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SF 1009

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:00pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to labor; modifying the public employment labor relations act; amending
Minnesota Statutes 2020, sections 179A.03, subdivisions 5, 17; 179A.04,
subdivision 3; 179A.06, subdivision 2; 179A.14, subdivision 3; 179A.16,
subdivisions 4, 6, 7; 179A.21, subdivision 3; repealing Minnesota Statutes 2020,
sections 179A.102; 179A.103.

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

Section 1.

Minnesota Statutes 2020, section 179A.03, subdivision 5, is amended to read:


Subd. 5.

Commissioner.

deleted text begin"Commissioner of the Minnesota Bureau of Mediation Services"
or
deleted text end "Commissioner" means the commissioner of the Bureau of Mediation Services.

Sec. 2.

Minnesota Statutes 2020, section 179A.03, subdivision 17, is amended to read:


Subd. 17.

Supervisory employee.

"Supervisory employee" means a person who has the
authority to undertake a majority of the following supervisory functions in the interests of
the employer: hiring, transfer, suspension, promotion, discharge, assignment, reward, or
discipline of other employees, direction of the work of other employees, or adjustment of
other employees' grievances on behalf of the employer. To be included as a supervisory
function which the person has authority to undertake, the exercise of the authority by the
person may not be merely routine or clerical in nature but must require the use of independent
judgment. An employee, other than deleted text beginan essential employee,deleted text endnew text begin a firefighter, a peace officer
subject to licensure under sections 626.84 to 626.863, a 911 system and police and fire
department public safety dispatcher, a guard at a correctional facility, an assistant county
attorney, and an assistant city attorney,
new text end who has authority to effectively recommend a
supervisory functiondeleted text begin,deleted text end is deemed to have authority to undertake that supervisory function
for the purposes of this subdivision. The administrative head of a municipality, municipal
utility, or police or fire department, and the administrative head's assistant, are always
considered supervisory employees.

The removal of employees by the employer from a nonsupervisory appropriate unit for
the purpose of designating the employees as "supervisory employees" shall require either
the prior written agreement of the exclusive representative and the written approval of the
commissioner or a separate determination by the commissioner before the redesignation is
effective.

Sec. 3.

Minnesota Statutes 2020, section 179A.04, subdivision 3, is amended to read:


Subd. 3.

Other duties.

(a) The commissioner shall:

(1) provide mediation services as requested by the parties until the parties reach
agreement, and may continue to assist parties after they have submitted their final positions
for interest arbitration;

(2) issue notices, subpoenas, and orders required by law to carry out duties under sections
179A.01 to 179A.25;

(3) assist the parties in formulating petitions, notices, and other deleted text beginpapersdeleted text endnew text begin documentsnew text end required
to be filed with the commissioner deleted text beginor the boarddeleted text end;

(4) conduct elections;

(5) certify the final results of any election or other voting procedure conducted under
sections 179A.01 to 179A.25;

(6) adopt rules relating to the administration of this chapter and the conduct of hearings
and elections;

(7) receive, catalogue, file, and make available to the public all decisions of arbitrators
and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions
to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), and
the commissioner's orders and decisions;

(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section
179A.20, subdivision 4, that is available to any employee in a unit not covered by a
contractual grievance procedure;

(9) maintain a schedule of state employee classifications or positions assigned to each
unit established in section 179A.10, subdivision 2;

(10) collect fees deleted text beginestablished by ruledeleted text end for empanelment of persons on the labor arbitrator
roster maintained by the commissioner deleted text beginor in conjunction with fair share fee challengesdeleted text end.
Arbitrator application fees deleted text beginwill be $100deleted text endnew text begin are $150new text end per year for initial applications and renewals
effective deleted text beginJuly 1, 2007deleted text endnew text begin January 1, 2022new text end;

(11) provide technical support and assistance to voluntary joint labor-management
committees established for the purpose of improving relationships between exclusive
representatives and employers, at the discretion of the commissioner;

(12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision
4
;new text begin and
new text end

(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
representatives for the resolution of grievance or interest disputes. Each person on the list
must be knowledgeable about collective bargaining and labor relations in the public sector,
well versed in state and federal labor law, and experienced in and knowledgeable about
labor arbitration. To the extent practicable, the commissioner shall appoint members to the
list so that the list is gender and racially diversedeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (14) upon request of the board, provide administrative support and other assistance to
the board, including assistance in development and adoption of board rules.
deleted text end

