SF 1244

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:28pm

A bill for an act
relating to collective bargaining; proposing an amendment to the Minnesota
Constitution.

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

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article IV shall be added to read:
new text end

new text begin ARTICLE IV
new text end new text begin COLLECTIVE BARGAINING RIGHTS
new text end

new text begin Section 1. new text end

new text begin The people shall have the right to organize together to form, join, or assist
labor organizations, and to bargain collectively with a public or private employer through
an exclusive representative of the employees' choosing, to the fullest extent not preempted
by the laws of the United States.
new text end

new text begin Sec. 2. new text end

new text begin As used in section 1, to bargain collectively is to perform the mutual obligation
of the employer and the exclusive representative of the employees to negotiate in good faith
regarding wages, hours, and other terms and conditions of employment, and to execute and
comply with any agreement reached, but this obligation does not compel either party to
agree to a proposal or make a concession.
new text end

new text begin Sec. 3. new text end

new text begin No existing or future law of the state or its political subdivisions shall abridge,
impair, or limit the foregoing rights, provided that the state may prohibit or restrict strikes
by employees of the state and its political subdivisions. The legislature's exercise of its
power to enact laws relative to the hours and conditions of employment shall not abridge,
impair, or limit the right to collectively bargain for wages, hours, and other terms and
conditions of employment that exceed minimum levels established by the legislature.
new text end

new text begin Sec. 4. new text end

new text begin No existing or future law of the state or its political subdivisions shall impair,
restrict, or limit the negotiation and enforcement of any collectively bargained agreement
with a public or private employer respecting financial support by employees of their collective
bargaining representative according to the terms of that agreement.
new text end

new text begin Sec. 5. new text end

new text begin For purposes of this article, "employee" means a person who works for any
employer for compensation and "employer" means a person or entity employing one or
more employees.
new text end

new text begin Sec. 6. new text end

new text begin This article and each part thereof shall be self-executing. If any part of this article
is found to be in conflict with or preempted by the United States Constitution or federal
law, such part shall be severable from the remainder of this section, and such part and the
remainder of this article shall be effective to the fullest extent that the United States
Constitution and federal law permit.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2020 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to:
new text end

new text begin (1) grant public and private employees the constitutional right to organize and bargain
collectively through labor unions;
new text end

new text begin (2) invalidate existing or future state or local laws that limit the ability to join unions
and bargain collectively, and to negotiate and enforce collective bargaining agreements,
including employees' financial support of their labor unions; and
new text end

new text begin (3) override state laws that regulate hours and conditions of employment to the extent
that those laws conflict with collective bargaining agreements?
new text end

	new text begin Yes . new text end
	new text begin No . new text end	new text begin " new text end