SF 1633

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/20/2023 02:56pm

A bill for an act
relating to labor relations; modifying public labor relations; modifying teacher
probationary period requirements; amending Minnesota Statutes 2022, sections
13.43, subdivision 6; 120A.414, subdivision 2; 122A.181, subdivision 5; 122A.26,
subdivision 2; 122A.40, subdivision 5; 122A.41, subdivision 2; 179A.03,
subdivisions 14, 18, 19; 179A.06, by adding a subdivision; 179A.07, subdivision
6, by adding subdivisions; 572B.17.

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

Section 1.

Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read:

Subd. 6.

Access by labor organizations.

Personnel data deleted text begin may deleted text end new text begin must new text end be disseminated to
labor organizations to the extent deleted text begin that the responsible authority determines that the
dissemination is deleted text end necessary to conduct elections, notify employees of fair share fee
assessments, and implement the provisions of chapters 179 and 179A. Personnel data shall
be disseminated to labor organizations and to the Bureau of Mediation Services to the extent
the dissemination is ordered or authorized by the commissioner of the Bureau of Mediation
Services.

Sec. 2.

Minnesota Statutes 2022, section 120A.414, subdivision 2, is amended to read:

Subd. 2.

Plan.

A school board may adopt an e-learning day plan after deleted text begin consulting deleted text end new text begin meeting
and negotiating new text end with the exclusive representative of the teachers. A charter school may
adopt an e-learning day plan after consulting with its teachers new text begin , or after meeting and
negotiating with the exclusive representative for its teachers new text end . The plan must include
accommodations for students without Internet access at home and for digital device access
for families without the technology or an insufficient amount of technology for the number
of children in the household. A school's e-learning day plan must provide accessible options
for students with disabilities under chapter 125A.

Sec. 3.

Minnesota Statutes 2022, section 122A.181, subdivision 5, is amended to read:

Subd. 5.

Limitations on license.

(a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and
limited to the district or charter school that requested the initial Tier 1 license.

(b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).

deleted text begin (c) A Tier 1 license does not bring an individual within the definition of a teacher under
section 179A.03, subdivision 18.
deleted text end

Sec. 4.

Minnesota Statutes 2022, section 122A.26, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

new text begin (a) new text end A person who teaches in a community education program
deleted text begin which deleted text end new text begin that new text end qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family education
program deleted text begin which deleted text end new text begin that new text end is offered through a community education program and which qualifies
for community education aid pursuant to section 124D.20 or early childhood and family
education aid pursuant to section 124D.135 shall continue to meet licensure requirements
as a teacher. A person who teaches in a community education course deleted text begin which deleted text end new text begin that new text end is offered
for credit for graduation to persons under 18 years of age shall continue to meet licensure
requirements as a teacher.

new text begin (b) new text end A person who teaches a driver training course deleted text begin which deleted text end new text begin that new text end is offered through a
community education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section 171.35. A
license deleted text begin which deleted text end new text begin that new text end is required for an instructor in a community education program pursuant
to this deleted text begin subdivision deleted text end new text begin paragraph new text end shall not be construed to bring an individual within the
definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41,
subdivision 1, deleted text begin clause deleted text end new text begin paragraph new text end (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:

Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's first
teaching experience in Minnesota in a single district is deemed to be a probationary period
of employment, and, the probationary period in each district in which the teacher is thereafter
employed shall be one year. The school board must adopt a plan for written evaluation of
teachers during the probationary period that is consistent with subdivision 8. Evaluation
must occur at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur within the first
90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school
must not be included in determining the number of school days on which a teacher performs
services. Except as otherwise provided in paragraph (b), during the probationary period any
annual contract with any teacher may or may not be renewed as the school board shall see
fit. However, the board must give any such teacher whose contract it declines to renew for
the following school year written notice to that effect before July 1. If the teacher requests
reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason
in writing, including a statement that appropriate supervision was furnished describing the
nature and the extent of such supervision furnished the teacher during the employment by
the board, within ten days after receiving such request. The school board may, after a hearing
held upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher, effective immediately, upon receipt
of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has
been revoked due to a conviction for child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least deleted text begin 120 deleted text end new text begin 60 new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 6.

Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:

Subd. 2.

Probationary period; discharge or demotion.

