SF 854

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public employment; providing rights and 
  1.3             procedures for certain public employees of local 
  1.4             government units who are displaced as a result of a 
  1.5             transfer of the provision of services from one local 
  1.6             government unit to another local government unit; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 465. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [465.794] [DISPLACED LOCAL GOVERNMENT 
  1.11  EMPLOYEES.] 
  1.12     Subdivision 1.  [APPLICATION.] Unless a negotiated 
  1.13  agreement is reached between the employers and exclusive 
  1.14  representatives of affected employees, this section applies to 
  1.15  public employees, except employees of school districts or 
  1.16  educational cooperatives, who are displaced as the result of a 
  1.17  reorganization or consolidation of public services involving a 
  1.18  transfer of services being provided by one or more local 
  1.19  government units to another local government unit. 
  1.20     Subd. 2.  [SENIORITY RIGHTS.] A displaced employee who, 
  1.21  under a collective bargaining agreement negotiated under chapter 
  1.22  179A, has the right to exercise seniority rights to remain with 
  1.23  the employee's original employer, must be allowed to do so. 
  1.24     Subd. 3.  [APPOINTMENT TO NEW POSITION.] If, within 12 
  1.25  months of the reorganization or consolidation, the new service 
  1.26  provider finds it necessary to establish new positions to 
  1.27  provide the newly reorganized or consolidated service, the new 
  2.1   service provider shall offer the positions to employees 
  2.2   displaced from the original service provider or providers.  The 
  2.3   new service provider shall appoint displaced employees in the 
  2.4   order of their length of service with a local government unit 
  2.5   from which the service was transferred, with those with the 
  2.6   greatest length of service being the first appointed, provided 
  2.7   that the displaced employees meet the qualifications for the 
  2.8   position with the new service provider. 
  2.9      Subd. 4.  [LAYOFFS.] A displaced employee who is not 
  2.10  appointed to a position with the new service provider under 
  2.11  subdivision 3 is considered to be laid off and has the rights 
  2.12  accorded under a collective bargaining agreement with the local 
  2.13  government unit from which the service was transferred. 
  2.14     Subd. 5.  [CALCULATING SENIORITY.] For seniority purposes, 
  2.15  an employee appointed under subdivision 3 is considered a new 
  2.16  employee as of the date of appointment.  When two or more 
  2.17  employees are appointed on the same date, an employee with 
  2.18  greater seniority with a local government unit from which the 
  2.19  service was transferred has greater seniority with the new 
  2.20  service provider.  If two or more employees appointed on the 
  2.21  same date have equal seniority with a local government unit from 
  2.22  which the service was transferred, the employees' seniority with 
  2.23  the new service provider must be determined by the toss of a 
  2.24  coin. 
  2.25     Subd. 6.  [BENEFITS.] The accumulated sick leave and 
  2.26  vacation benefits of a displaced employee appointed under 
  2.27  subdivision 3 must carry over to the new service provider up to 
  2.28  the limits provided in a collective bargaining agreement 
  2.29  governing the employees of the new service provider or, if there 
  2.30  is no collective bargaining agreement, up to the limits set by 
  2.31  the new provider's personnel policies.  Future vacation and sick 
  2.32  leave accrual is governed by the collective bargaining agreement 
  2.33  or, if none, personnel policies of the new provider, except 
  2.34  that, for purposes of calculating future vacation and sick leave 
  2.35  accrual rates, an employee appointed under subdivision 3 must be 
  2.36  given credit for the time the employee spent working with a 
  3.1   local government unit from which the service was transferred. 
  3.2      Subd. 7.  [SALARY LEVEL.] For purposes of calculating the 
  3.3   salary level and any applicable longevity pay, the new service 
  3.4   provider shall credit an employee appointed under subdivision 3 
  3.5   for the time the employee spent working for the local government 
  3.6   unit from which the service was transferred. 
  3.7      Subd. 8.  [ENROLLMENT IN INSURANCE PLANS.] Enrollment in 
  3.8   insurance plans is governed by the terms and conditions of the 
  3.9   collective bargaining agreement covering the employees of the 
  3.10  new service provider or, if there is no collective bargaining 
  3.11  agreement, the personnel policies of the new service provider.  
  3.12  For purposes of this subdivision, an employee appointed under 
  3.13  subdivision 3 is considered a new employee.