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SF 1755

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/30/2012 09:16am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to state government; authorizing certain negotiations to avoid layoffs;
1.3amending Minnesota Statutes 2010, sections 13.7908, subdivision 2; 179.22, by
1.4adding a subdivision; 179A.22, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2010, section 13.7908, subdivision 2, is amended to read:
1.7    Subd. 2. Mediation data. (a) Data received or maintained by the staff or
1.8commissioner of the Bureau of Mediation Services during the course of providing
1.9mediation services to the parties to a labor dispute under chapter 179 are classified as
1.10protected nonpublic data or confidential data on individuals, except to the extent the
1.11commissioner of the Bureau of Mediation Services determines access to data is necessary
1.12to fulfill the requirements of section 179A.16 or to identify the general nature of or parties
1.13to a labor dispute.
1.14(b) Notwithstanding paragraph (a), an offer by the commissioner of management
1.15and budget to resolve issues related to a proposed collective bargaining agreement with a
1.16state bargaining unit is public data once that offer is made available by an exclusive
1.17representative to its members.
1.18EFFECTIVE DATE.This section is effective the day following final enactment,
1.19and applies to offers made on or after July 1, 2011.

1.20    Sec. 2. Minnesota Statutes 2010, section 179.22, is amended by adding a subdivision
1.21to read:
1.22    Subd. 5. Memorandum of understanding. The commissioner of management
1.23and budget must, at least five days prior to executing a memorandum of understanding
2.1in which the terms apply to more than one bargaining unit defined in section 179A.10,
2.2subdivision 2, submit that memorandum to the chair and director of the Legislative
2.3Coordinating Commission, or to the chair and director of a subcommittee created by
2.4the Legislative Coordinating Commission to carry out the duties under section 3.855.
2.5The director must provide the memorandum to each member of the commission or
2.6subcommittee. The chair, after consulting the members, may provide comments to the
2.7commissioner regarding the memorandum.

2.8    Sec. 3. Minnesota Statutes 2010, section 179A.22, is amended by adding a subdivision
2.9to read:
2.10    Subd. 5. Unpaid leave to avoid layoffs. If the commissioner of management
2.11and budget determines that layoffs of executive branch employees may be required,
2.12the commissioner may request exclusive representatives to negotiate amendments to
2.13collective bargaining agreements that would allow appointing authorities to implement
2.14unpaid leave and reductions in hours, instead of imposing layoffs.

2.15    Sec. 4. MANAGEMENT PROPOSALS.
2.16Notwithstanding Minnesota Statutes, section 13.7908, subdivision 2, or other
2.17law to the contrary, during the biennium ending June 30, 2013, the commissioner of
2.18management and budget must provide copies of its management proposals related to
2.19collective bargaining with state bargaining units to the chair and director of the Legislative
2.20Coordinating Commission Subcommittee on Employee Relations. The director must share
2.21these proposals with the other members of the subcommittee, and with the staff assigned
2.22to the subcommittee. If the management proposals are considered by the commissioner to
2.23be nonpublic data, the commissioner must provide the proposals and notify the director
2.24that the commissioner considers them to be nonpublic, and the chair, the members, and
2.25the staff must also treat the proposals in the same manner.
2.26EFFECTIVE DATE.This section is effective the day following final enactment,
2.27and applies to offers made on or after July 1, 2011.