(a) deleted text begin All teachers in the public
schools in cities of the first class during the first three years of consecutive employment
shall be deemed to be in a probationary period of employment during which period any
annual contract with any teacher may, or may not, be renewed as the school board, after
consulting with the peer review committee charged with evaluating the probationary teachers
under subdivision 3, shall see fit. deleted text end new text begin The first three consecutive years of a teacher's first teaching
experience in Minnesota in a single district is deemed to be a probationary period of
employment, and the probationary period in each district in which the teacher is thereafter
employed shall be one year. new text end The school site management team or the school board if there
is no school site management team, shall adopt a plan for a written evaluation of teachers
during the probationary period according to subdivisions 3 and 5. Evaluation by the peer
review committee charged with evaluating probationary teachers under subdivision 3 shall
occur at least three times periodically throughout each school year for a teacher performing
services during that school year; the first evaluation must occur within the first 90 days of
teaching service. Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days on which a teacher performs
services. The school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of
such discharge or demotion shall be given to the teacher by the school board at least 30
days before such removal or demotion shall become effective, and the teacher so notified
shall have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(d) A probationary teacher must complete at least deleted text begin 120 deleted text end new text begin 60 new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 7.

Minnesota Statutes 2022, section 179A.03, subdivision 14, is amended to read:

Subd. 14.

Public employee or employee.

(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:

(1) elected public officials;

(2) election officers;

(3) commissioned or enlisted personnel of the Minnesota National Guard;

(4) emergency employees who are employed for emergency work caused by natural
disaster;

(5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;

(6) employees whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year; deleted text begin or deleted text end (ii) new text begin are not working for a
Minnesota school district or charter school; or (iii) new text end are not for more than 100 working days
in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;

(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;

(9) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number
of hours of service per week;

(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor
in an adult vocational education program;

(11) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities to teach one course for three or fewer credits for one semester in a year;

(12) with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees;

(13) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) and (6):

(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;

(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), in the same calendar
year and the cumulative number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position"
includes a substantially equivalent position if it is not the same position solely due to a
change in the classification or title of the position; and

(3) an early childhood family education teacher employed by a school district.

Sec. 8.

Minnesota Statutes 2022, section 179A.03, subdivision 18, is amended to read:

Subd. 18.

Teacher.

"Teacher" means any public employee other than a superintendent
or assistant superintendent, principal, assistant principal, or a supervisory or confidential
employee, employed by a school district:

(1) in a position for which the person must be licensed by the Professional Educator
Licensing and Standards Board or the commissioner of education; deleted text begin or
deleted text end

(2) in a position as a physical therapist, occupational therapist, art therapist, music
therapist, or audiologist deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) in a position providing instruction to children in a prekindergarten or early learning
program, except that an employee in a bargaining unit certified before January 1, 2023, may
remain in a bargaining unit that does not include teachers unless an exclusive representative
files a petition for a unit clarification or to transfer exclusive representative status.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 9.

Minnesota Statutes 2022, section 179A.03, subdivision 19, is amended to read:

Subd. 19.

Terms and conditions of employment.

"Terms and conditions of employment"
means the hours of employment, the compensation therefor including fringe benefits except
retirement contributions or benefits other than employer payment of, or contributions to,
premiums for group insurance coverage of retired employees or severance pay, new text begin staffing
ratios, class sizes in school districts and charter schools, student testing, student-to-personnel
ratios in school districts, new text end and the employer's personnel policies affecting the working
conditions of the employees. In the case of professional employees the term does not mean
educational policies of a school district. "Terms and conditions of employment" is subject
to section 179A.07.

Sec. 10.

Minnesota Statutes 2022, section 179A.06, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Liability. new text end

new text begin (a) A public employer, a labor organization, or any of its employees
or agents shall not be liable for and shall have a complete defense to claims or actions under
the laws of this state for requiring, deducting, receiving, or retaining agency or fair share
fees from public employees. Current or former public employees shall not have standing
to pursue these claims or actions if the fees were permitted at the time under the laws of
this state then in force and paid, through payroll deduction or otherwise, prior to June 27,
2018.
new text end

new text begin (b) This section applies to claims or actions pending on the effective date of this section
and to claims or actions filed on or after that date.
new text end

new text begin (c) The enactment of this section shall not be interpreted to create the inference that any
relief made unavailable by this section would otherwise be available.
new text end

new text begin (d) The legislature finds and declares:
new text end

new text begin (1) application of this section to pending claims or actions clarifies state law rather than
changes it. Public employees who paid agency or fair share fees as a condition of employment
according to state law and supreme court precedent prior to June 27, 2018, had no legitimate
expectation of receiving the money under any available cause of action. Public employees
and organizations who relied on and abided by state law and supreme court precedent in
deducting and accepting those fees were not liable to refund them. Agency or fair share fees
paid for collective bargaining representation that employee organizations were obligated
by state law to provide to public employees. Application of this section to pending claims
will preserve, rather than interfere with, important reliance interests; and
new text end

new text begin (2) this subdivision is necessary to provide certainty to public employers and employee
organizations that relied on state law, and to avoid disruption of public employee labor
relations.
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. 11.

Minnesota Statutes 2022, section 179A.07, subdivision 6, is amended to read:

Subd. 6.