(b) From the names provided by representative organizations, the commissioner shall
maintain a list of arbitrators to conduct teacher discharge or termination hearings according
to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following
requirements:

(1) be a former or retired judge;

(2) be a qualified arbitrator on the list maintained by the bureau;

(3) be a present, former, or retired administrative law judge; or

(4) be a neutral individual who is learned in the law and admitted to practice in Minnesota,
who is qualified by experience to conduct these hearings, and who is without bias to either
party.

new text begin (c) The commissioner shall maintain a list of six arbitrators to hear peace officer discipline
grievance arbitrations involving written disciplinary action, suspension, or discharge as set
forth in section 626.892.
new text end

new text begin (d) new text endEach year, education Minnesota shall provide a list of up to 14 names and the
Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
The commissioner may adopt rules about maintaining and updating the list.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, except paragraph (a),
clause (10), is effective January 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 179A.06, subdivision 2, is amended to read:


Subd. 2.

Right to organize.

Public employees have the right to form and join labor or
employee organizations, and have the right not to form and join such organizations. Public
employees in an appropriate unit have the right by secret ballot to designate an exclusive
representative to negotiate grievance procedures and the terms and conditions of employment
with their employer. Confidential employees of the state, confidential court employees, and
confidential University of Minnesota employees are excluded from bargaining. Supervisory
and managerial court employees are excluded from bargaining. Supervisory, managerial,
and confidential employees of Hennepin Healthcare System, Inc., are excluded from
bargaining. Other confidential employees, supervisory employees, principals, and assistant
principals may form their own organizations. An employer shall extend exclusive recognition
to a representative of or an organization of supervisory or confidential employees, or
principals and assistant principals, for the purpose of negotiating terms or conditions of
employment, in accordance with sections 179A.01 to 179A.25, applicable to essential
employees.

Supervisory or confidential employee organizations shall not participate in any capacity
in any negotiations which involve units of employees other than supervisory or confidential
employees. Except for organizations deleted text beginwhichdeleted text endnew text begin thatnew text end represent deleted text beginsupervisors who aredeleted text endnew text begin supervisor
units consisting solely of
new text end: (1) firefighters, emergency medical service employees certified
under section 144E.28, 911 system public safety dispatchers, peace officers subject to
licensure under sections 626.84 to 626.863, guards at correctional facilities, or employees
at hospitals other than state hospitals; and (2) not state or University of Minnesota employees,
a supervisory or confidential employee organization which is affiliated with another employee
organization which is the exclusive representative of nonsupervisory or nonconfidential
employees of the same public employer shall not be certified, or act as, an exclusive
representative for the supervisory or confidential employees. For the purpose of this
subdivision, affiliation means either direct or indirect and includes affiliation through a
federation or joint body of employee organizations.

Sec. 5.

Minnesota Statutes 2020, section 179A.14, subdivision 3, is amended to read:


Subd. 3.

Public meetings.

All negotiationsdeleted text begin, mediation sessions,deleted text end and hearings between
public employers and public employees or their respective representatives are public meetings
except when otherwise provided by the commissioner.

Sec. 6.

Minnesota Statutes 2020, section 179A.16, subdivision 4, is amended to read:


Subd. 4.

Selection of arbitrator or panel of arbitrators.

The parties may select persons
who are members of the arbitration roster maintained by the bureau to act as the arbitrator
or panel in their dispute by mutual agreement. In the event of a mutual agreement on the
arbitrator or panel, the commissioner shall advise in writing the arbitrator or panel. If the
parties do not mutually agree upon the arbitrator or panel, the commissioner shall provide
the parties to the interest arbitration a list of seven arbitrators. The commissioner shall deleted text beginmaildeleted text endnew text begin
provide
new text end the list of arbitrators to the parties within five working days. The parties shall
alternately strike names from the list of arbitrators until only a single arbitrator remains,
unless the parties request and mutually agree to utilize a panel of three arbitrators. If the
parties are unable to agree on who shall strike the first name, the question must be decided
by the flip of a coin. The arbitrator or arbitrators remaining after the striking procedure shall
constitute the arbitrator or panel.

Sec. 7.

Minnesota Statutes 2020, section 179A.16, subdivision 6, is amended to read:


Subd. 6.

Powers of arbitrator or panel.

