SF 1829

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public employment; including public safety
radio communications operators in the definition of
essential employee; creating the public safety radio
communications operator unit; providing for transition
to the new unit; amending Minnesota Statutes 2004,
sections 179A.03, subdivision 7; 179A.10, subdivision
2.

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

Section 1.

Minnesota Statutes 2004, section 179A.03,
subdivision 7, is amended to read:

Subd. 7.

Essential employee.

"Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.863, 911 system and police and fire department
public safety dispatchers, guards at correctional facilities,
confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, and assistant
principals. However, for state employees, "essential employee"
means all employees in law enforcement, new text begin public safety radio
communications operators, new text end health care professionals,
correctional guards, professional engineering, and supervisory
collective bargaining units, irrespective of severance, and no
other employees. For University of Minnesota employees,
"essential employee" means all employees in law enforcement,
nursing professional and supervisory units, irrespective of
severance, and no other employees. "Firefighters" means
salaried employees of a fire department whose duties include,
directly or indirectly, controlling, extinguishing, preventing,
detecting, or investigating fires. Employees for whom the state
court administrator is the negotiating employer are not
essential employees.

Sec. 2.

Minnesota Statutes 2004, section 179A.10,
subdivision 2, is amended to read:

Subd. 2.

State employees.

Unclassified employees, unless
otherwise excluded, are included within the units which include
the classifications to which they are assigned for purposes of
compensation. Supervisory employees shall only be assigned to
units 12 and 16. The following are the appropriate units of
executive branch state employees:

(1) law enforcement unit;

(2) craft, maintenance, and labor unit;

(3) service unit;

(4) health care nonprofessional unit;

(5) health care professional unit;

(6) clerical and office unit;

(7) technical unit;

(8) correctional guards unit;

(9) state university instructional unit;

(10) state college instructional unit;

(11) state university administrative unit;

(12) professional engineering unit;

(13) health treatment unit;

(14) general professional unit;

(15) professional state residential instructional unit; deleted text begin and
deleted text end

(16) supervisory employees unit new text begin ; and
new text end

new text begin (17) public safety radio communications operator unit new text end .

Each unit consists of the classifications or positions
assigned to it in the schedule of state employee job
classification and positions maintained by the commissioner.
The commissioner may only make changes in the schedule in
existence on the day prior to August 1, 1984, as required by law
or as provided in subdivision 4.

Sec. 3. new text begin TRANSITION.
new text end

new text begin Subdivision 1. new text end

new text begin Assignment of job classification to unit.
new text end

new text begin The commissioner of the bureau of mediation services shall
assign the job classifications and positions of employees
working as public safety radio communications operators to state
employee bargaining unit 17.
new text end

new text begin Subd. 2. new text end

new text begin Terms and conditions of employment. new text end

new text begin The terms
and conditions of the collective bargaining agreement, memoranda
of understanding, or other salary and benefit provisions
covering public safety radio communications operators
immediately before the effective date of this section remain in
effect until a successor agreement between the commissioner of
employee relations and the exclusive representative of
bargaining unit 17 becomes effective, subject to Minnesota
Statutes, section 179A.20, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Exclusive representative. new text end

new text begin The employee
organization that is the exclusive representative of employees
assigned to bargaining unit 17 on the day before the effective
date of this section must be certified by the commissioner of
the Bureau of Mediation Services as the exclusive representative
of newly created bargaining unit 17, subject to future changes
as provided in Minnesota Statutes, section 179A.12. For
employees assigned to bargaining unit 17, the exclusive
representative retains all rights and obligations under the
contract governing these employees immediately before the
effective date of this section, so long as that contract
continues to apply to those employees.
new text end

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

new text begin Sections 1 to 3 are effective July 1, 2005.
new text end