SF 745

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

A bill for an act
relating to employment; prohibiting a dues check off
for employee exclusive representatives and employee
organizations; amending Minnesota Statutes 2004,
sections 179A.06, subdivision 3; 179A.07, by adding a
subdivision; repealing Minnesota Statutes 2004,
section 179A.06, subdivision 6.

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

Section 1.

Minnesota Statutes 2004, section 179A.06,
subdivision 3, is amended to read:

Subd. 3.

Fair share fee.

An exclusive representative may
require employees who are not members of the exclusive
representative to contribute a fair share fee for services
rendered by the exclusive representative. The fair share fee
must be equal to the regular membership dues of the exclusive
representative, less the cost of benefits financed through the
dues and available only to members of the exclusive
representative. In no event may the fair share fee exceed 85
percent of the regular membership dues. The exclusive
representative shall provide advance written notice of the
amount of the fair share fee to the employer and to unit
employees who will be assessed the fee. The employer shall
provide the exclusive representative with a list of all unit
employees.

A challenge by an employee or by a person aggrieved by the
fee must be filed in writing with the commissioner, the public
employer, and the exclusive representative within 30 days after
receipt of the written notice. All challenges must specify
those portions of the fee challenged and the reasons for the
challenge. The burden of proof relating to the amount of the
fair share fee is on the exclusive representative. The
commissioner shall hear and decide all issues in these
challenges.

deleted text begin The employer shall deduct the fee from the earnings of the
employee and transmit the fee to the exclusive representative 30
days after the written notice was provided. If a challenge is
filed, the deductions for a fair share fee must be held in
escrow by the employer pending a decision by the commissioner.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 179A.07, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Dues check off prohibition. new text end

new text begin A public employer
shall not provide public employees a dues check off for the
exclusive representative or, in the absence of an exclusive
representative, for the organization of the employee's choice.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 179A.06, subdivision 6, is
repealed.
new text end