text end .

Sec. 4.

Minnesota Statutes 2004, section 179A.18,
subdivision 2, is amended to read:

Subd. 2.

School district requirements.

deleted text begin Except as
otherwise provided by section 179A.17, subdivision 1, deleted text end Teachers
employed by a local school district, other than principals and
assistant principals, may strike only deleted text begin under the following
circumstances:
deleted text end

deleted text begin (1)(a) the collective bargaining agreement between their
exclusive representative and their employer has expired or, if
there is no agreement, impasse under section 179A.17,
subdivision 1, has occurred; and
deleted text end

deleted text begin (b) the exclusive representative and the employer have
participated in mediation over a period of at least 30 days.
For the purposes of this subclause the mediation period
commences on the day that a mediator designated by the
commissioner first attends a conference with the parties to
negotiate the issues not agreed upon; and
deleted text end

deleted text begin (c) neither party has requested interest arbitration or a
request for binding interest arbitration has been rejected; or
deleted text end

deleted text begin (2) deleted text end new text begin if new text end the employer violates section 179A.13, subdivision
2, clause (9).

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 123B.05, is repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective July 1, 2005.
new text end