SF 976

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor relations; prohibiting use of state funds to encourage or
discourage union organizing; providing for a civil penalty; proposing coding for
new law in Minnesota Statutes, chapter 179.

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

Section 1.

new text begin [179.601] PROHIBITING STATE FUNDS FOR UNION ORGANIZING
DRIVES.
new text end

new text begin Subdivision 1. new text end

new text begin General prohibition. new text end

new text begin Notwithstanding any other provision of law,
no money appropriated by the state for any purpose shall be used or made available to
employers to:
new text end

new text begin (1) train managers, supervisors, or other administrative personnel regarding methods
to encourage or discourage union organization, or to encourage or discourage an employee
from participating in a union organizing drive;
new text end

new text begin (2) hire or pay attorneys, consultants, or other contractors to encourage or discourage
union organization, or to encourage or discourage an employee from participating in a
union organizing drive; or
new text end

new text begin (3) hire employees or pay the salary and other compensation of employees whose
principal job duties are to encourage or discourage union organization, or to encourage or
discourage an employee from participating in a union organizing drive.
new text end

new text begin Subd. 2. new text end

new text begin Record-keeping requirements. new text end

new text begin Any employer that utilizes funds
appropriated by the state and engages in such activities shall maintain, for a period of not
less than three years from the date of such activities, financial records, audited as to their
validity and accuracy, sufficient to show that state funds were not used to pay for such
activities. An employer shall make such financial records available to the state entity that
provided such funds and the attorney general within ten business days of receipt of a
request from such entity or the attorney general for such records.
new text end

new text begin Subd. 3. new text end

new text begin Remedies; penalties. new text end

new text begin The attorney general may apply in the name of the
people of the state of Minnesota for an order enjoining or restraining the commission or
continuance of the alleged violation of this section. In any such proceeding, the court may
order the return to the state of the unlawfully expended funds. Further, the court may
impose a civil penalty not to exceed $1,000 where it has been shown that an employer
engaged in a violation of subdivision 1; provided, however, that a court may impose
a civil penalty not to exceed $1,000 or three times the amount of money unlawfully
expended, whichever is greater, where it is shown that the employer knowingly engaged
in a violation of subdivision 1 or where the employer previously had been found to have
violated subdivision 1 within the preceding two years. All money collected under this
section shall be deposited in the state general fund.
new text end

new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of labor and industry shall adopt rules
describing the form and content of the financial records required under this section and
shall provide advice and guidance to state entities subject to the provisions of this section
as to the implementation of contractual and administrative measures to enforce the
purposes of this section.
new text end