The arbitrator or panel may issue subpoenas
requiring the attendance and testimony of witnesses and the production of evidence that
relates to any matter involved in any dispute before it. The arbitrator or panel may administer
oaths and affidavits and may examine witnesses. Attendance of witnesses and the production
of evidence may be required from any place in the state at any hearing. However, any hearing
must be held in the county where the principal administrative offices of the employer are
located, unless another location is selected by agreement of the parties. In case of refusal
to obey a subpoena issued under this section, the district court of the state for the county
where the proceeding is pending or where the person who refuses to obey is found, or
resides, or transacts business, on application of the arbitrator or panel, has jurisdiction to
issue an order requiring the person to appear before the panel, to produce evidence, or to
give testimony. Failure to obey the order may be punished by the court as a contempt.
deleted text begin Posthearing briefs, if any, must be received by the arbitrator within 14 days of the hearing.
deleted text end

Sec. 8.

Minnesota Statutes 2020, section 179A.16, subdivision 7, is amended to read:


Subd. 7.

Decision by 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. 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 consider the statutory rights and obligations of public employers
to efficiently manage and conduct their operations within the legal limitations surrounding
the financing of these operations. 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 new text beginsimultaneously new text endto 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. 9.

Minnesota Statutes 2020, section 179A.21, subdivision 3, is amended to read:


Subd. 3.

Limits.

Arbitration decisions authorized or required by a grievance procedure
are subject to the limitations contained in section 179A.16, subdivision 5. The arbitrator
shall send the commissioner a copy of each grievance arbitration decision and any written
explanationnew text begin immediately upon its issuance and no later than 30 days after the close of the
record
new text end. If any issues submitted to arbitration are settled voluntarily before the arbitrator
issues a decision, the arbitrator shall report the settlement to the commissioner.

Sec. 10. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 179A.102; and 179A.103, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-00001

179A.102 TRANSITION TO NEW BARGAINING UNIT STRUCTURE.

Subdivision 1.

Application of section.

Notwithstanding the provisions of section 179A.12 or any other law, this section governs, where contrary to other law, the initial certification and decertification, if any, of exclusive representatives for the appropriate units established by section 179A.101. Subsequent to the initial certification and decertification, if any, pursuant to this section, this section does not apply.

Subd. 2.

Existing majority.

The commissioner shall certify an employee organization as exclusive representative for an appropriate unit established under section 179A.101 upon a petition filed with the commissioner by the organization within 30 days of the effective date of the judicial district coming under section 480.181, subdivision 1, paragraph (b), demonstrating that the petitioner is certified pursuant to section 179A.12 as the exclusive representative of a majority of the employees included within the unit established by section 179A.101 as of that effective date. Two or more employee organizations that represent the employees in a unit established by section 179A.101 may petition jointly under this subdivision, provided that any organization may withdraw from a joint certification in favor of the remaining organizations on 30 days' notice to the remaining organizations, the employer, and the commissioner, without affecting the rights and obligations of the remaining organizations or the employer. The commissioner shall make a determination on a timely petition within 45 days of its receipt.

Subd. 3.

No existing majority.

(a) If no exclusive representative is certified under subdivision 2, the commissioner shall certify an employee organization as exclusive representative for an appropriate unit established under section 179A.101 upon a petition filed by the organization within the time period provided in subdivision 2 demonstrating that the petitioner is certified under section 179A.12 as the exclusive representative of fewer than a majority of the employees included within the unit established by section 179A.101, if no other employee organization so certified has filed a petition within the time period provided in subdivision 2 and a majority of the employees in the unit established by section 179A.101 are represented by employee organizations under section 179A.12 on the effective date of the judicial district coming under section 480.181, subdivision 1, paragraph (b). Two or more employee organizations, each of which represents employees included in the unit established by section 179A.101, may petition jointly under this paragraph, provided that any organization may withdraw from a joint certification in favor of the remaining organizations on 30 days' notice to the remaining organizations, the employer, and the commissioner without affecting the rights and obligations of the remaining organizations or the employer. The commissioner shall make a determination on a timely petition within 45 days of its receipt.

(b) If no exclusive representative is certified under subdivision 2 or paragraph (a), and an employee organization petitions the commissioner within 90 days of the effective date of the judicial district coming under section 480.181, subdivision 1, paragraph (b), demonstrating that a majority of the employees included within a unit established by section 179A.101 wish to be represented by the petitioner, where this majority is evidenced by current dues deduction rights, signed statements from court employees in counties within the district that are not currently represented by any employee organization plainly indicating that the signatories wish to be represented for collective bargaining purposes by the petitioner rather than by any other organization, or a combination of those, the commissioner shall certify the petitioner as exclusive representative of the employees in the unit established by section 179A.101. The commissioner shall make a determination on a timely petition within 45 days of its receipt.

