SF 1972

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; modifying the employment 
  1.3             status of teachers and public school bus drivers; 
  1.4             amending Minnesota Statutes 1994, section 179A.18, 
  1.5             subdivision 3; Minnesota Statutes 1995 Supplement, 
  1.6             section 179A.03, subdivision 7; repealing Minnesota 
  1.7             Statutes 1994, section 179A.18, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.10  179A.03, subdivision 7, is amended to read: 
  1.11     Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
  1.12  firefighters, peace officers subject to licensure under sections 
  1.13  626.84 to 626.855, guards at correctional facilities, 
  1.14  confidential employees, supervisory employees, assistant county 
  1.15  attorneys, principals, and assistant principals, teachers, and 
  1.16  public school bus drivers.  However, for state employees, 
  1.17  "essential employee" means all employees in law enforcement, 
  1.18  health care professionals, correctional guards, professional 
  1.19  engineering, and supervisory collective bargaining units, 
  1.20  irrespective of severance, and no other employees.  For 
  1.21  University of Minnesota employees, "essential employee" means 
  1.22  all employees in law enforcement, nursing professional and 
  1.23  supervisory units, irrespective of severance, and no other 
  1.24  employees.  "Firefighters" means salaried employees of a fire 
  1.25  department whose duties include, directly or indirectly, 
  1.26  controlling, extinguishing, preventing, detecting, or 
  2.1   investigating fires. 
  2.2      Sec. 2.  Minnesota Statutes 1994, section 179A.18, 
  2.3   subdivision 3, is amended to read: 
  2.4      Subd. 3.  [NOTICE.] In addition to the other requirements 
  2.5   of this section, no employee may strike unless written 
  2.6   notification of intent to strike is served on the employer and 
  2.7   the commissioner by the exclusive representative at least ten 
  2.8   days prior to the commencement of the strike.  For all employees 
  2.9   other than teachers, If more than 30 days have expired after 
  2.10  service of a notification of intent to strike, no strike may 
  2.11  commence until ten days after service of a new written 
  2.12  notification.  For teachers, no strike may commence more than 25 
  2.13  days after service of notification of intent to strike unless, 
  2.14  before the end of the 25-day period, the exclusive 
  2.15  representative and the employer agree that the period during 
  2.16  which a strike may commence shall be extended for an additional 
  2.17  period not to exceed five days.  Teachers are limited to one 
  2.18  notice of intent to strike for each contract negotiation period, 
  2.19  provided, however, that a strike notice may be renewed for an 
  2.20  additional ten days, the first five of which shall be a notice 
  2.21  period during which no strike may occur, if the following 
  2.22  conditions have been satisfied: 
  2.23     (1) an original notice was provided pursuant to this 
  2.24  section; and 
  2.25     (2) a tentative agreement to resolve the dispute was 
  2.26  reached during the original strike notice period; and 
  2.27     (3) such tentative agreement was rejected by either party 
  2.28  during or after the original strike notice period. 
  2.29     The first day of the renewed strike notice period shall 
  2.30  commence on the day following the expiration of the previous 
  2.31  strike notice period or the day following the rejection of the 
  2.32  tentative agreement, whichever is later.  Notification of intent 
  2.33  to strike under subdivisions 1, clause (1); and 2, clause (1), 
  2.34  may not be served until the collective bargaining agreement has 
  2.35  expired, or if there is no agreement, on or after the date 
  2.36  impasse under section 179A.17 has occurred.  
  3.1      Sec. 3.  [APPLICABILITY.] 
  3.2      Sections 1, 2, and 4 supersede inconsistent provisions in 
  3.3   the public employment labor relations act, collective bargaining 
  3.4   agreements, or other law. 
  3.5      Sec. 4.  [REPEALER.] 
  3.6      Minnesota Statutes 1994, section 179A.18, subdivision 2, is 
  3.7   repealed. 
  3.8      Sec. 5.  [EFFECTIVE DATE.] 
  3.9      Sections 1 to 4 are effective the day following final 
  3.10  enactment.