as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public employees; ratifying certain labor 1.3 agreements and compensation plans; providing for 1.4 transfer of vacation and sick leave for certain 1.5 employees; modifying per diem provision for special 1.6 mediators; modifying procedures for the listing of 1.7 arbitrators; making technical changes; amending 1.8 Minnesota Statutes 1998, sections 3.096; 179.02, 1.9 subdivision 2; 179A.04, subdivision 3; 179A.10, 1.10 subdivision 1; and 179A.16, subdivision 2. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. [RATIFICATIONS.] 1.13 Subdivision 1. [STATE UNIVERSITY ADMINISTRATIVE AND 1.14 SERVICE FACULTY.] The labor agreement between the state of 1.15 Minnesota and the Minnesota state university association of 1.16 administrative and service faculty, approved by the legislative 1.17 coordinating commission subcommittee on employee relations on 1.18 June 24, 1998, is ratified. 1.19 Subd. 2. [TECHNICAL COLLEGE FACULTY.] The labor agreement 1.20 between the state of Minnesota and the united technical college 1.21 educators, as recommended by the legislative coordinating 1.22 commission subcommittee on employee relations on June 24, 1998, 1.23 is ratified. 1.24 Subd. 3. [UNREPRESENTED EMPLOYEES; HIGHER EDUCATION 1.25 SERVICES OFFICE.] The plan for unrepresented, unclassified 1.26 employees of the higher education services office, as approved 1.27 by the legislative coordinating commission subcommittee on 1.28 employee relations on June 24, 1998, is ratified. 2.1 Subd. 4. [STATE UNIVERSITY FACULTY.] The labor agreement 2.2 between the state of Minnesota and the interfaculty 2.3 organization, as approved by the legislative coordinating 2.4 commission subcommittee on employee relations on November 24, 2.5 1998, is ratified. 2.6 Subd. 5. [NURSES.] The arbitration award and labor 2.7 agreement between the state of Minnesota and the Minnesota 2.8 nurses association, as recommended by the legislative 2.9 coordinating commission subcommittee on employee relations on 2.10 November 24, 1998, is ratified. 2.11 Subd. 6. [UNREPRESENTED MANAGERS; MINNESOTA STATE COLLEGES 2.12 AND UNIVERSITIES.] The compensation plan for administrators of 2.13 the Minnesota state colleges and universities, as modified and 2.14 approved by the legislative coordinating commission subcommittee 2.15 on employee relations on November 24, 1998, is ratified. 2.16 Subd. 7. [SALARIES FOR CERTAIN HEADS OF STATE 2.17 AGENCIES.] The proposals to increase the salaries of certain 2.18 heads of state agencies, as modified and approved by the 2.19 legislative coordinating commission subcommittee on employee 2.20 relations on November 24, 1998, are ratified. 2.21 Subd. 8. [CHANCELLOR; MINNESOTA STATE COLLEGES AND 2.22 UNIVERSITIES.] The salary proposal of the board of trustees of 2.23 the Minnesota state colleges and universities for the 2.24 chancellor, approved by the legislative coordinating commission 2.25 subcommittee on employee relations on November 24, 1998, is 2.26 ratified. 2.27 Sec. 2. Minnesota Statutes 1998, section 3.096, is amended 2.28 to read: 2.29 3.096 [TRANSFER OF LEAVE.] 2.30 An employee in the classified or unclassified service who 2.31 accepts a position as a permanent employee of the legislature 2.32 shall have accrued vacation
orand sick leave transferred and 2.33 placed to the employee's credit on the legislative records. A 2.34 permanent employee of the legislature who accepts a position in 2.35 the classified or unclassified service shall have accrued 2.36 vacation orand sick leave transferred and placed to the 3.1 employee's credit on the records of the new appointing 3.2 authority. Vacation and sick leave are not transferred if the 3.3 new position does not provide for such leave. The amount of 3.4 vacation and sick leave that can be transferred is subject to 3.5 any limitations imposed by the receiving agency's collective 3.6 bargaining agreement or compensation plan. 3.7 Sec. 3. Minnesota Statutes 1998, section 179.02, 3.8 subdivision 2, is amended to read: 3.9 Subd. 2. [SPECIAL MEDIATORS.] The commissioner may, from 3.10 time to time, appoint special mediators to aid in the settlement 3.11 of particular labor disputes or controversies who shall have the 3.12 same power and authority as the commissioner with respect to 3.13 such dispute and such appointment shall be for the duration only 3.14 of the particular dispute. Such special mediators shall be paid 3.15 a per diem allowance not to exceed that established for3.16 arbitrators in section 179A.16, subdivision 8as determined by 3.17 the commissioner, while so engaged and their necessary expenses. 3.18 Sec. 4. Minnesota Statutes 1998, section 179A.04, 3.19 subdivision 3, is amended to read: 3.20 Subd. 3. [OTHER DUTIES.] (a) The commissioner shall: 3.21 (1) provide mediation services as requested by the parties 3.22 until the parties reach agreement, and may continue to assist 3.23 parties after they have submitted their final positions for 3.24 interest arbitration; 3.25 (2) issue notices, subpoenas, and orders required by law to 3.26 carry out duties under sections 179A.01 to 179A.25; 3.27 (3) assist the parties in formulating petitions, notices, 3.28 and other papers required to be filed with the commissioner; 3.29 (4) conduct elections; 3.30 (5) certify the final results of any election or other 3.31 voting procedure conducted under sections 179A.01 to 179A.25; 3.32 (6) adopt rules relating to the administration of this 3.33 chapter and the conduct of hearings and elections; 3.34 (7) receive, catalogue, file, and make available to the 3.35 public all decisions of arbitrators and panels authorized by 3.36 sections 179A.01 to 179A.25, all grievance arbitration 4.1 decisions, and the commissioner's orders and decisions; 4.2 (8) adopt, subject to chapter 14, a grievance procedure 4.3 that fulfills the purposes of section 179A.20, subdivision 4, 4.4 does not provide for the services of the bureau of mediation 4.5 services and is available to any employee in a unit not covered 4.6 by a contractual grievance procedure; 4.7 (9) maintain a schedule of state employee classifications 4.8 or positions assigned to each unit established in section 4.9 179A.10, subdivision 2; 4.10 (10) collect fees established by rule for empanelment of 4.11 persons on the labor arbitrator roster maintained by the 4.12 commissioner or in conjunction with fair share fee challenges; 4.13 (11) provide technical support and assistance to voluntary 4.14 joint labor-management committees established for the purpose of 4.15 improving relationships between exclusive representatives and 4.16 employers, at the discretion of the commissioner; 4.17 (12) provide to the parties a list of arbitrators as 4.18 required by section 179A.16, subdivision 4; and 4.19 (13) maintain a list of up to 60 arbitrators for referral 4.20 to employers and exclusive representatives for the resolution of 4.21 grievance or interest disputes. Each person on the list must be 4.22 knowledgeable about collective bargaining and labor relations in 4.23 the public sector, well versed in state and federal labor law, 4.24 and experienced in and knowledgeable about labor arbitration. 4.25 To the extent practicable, the commissioner shall appoint 4.26 members to the list so that the list is gender and racially 4.27 diverse. 4.28 (b) From the names provided by representative 4.29 organizations, the commissioner shall maintain a list of 4.30 arbitrators to conduct teacher discharge or termination hearings 4.31 according to section 122A.40 or 122A.41. The persons on the 4.32 list must meet at least one of the following requirements: 4.33 (1) be a former or retired judge; 4.34 (2) be a qualified arbitrator on the list maintained by the 4.35 bureau; 4.36 (3) be a present, former, or retired administrative law 5.1 judge; or 5.2 (4) be a neutral individual who is learned in the law and 5.3 admitted to practice in Minnesota, who is qualified by 5.4 experience to conduct these hearings, and who is without bias to 5.5 either party. 5.6 Each year, theeducation Minnesota education association5.7 shall provide a list of sevenup to 14 names, the Minnesota5.8 federation of teachers a list of seven names,and the Minnesota 5.9 school boards association a list of up to 14 names of persons to 5.10 be on the list. The commissioner may adopt rules about 5.11 maintaining and updating the list. 5.12 Sec. 5. Minnesota Statutes 1998, section 179A.10, 5.13 subdivision 1, is amended to read: 5.14 Subdivision 1. [EXCLUSIONS.] The commissioner of employee 5.15 relations shall meet and negotiate with the exclusive 5.16 representative of each of the units specified in this section, 5.17 except as provided in section 43A.06, subdivision 1, paragraph 5.18 (c). The units provided in this section are the only 5.19 appropriate units for executive branch state employees. The 5.20 following employees shall be excluded from any appropriate unit: 5.21 (1) the positions and classes of positions in the 5.22 classified and unclassified services defined as managerial by 5.23 the commissioner of employee relations in accordance with 5.24 section 43A.18, subdivision 3, and so designated in the official 5.25 state compensation schedules; 5.26 (2) unclassified positions in the Minnesota state colleges 5.27 and universities defined as managerial by their respective5.28 boardsthe board of trustees; 5.29 (3) positions of physician employees compensated under 5.30 section 43A.17, subdivision 4; 5.31 (4) positions of all unclassified employees appointed by a 5.32 constitutional officer; 5.33 (5) positions in the bureau; 5.34 (6) positions of employees whose classification is pilot or 5.35 chief pilot; 5.36 (7) administrative law judge and compensation judge 6.1 positions in the office of administrative hearings; and 6.2 (8) positions of all confidential employees. 6.3 The governor may upon the unanimous written request of 6.4 exclusive representatives of units and the commissioner direct 6.5 that negotiations be conducted for one or more units in a common 6.6 proceeding or that supplemental negotiations be conducted for 6.7 portions of a unit or units defined on the basis of appointing 6.8 authority or geography. 6.9 Sec. 6. Minnesota Statutes 1998, section 179A.16, 6.10 subdivision 2, is amended to read: 6.11 Subd. 2. [ESSENTIAL EMPLOYEES.] An exclusive 6.12 representative or employer of a unit of essential employees may 6.13 petition for binding interest arbitration by filing a written 6.14 request with the other party and the commissioner. The written 6.15 request must specify the items which that party wishes to submit 6.16 to binding arbitration. Within 15 days of the request, the 6.17 commissioner shall determine whether further mediation of the 6.18 dispute would be appropriate and shall only certify matters to6.19 the boardfor arbitration in cases where the commissioner 6.20 believes that both parties have made substantial, good-faith 6.21 bargaining efforts and that an impasse has occurred. 6.22 Sec. 7. [EFFECTIVE DATE.] 6.23 Section 1 is effective the day following final enactment.