SF 123

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/17/2020 08:03am

A bill for an act
relating to labor; amending grievance procedure for public employment contracts;
requiring rulemaking; amending Minnesota Statutes 2018, section 179A.20,
subdivision 4; repealing Minnesota Statutes 2018, section 179A.21.

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

Section 1.

Minnesota Statutes 2018, section 179A.20, subdivision 4, is amended to read:

Subd. 4.

Grievance procedure.

(a) new text begin Notwithstanding any contrary provision of law,
home rule charter, ordinance, or resolution, new text end all contracts new text begin negotiated on or after July 1, 2020,
new text end must include a grievance procedure deleted text begin providing for deleted text end new text begin provided by the Office of Administrative
Hearings for grievances and appeals, including all written disciplinary actions and termination
decisions. The chief administrative law judge must adopt rules establishing a procedure for
this purpose. new text end Compulsory binding arbitration of grievances including all written disciplinary
actions new text begin and termination decisions shall be prohibited in all contracts negotiated on or after
July 1, 2020 new text end . If the parties cannot agree on the grievance procedure, they are subject to the
grievance procedure promulgated by the deleted text begin commissioner under section 179A.04, subdivision
3, clause (h) deleted text end new text begin chief administrative law judge new text end .

(b) Notwithstanding any home rule charter to the contrary, after the probationary period
of employment, any disciplinary action is subject to the grievance procedure deleted text begin and compulsory
binding arbitration deleted text end new text begin established under this section new text end .

(c) Employees covered by civil service systems created under chapter 43A, 44, 375,
387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423,
deleted text begin may deleted text end new text begin must new text end pursue a grievance through the procedure established under this section. deleted text begin When
the grievance is also within the jurisdiction of appeals boards or appeals procedures created
by deleted text end new text begin Any contrary provision provided by new text end chapter 43A, 44, 375, 387, 419, or 420, by a home
rule charter under chapter 410, or by Laws 1941, chapter 423, deleted text begin the employee may proceed
through the grievance procedure or the civil service appeals procedure, but once a written
grievance or appeal has been properly filed or submitted by the employee or on the
employee's behalf with the employee's consent the employee may not proceed in the
alternative manner deleted text end new text begin or by any other law is nullified new text end .

(d) A teacher who elects deleted text begin a hearing before an arbitrator under section 122A.40, subdivision
15, or 122A.41, subdivision 13, or who elects or acquiesces to a hearing before the school
board may not later proceed in the alternative manner nor deleted text end new text begin to new text end challenge deleted text begin the deleted text end new text begin a new text end termination or
discharge new text begin must do so new text end through deleted text begin a deleted text end new text begin the new text end grievance procedure required by this subdivision. new text begin Any
contrary provision provided by chapter 122A or by any other law is nullified.
new text end

(e) This section does not require employers or employee organizations to negotiate on
matters other than terms and conditions of employment.

new text begin (f) The grievance procedure established under this section shall supersede any inconsistent
provisions in chapters 179 and 179A or in Minnesota Rules, chapters 5500 to 5530, and
chapters 7300 to 7325.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2. new text begin REVISOR INSTRUCTION.
new text end

new text begin By January 15, 2021, the Bureau of Mediation Services, in consultation with the revisor
of statutes, the Public Employment Relations Board, and representatives for affected civil
service systems and teachers shall prepare legislation that:
new text end

new text begin (1) specifies any technical or conforming changes to Minnesota Statutes necessary to
effectuate the modification of the grievance procedure in section 1; and
new text end

new text begin (2) provides for any transfer of duties necessary to effectuate the modification of the
grievance procedure in section 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

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

new text begin Minnesota Statutes 2018, section 179A.21, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-8573

179A.21 GRIEVANCE ARBITRATION.

Subdivision 1.

Definition.

For purposes of this section, "grievance" means a dispute or disagreement as to the interpretation or application of any term or terms of any contract required by section 179A.20.

Subd. 2.

Selection.

If the parties to a contract cannot agree upon an arbitrator or panel of arbitrators as provided by the contract grievance procedures or the procedures established by the commissioner, the parties shall alternately strike names from a list of arbitrators selected by the commissioner until only one name remains. This arbitrator shall decide the grievance and the decision is binding upon the parties. The parties shall share equally the costs and fees of the arbitrator.

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 explanation. If any issues submitted to arbitration are settled voluntarily before the arbitrator issues a decision, the arbitrator shall report the settlement to the commissioner.