as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; modifying school board 1.3 contracting for certain noninstructional services; 1.4 amending Minnesota Statutes 2002, section 123B.02, 1.5 subdivision 14. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 123B.02, 1.8 subdivision 14, is amended to read: 1.9 Subd. 14. [EMPLOYEES; CONTRACTS FOR SERVICES.] (a) The 1.10 board may employ and discharge necessary employees and may 1.11 contract for other services. Notwithstanding any other law to 1.12 the contrary, it shall be an inherent managerial right of the 1.13 board to unilaterally contract or subcontract for services 1.14 unless the power to contract or subcontract is specifically 1.15 prohibited by collective bargaining agreements with all units of 1.16 affected employees. 1.17 (b) Notwithstanding any law to the contrary, when the 1.18 exclusive representative and the employer have been in 1.19 negotiation of a contract or subcontract for the services of 1.20 nonteachers as set out in the collective bargaining agreement 1.21 and have participated in mediation over a period of at least 45 1.22 days, either party may declare an impasse and terminate the 1.23 negotiation and the collective bargaining agreement shall 1.24 conclusively be determined to be expired. After expiration of 1.25 the collective bargaining agreement occurs under this paragraph, 2.1 the employer may contract with any other persons and entities 2.2 for the services. 2.3 (c) For the purposes of paragraph (b), the mediation period 2.4 begins on the day following receipt by the commissioner of a 2.5 request for mediation. 2.6 (d) Paragraph (b) applies to all agreements between the 2.7 board and collective bargaining representatives except for 2.8 teachers as defined in section 122A.41, subdivision 1, paragraph 2.9 (a). 2.10 [EFFECTIVE DATE.] This section is effective for contracts 2.11 negotiated and entered into on or after July 1, 2003, and 2.12 contracts beginning negotiation, but not entered into, before 2.13 July 1, 2003.