SF 1939

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

A bill for an act
relating to labor; prohibiting certain recipients of public funds from using those
funds to influence employee activities; providing penalties; proposing coding for
new law in Minnesota Statutes, chapter 179.

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

Section 1.

new text begin [179.78] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 179.78 to 179.785, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Employee influence activity. new text end

new text begin (a) "Employee influence activity" means any
activity, effort, or attempt by a publicly funded employer:
new text end

new text begin (1) to influence its employees regarding their decisions about whether to support
or oppose a labor organization that represents or seeks to represent those employees or
whether to become a member of any labor organization;
new text end

new text begin (2) to encourage or discourage any employee from joining or refraining from
joining a labor organization or from participating or refraining from participating in any
activities in support thereof; or
new text end

new text begin (3) to encourage or discourage any employee from participating in or refraining
from participating in any effort by a labor organization or any other form of employee
self-organization or any activity in which an employee participates for the purpose of
mutual aid or protection.
new text end

new text begin (b) "Employee influence activity" includes:
new text end

new text begin (1) conducting meetings during working hours if any such meetings are conducted
for the purpose of or in connection with any action to carry out the purposes of paragraph
(a), clauses (1) to (3);
new text end

new text begin (2) training managers, supervisors, or other personnel regarding methods or
techniques of or related to carrying out the purposes of paragraph (a), clauses (1) to (3); and
new text end

new text begin (3) hiring, retaining, paying the salary or any other compensation to, or defraying
any expenses of any individual, corporation, unincorporated association, partnership,
firm, consultancy, or other entity, or any individual acting for or on behalf of same, for
performing research, planning, advising, preparing, coordinating, carrying out, or engaging
in activities related to carrying out the purposes of paragraph (a), clauses (1) to (3).
new text end

new text begin Subd. 3. new text end

new text begin Employee. new text end

new text begin "Employee" means any individual:
new text end

new text begin (1) employed by a publicly funded employer, including but not limited to any
individual engaged in performing work, providing services, or fulfilling contracts that are,
in whole or in part, directly or indirectly, paid for, financed, derived, or subsidized by,
with, or from public funds; and
new text end

new text begin (2) any individual employed by any employer in connection with such work.
new text end

new text begin Subd. 4. new text end

new text begin State. new text end

new text begin "State" includes the state of Minnesota and any agency, office,
officer, department, division, board, commission, authority, instrumentality, or political
subdivision thereof; any corporation, entity, or body created by state law; and any
individual designated by or with authority to act for the state or any of its subordinate units
or political subdivisions.
new text end

new text begin Subd. 5. new text end

new text begin Attorney general. new text end

new text begin "Attorney general" means the attorney general of
the state.
new text end

new text begin Subd. 6. new text end

new text begin Employer. new text end

new text begin "Employer" means any individual, corporation, unincorporated
association, partnership, institution, trustee, trustee in bankruptcy, receiver, government
agency or body, or other legal entity or association other than the state, that employs at
least one person in the state or any director, officer, or managerial employee acting as an
agent for such individual, corporation, unincorporated association, partnership, institution,
trustee, trustee in bankruptcy, receiver, government agency or body, or other legal entity
or association other than the state, that employs at least one person in the state. This
definition includes contractors, subcontractors, grantees, and subgrantees of employers.
new text end

new text begin Subd. 7. new text end

new text begin Publicly funded employer. new text end

new text begin "Publicly funded employer" means the state
or any employer that receives public funds in excess of $....... per year in any of the
immediately preceding five years whether such funds are received through payment,
grant, allocation, reimbursement, or subsidy.
new text end

new text begin Subd. 8. new text end

new text begin Public funds. new text end

new text begin "Public funds" means the revenues of the state from
whatever source derived and any money drawn from the accounts or treasury or any special
fund or trust fund of the state or any of its subordinate units and political subdivisions,
insofar as such funds are appropriated, expended, paid over, granted, allocated,
reimbursed, transferred, or contributed to any other person or entity for the purpose of
supplying services to the state, for the performance of public works pursuant to the state or
its citizens, or for or in connection with the performance of any contract with the state.
new text end

Sec. 2.

new text begin [179.781] PROHIBITED ACTIVITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Employer activities. new text end

new text begin Publicly funded employers shall not engage
in employee influence activity for which public money is used, directly or indirectly, to
pay any cost or expense, or for which any cost or expense is defrayed or reimbursed
from public funds.
new text end

new text begin Subd. 2. new text end

new text begin State activities. new text end

new text begin The state shall not engage in any employee influence
activity nor shall the state appropriate, pay, grant, or transfer public funds or, with public
funds, reimburse a publicly funded employer for costs or expenditures arising from or in
connection with any employee influence activity.
new text end

new text begin Subd. 3. new text end

new text begin Expression of views. new text end

new text begin Nothing in this section shall be interpreted to limit
the right of a publicly funded employer to express any views to its employees or others, or
to engage in any otherwise lawful employee influence activity, as long as such expression
is made or action conducted without utilizing public funds.
new text end

