SF 1885

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public employment; providing for offers of settlement prior to
arbitration; providing for the assessment of costs in certain cases; amending
Minnesota Statutes 2006, section 179A.21, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 179A.21, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Offer of settlement. new text end

new text begin At any time prior to ten days before a grievance
arbitration hearing begins, the employer or union may make a written offer of settlement
of the grievance. Acceptance of the offer shall be made by delivery of a written notice
of acceptance within ten days after receipt of the offer. If an offer made under this
section is not accepted within the ten-day period, it is deemed withdrawn. During the
ten-day period the offer is irrevocable. Notwithstanding any provision in the collective
bargaining agreement between the parties regarding the payment of costs associated
with the arbitration hearing, if the final award of the arbitrator is not more favorable
to the offeree than the offer, the offeree must pay the full amount of the arbitrator's
fees and the offeror's costs and disbursements, including reasonable attorney fees. The
fact that an offer is made but not accepted does not preclude a subsequent offer. An
offer not accepted is not admissible in the arbitration hearing regarding the grievance or
in any other forum, except in a subsequent proceeding regarding postaward disputes
arising from the application of the provisions of this subdivision. Disputes arising under
this subdivision regarding whether an offer is more favorable than the final award or
the amount of costs and disbursements payable may be submitted by either party to
the arbitrator rendering the award on the merits of the grievance or to another neutral
arbitrator if that arbitrator is not available. This subdivision applies only to grievances
regarding peace officers, as defined by section 626.84, subdivision 1(c), and firefighters,
as defined by section 179A.03, subdivision 7, but does not apply to interest arbitration
cases conducted under section 179A.16.
new text end