Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1794

as introduced - 89th Legislature (2015 - 2016) Posted on 10/01/2015 01:59pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17
1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34
3.1 3.2

A bill for an act
relating to state government; classifying certain data of the Public Employment
Relations Board; exempting the Public Employment Relations Board from the
open meetings law, in certain cases; amending Minnesota Statutes 2014, sections
13.43, subdivision 6; 13D.01, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 13.

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

Section 1.

Minnesota Statutes 2014, section 13.43, subdivision 6, is amended to read:


Subd. 6.

Access by labor organizationsnew text begin , the Bureau of Mediation Services,
and the Public Employment Relations Board
new text end .

Personnel data may be disseminated to
labor organizationsnew text begin and the Public Employment Relations Boardnew text end to the extent that the
responsible authority determines that the dissemination is 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 organizationsnew text begin , the Public
Employment Relations Board,
new text end and to the Bureau of Mediation Services to the extent the
dissemination is ordered or authorized by the commissioner of the Bureau of Mediation
Servicesnew text begin , or the Public Employment Relations Board or its designeenew text end .

Sec. 2.

new text begin [13.7909] PUBLIC EMPLOYMENT RELATIONS BOARD DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "board" means the Public
Employment Relations Board.
new text end

new text begin Subd. 2. new text end

new text begin Not public data. new text end

new text begin (a) Except as provided in this subdivision, all data
maintained by the board about a charge or complaint of unfair labor practices and
appeals of determinations of the commissioner under section 179A.12, subdivision 11,
are classified as protected nonpublic data or confidential data, and become public when
admitted into evidence at a hearing conducted pursuant to section 179A.13. The data may
be subject to a protective order as determined by the board or a hearing officer.
new text end

new text begin (b) Notwithstanding sections 13.43 and 181.932, the following data are public:
new text end

new text begin (1) the filing date of unfair labor practice charges;
new text end

new text begin (2) the status of unfair labor practice charges as an original or amended charge;
new text end

new text begin (3) the names and job classifications of charging parties and charged parties;
new text end

new text begin (4) the provisions of law alleged to have been violated in unfair labor practice charges;
new text end

new text begin (5) the complaint issued by the board and all data in the complaint;
new text end

new text begin (6) the full and complete record of an evidentiary hearing before a hearing officer,
including the hearing transcript, exhibits admitted into evidence, and posthearing briefs,
unless subject to a protective order;
new text end

new text begin (7) recommended decisions and orders of hearing officers pursuant to section
179A.13, subdivision 1, paragraph (i);
new text end

new text begin (8) exceptions to the hearing officer's recommended decision and order filed with the
board pursuant to section 179A.13, subdivision 1, paragraph (k);
new text end

new text begin (9) briefs filed with the board; and
new text end

new text begin (10) decisions and orders issued by the board.
new text end

new text begin (c) Notwithstanding paragraph (a), individuals have access to their own statements
provided to the board under paragraph (a).
new text end

new text begin (d) The board may make any data classified as protected nonpublic or confidential
pursuant to this subdivision accessible to any person or party if the access will aid the
implementation of chapters 179 and 179A or ensure due process protection of the parties.
new text end

Sec. 3.

Minnesota Statutes 2014, section 13D.01, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

This chapter does not applynew text begin :
new text end

(1) to meetings of the commissioner of corrections;

(2) to a state agency, board, or commission when it is exercising quasi-judicial
functions involving disciplinary proceedings;

new text begin (3) to meetings of the Public Employment Relations Board when it is deliberating on
the merits of unfair labor practice charges under sections 179.11, 179.12, and 179A.13;
reviewing a recommended decision and order of a hearing officer under section 179A.13;
reviewing decisions of the commissioner of the Bureau of Mediation Services relating
to unfair labor practices under section 179A.12, subdivision 11; or exercising its hiring
authority under section 179A.041;
new text end or

deleted text begin (3)deleted text end new text begin (4)new text end as otherwise expressly provided by statute.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective July 1, 2015.
new text end