SF 2078

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 11:46am

A bill for an act
relating to public employment; providing that certain contract terms do not
continue in effect after expiration of a collective bargaining agreement;
forbidding certain retroactive provisions; amending Minnesota Statutes 2010,
section 179A.20, subdivision 6, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 179A.20, subdivision 6, is amended to
read:

Subd. 6.

Contract in effect.

During the period after contract expiration and prior to
the date when the right to strike matures, and for additional time if the parties agree, the
terms of an existing contract shall continue in effect and shall be enforceable upon both
parties new text begin , except as provided in paragraph (b) new text end .

new text begin (b) A contract term does not continue in effect and is not enforceable after the
expiration date stated in the contract, and the parties may not agree to extend or honor a
contract term beyond the expiration date of the contract if the contract term would:
new text end

new text begin (1) provide a wage or salary increase to an employee, including but not limited to
an increase based on cost of living, longevity, education or training, or performance or
merit; or
new text end

new text begin (2) provide an increase in the dollar amount of an employer contribution for
insurance benefits above the amount paid under the expired contract.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
For a collective bargaining agreement that expired before the effective date of this section,
the requirements of this section apply to limit wages and benefits to the levels and amounts
in effect on the effective date of this section.
new text end

Sec. 2.

Minnesota Statutes 2010, section 179A.20, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Retroactivity prohibited. new text end

new text begin An employer may not enter into a contract, and
an arbitrator may not issue an interest arbitration award, that would retroactively provide a
wage or salary increase or retroactively provide an increase in the dollar amount of an
employer contribution for benefits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end