Sec. 3.

new text begin [179.782] CERTIFICATION.
new text end

new text begin As a condition of receiving public funds, a publicly funded employer other than the
state shall certify to the state that it will not engage in employee influence activity for which
public money is used, directly or indirectly, to pay any cost or expense or for which any
cost or expense is defrayed or reimbursed from public funds. A publicly funded employer
must certify that it will comply with all the requirements of this section. Certification is
required in requests for reimbursements from public funds, requests to participate in state
programs, bid proposal submissions, grant request applications, and service contracts.
new text end

Sec. 4.

new text begin [179.783] RECORD KEEPING.
new text end

new text begin A state contractor, grant recipient, or program participant that incurs costs or
expenses related to employee influence activities shall maintain records sufficient to show
that public funds have not been used and are not being sought for the purpose of engaging
in employee influence activities. These records shall be provided to the attorney general
upon request, within ten days of a request.
new text end

Sec. 5.

new text begin [179.784] EXCEPTIONS.
new text end

new text begin The provisions of this section shall not apply when the state or publicly funded
employer is:
new text end

new text begin (1) performing an activity required by federal or state law or by a collective
bargaining agreement;
new text end

new text begin (2) addressing a grievance or entering into, negotiating, or administering a collective
bargaining agreement or other agreement with a labor organization;
new text end

new text begin (3) using bulletin boards, e-mail, or other facilities normally used for communication
with or by employees, by any employee, labor organization, groups of employees, or bona
fide employee organization, for discussion of issues related to unionization or collective
bargaining if any applicable law or collectively bargaining agreement permits or requires a
publicly funded employer to allow such use; or
new text end

new text begin (4) using or accessing facilities or property by any employee, labor organization,
groups of employees, or bona fide employee organization if any applicable law or
collective bargaining agreement permits or requires a publicly funded employer to allow
such use or access.
new text end

Sec. 6.

new text begin [179.785] ENFORCEMENT AND ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Labor and Industry. new text end

new text begin Any citizen or taxpayer of the
state who complains that a publicly funded employer is using or has used public funds
for employee influence activities may request the Department of Labor and Industry
to investigate the matter. The Department of Labor and Industry shall commence an
investigation if there is reasonable cause to believe a violation has occurred or is likely to
occur and shall issue a report within 90 days.
new text end

new text begin Subd. 2. new text end

new text begin Attorney general. new text end

new text begin A civil action for a violation of this section may be
brought by the attorney general, on behalf of the people of the state, for injunctive relief,
damages, civil penalties, and other appropriate equitable relief.
new text end

new text begin Subd. 3. new text end

new text begin Individual. new text end

new text begin A citizen or taxpayer may bring an action following
notification to the attorney general. If, at any time after the citizen or taxpayer has
commenced an action, the attorney general commences an action with regard to the same
matter, the suit by the citizen or taxpayer shall be held in abeyance. The court may, in its
discretion and for the assistance of the court, permit any citizen or taxpayer to intervene
and participate in any proceedings connected with the action of the attorney general. If the
attorney general subsequently declines to proceed with its action, the citizen or taxpayer
action shall be reopened and proceed. If the action of the attorney general is dismissed
by the court or resolved by settlement between the parties, the citizen or taxpayer action
shall be dismissed or otherwise resolved as provided in the settlement to the extent that the
actions arise out of the same alleged violations.
new text end

new text begin Subd. 4. new text end

new text begin Cease and desist. new text end

new text begin The court shall order a publicly funded employer other
than the state to cease and desist from such action and to reimburse the state in the amount
of any prohibited expenditures plus interest and damages. The court shall provide other
relief, legal and equitable, as is just and appropriate, including, when the action was
commenced by a citizen or taxpayer, reasonable costs and attorney fees. Whenever a
citizen or taxpayer action is superseded by an action brought by the attorney general that
results in a finding of a violation of this section, the citizen or taxpayer may recover
reasonable costs and attorney fees incurred prior to the initiation of the action of the
attorney general.
new text end

new text begin Subd. 5. new text end

new text begin Presumption. new text end

new text begin In any action under this section, it shall be presumed that
public funds were used for any costs or expenditures in connection with any employee
influence activity unless the publicly funded employer establishes by a preponderance
of the evidence that, prior to engaging in such activity, the publicly funded employer
made reasonable efforts to segregate its public funds from other revenue sources, and
that any costs or expenditures associated with such employee influence activity were
entirely defrayed from revenues other than any public funds of which the publicly funded
employer is a recipient, grantee, payee, or beneficiary. If public funds and other funds
are commingled, any costs incurred or expenses related to employee influence activities
shall be presumed to derive pro rata from public funds.
new text end

new text begin Subd. 6. new text end

new text begin Damages and penalties. new text end

new text begin All damages and civil penalties collected shall be
deposited in the general fund in the state treasury.
new text end