(c) If no exclusive representative is certified under subdivision 2 or paragraph (a) or (b), and an employee organization petitions the commissioner subsequent to the effective date of the judicial district coming under section 480.181, subdivision 1, paragraph (b), demonstrating that at least 30 percent of the employees included within a unit established by section 179A.101 wish to be represented by the petitioner, where this 30 percent is evidenced by current dues deduction rights, signed statements from court employees in counties within the district that are not currently represented by any employee organization plainly indicating that the signatories wish to be represented for collective bargaining purposes by the petitioner rather than by any other organization, or a combination of those, the commissioner shall conduct a secret ballot election to determine the wishes of the majority. The election must be conducted within 45 days of receipt or final decision on any petitions filed pursuant to subdivision 2, whichever is later. The election is governed by section 179A.12, where not inconsistent with other provisions of this section.

Subd. 4.

Decertification.

The commissioner may not consider a petition for decertification of an exclusive representative certified under this section for one year after certification. After that time a petition must be considered under the provisions of section 179A.12.

Subd. 5.

Existing collective bargaining agreements.

The terms and conditions of collective bargaining agreements covering judicial district employees in districts that come under section 480.181, subdivision 1, paragraph (b), remain in effect until a successor agreement becomes effective.

Subd. 6.

Contract and representation responsibilities.

(a) Notwithstanding the provisions of section 179A.101, the exclusive representatives of units of court employees certified prior to the effective date of the judicial district coming under section 480.181, subdivision 1, paragraph (b), remain responsible for administration of their contracts and for other contractual duties and have the right to dues and fair share fee deduction and other contractual privileges and rights until a contract is agreed upon with the state court administrator for a new unit established under section 179A.101. Exclusive representatives of court employees certified after the effective date of Laws 1999, chapter 216, article 7, section 10, in the judicial district are immediately upon certification responsible for bargaining on behalf of employees within the unit. They are also responsible for administering grievances arising under previous contracts covering employees included within the unit which remain unresolved upon agreement with the state court administrator on a contract for a new unit established under section 179A.101. Where the employer does not object, these responsibilities may be varied by agreement between the outgoing and incoming exclusive representatives. All other rights and duties of representation begin on July 1 of the year in which the state assumes the funding of court administration in the judicial district, except that exclusive representatives certified after the effective date of Laws 1999, chapter 216, article 7, section 10, shall immediately, upon certification, have the right to all employer information and all forms of access to employees within the bargaining unit which would be permitted to the current contract holder, including the rights in section 179A.07, subdivision 6. This section does not affect an existing collective bargaining contract. Incoming exclusive representatives of court employees from judicial districts that come under section 480.181, subdivision 1, paragraph (b), are immediately, upon certification, responsible for bargaining on behalf of all previously unrepresented employees assigned to their units. All other rights and duties of exclusive representatives begin on July 1 of the year in which the state assumes the funding of court administration in the judicial district.

(b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter 216, article 7, sections 3 to 15, prevents an exclusive representative certified after the effective dates of those provisions from assessing fair share or dues deductions immediately upon certification for employees in a unit established under section 179A.101 if the employees were unrepresented for collective bargaining purposes before that certification.

179A.103 GENERAL PROVISIONS FOR COURT EMPLOYEES.

Subdivision 1.

Contracts.

Contracts for the period commencing July 1 of the year in which the state assumes the cost of court administration in the judicial district for the judicial district court employees must be negotiated with the state court administrator. Negotiations for those contracts may begin any time after July 1 of the year before the state assumes the cost, and may be initiated by either party notifying the other of the desire to begin the negotiating process. Negotiations are subject to this chapter.

Subd. 2.

Date of employment.

The date of first employment by the state court system is the date on which services were first performed by the employee for the employer from which the employee is being transferred.

Subd. 3.

Probationary periods.

Except as otherwise provided in a successor contract, probationary periods are not affected by the transfer of employees to the state court system.

Subd. 4.

Wage protection.

Court employees in judicial districts coming under section 480.181, subdivision 1, paragraph (b), may not have a decrease in wages as a result of their transfer to state employment. Wage scales negotiated in a judicial district contract are not to be applied to a court employee of a judicial district who was a court employee of a county within the judicial district at the time the judicial district came under section 480.181, subdivision 1, paragraph (b), until the wage for the employee under the scale is equal to or greater than the wage the employee was receiving on the date the judicial district came under section 480.181, subdivision 1, paragraph (b).