Time off.

A public employer must afford reasonable time off to elected officers
or appointed representatives of the exclusive representative to conduct the duties of the
exclusive representative and must, upon request, provide for leaves of absence to elected
or appointed officials of the exclusive representative new text begin , to elected or appointed officials of an
affiliate of an exclusive representative, new text end or to a full-time appointed official of an exclusive
representative of teachers in another Minnesota school district.

Sec. 12.

Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Bargaining unit information. new text end

new text begin (a) Within ten calendar days from the date of
hire of a bargaining unit employee, a public employer must provide the following contact
information to an exclusive representative in an Excel file format or other format agreed to
by the exclusive representative: name, job title, worksite location, home address, work
telephone number, home and personal cell phone numbers on file with the public employer,
date of hire, and work email address and personal email address on file with the public
employer.
new text end

new text begin (b) Every 120 calendar days beginning on January 1, 2024, a public employer must
provide an exclusive representative in an Excel file or similar format agreed to by the
exclusive representative the following information for all bargaining unit employees: name,
job title, worksite location, home address, work telephone number, home and personal cell
phone numbers on file with the public employer, date of hire, and work email address and
personal email address on file with the public employer.
new text end

Sec. 13.

Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Access. new text end

new text begin (a) A public employer must provide an exclusive representative access
to members of the bargaining unit, including:
new text end

new text begin (1) the right to meet with bargaining unit members on the premises of the public employer
during the workday to investigate and discuss grievances and other workplace issues;
new text end

new text begin (2) the right to conduct worksite meetings during lunch and other breaks, and before
and after the workday, on the public employer's premises to discuss workplace issues,
collective bargaining, the administration of collective bargaining agreements, and other
matters related to the duties of an exclusive representative; and
new text end

new text begin (3) the right to meet with newly hired employees, without charge to the pay or leave
time of the employees, for a minimum of 30 minutes, within 30 calendar days from the date
of hire, during new employee orientations or, if the employer does not conduct new employee
orientations, at individual or group meetings.
new text end

new text begin (b) A public employer must provide an exclusive representative access to the employer's
email system to communicate with bargaining unit members regarding collective bargaining,
the administration of collective bargaining agreements, the investigation of grievances,
other workplace-related complaints and issues, and internal union matters involving the
governance or business of the union.
new text end

new text begin (c) A public employer must provide an exclusive representative access to facilities owned
or leased by the public employer to conduct meetings with bargaining unit members regarding
collective bargaining, other workplace-related complaints and issues, and internal union
matters involving the governance or business of the union, provided the use does not interfere
with governmental operations. Meetings conducted in government buildings pursuant to
this subdivision must not be for the purpose of supporting or opposing any candidate for
partisan political office, or for the purpose of distributing literature or information regarding
partisan elections. An exclusive representative conducting a meeting in a government
building or other government facility pursuant to this subdivision may be charged for
maintenance, security, and other costs related to the use of the government building or
facility that would not otherwise be incurred by the government entity.
new text end

Sec. 14.

Minnesota Statutes 2022, section 572B.17, is amended to read:

572B.17 WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and, upon
motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the
manner for enforcement of subpoenas in a civil action.

(b) On request of a party to or a witness in an arbitration proceeding, an arbitrator may
permit a deposition of any witness to provide testimony at the arbitration hearing, including
a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under
conditions determined by the arbitrator for use as evidence in order to make the proceeding
fair, expeditious, and cost-effective.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in
the circumstances, taking into account the needs of the parties to the arbitration proceeding
and other affected persons and the desirability of making the proceeding fair, expeditious,
and cost-effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a
party to the arbitration proceeding to comply with the arbitrator's discovery-related orders,
including the issuance of a subpoena for the attendance of a witness and for the production
of records and other evidence at a discovery proceeding, and may take action against a party
to the arbitration proceeding who does not comply to the extent permitted by law as if the
controversy were the subject of a civil action in this state.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets, new text begin data classified as nonpublic or private
pursuant to chapter 13, new text end and other information protected from disclosure as if the controversy
were the subject of a civil action in this state.

(f) All laws compelling a person under subpoena to testify and all fees for attending a
judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an
arbitration proceeding as if the controversy were the subject of a civil action under the laws
and rules of civil procedure of this state.

(g) The court may enforce a subpoena or discovery-related order for the attendance of
a witness within this state and for the production of records and other evidence issued by
an arbitrator in connection with an arbitration proceeding in another state upon conditions
determined by the court in order to make the arbitration proceeding fair, expeditious, and
cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served
in the manner provided by law for service of subpoenas in a civil action in this state and,
upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced
in the manner provided by law for enforcement of subpoenas in a civil action in this state.