SF 2293

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 08:18am

A bill for an act
relating to labor relations; modifying public labor relations; amending Minnesota
Statutes 2020, sections 13.43, subdivision 6; 179A.06, subdivision 6, by adding a
subdivision; 179A.07, by adding subdivisions; 572B.17.

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

Section 1.

Minnesota Statutes 2020, section 13.43, subdivision 6, is amended to read:

Subd. 6.

Access by labor organizations.

new text begin (a) new text end Personnel data may be disseminated to
labor organizations to the extent that the responsible authority determines that the
dissemination is necessary to conduct elections, notify employees of fair share fee
assessments, and implement the provisions of chapters 179 and 179A. Personnel data shall
be disseminated to labor organizations and to the Bureau of Mediation Services to the extent
the dissemination is ordered or authorized by the commissioner of the Bureau of Mediation
Services. new text begin Personnel data described under section 179A.07, subdivisions 8 and 9, must be
disseminated to an exclusive representative under the terms of those subdivisions.
new text end

new text begin (b) The home addresses, phone numbers, e-mail addresses, dates of birth, negotiation
units and groupings of employees, and e-mails or other communications between employee
organizations and their members, prospective members, and nonmembers, are private data
on individuals.
new text end

Sec. 2.

Minnesota Statutes 2020, section 179A.06, subdivision 6, is amended to read:

Subd. 6.

Dues checkoff new text begin , deduction, and authorization new text end .

new text begin (a) new text end Public employees have the
right to request and be allowed dues checkoff for the exclusive representative. In the absence
of an exclusive representative, public employees have the right to request and be allowed
dues checkoff for the organization of their choice.

new text begin (b) Employees of a public employer have the right to authorize deductions, in the manner
described in section 179A.07, subdivision 10, from their salaries or wages from a public
employer for the payment of dues in, or for services from, any organization with membership
consisting, in whole or in part, of public employees of the public employer.
new text end

new text begin (c) An authorization by a public employee under this section remains in effect until the
public employee changes or cancels the authorization in a manner specified in the original
authorizing document and the change or cancellation is communicated to the public employer
pursuant to section 179A.07, subdivision 10.
new text end

new text begin (d) Any request to cancel or change deductions under this subdivision must be made to
the employee organization.
new text end

new text begin (e) A public employee's deduction authorization under this section is independent from
the employee's membership status in the organization to which payment is remitted and is
effective regardless of whether a collective bargaining agreement authorizes the deduction.
new text end

Sec. 3.

Minnesota Statutes 2020, section 179A.06, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Liability. new text end

new text begin (a) A public employer, a labor organization, or any of its employees
or agents, shall not be liable for and shall have a complete defense to claims or actions under
the laws of this state for requiring, deducting, receiving, or retaining agency or fair share
fees from public employees, and current or former public employees shall not have standing
to pursue these claims or actions if the fees were permitted at the time under the laws of
this state then in force and paid, through payroll deduction or otherwise, prior to June 27,
2018.
new text end

new text begin (b) This subdivision applies to claims and actions pending on its effective date and to
claims and actions filed on or after that date.
new text end

new text begin (c) The enactment of this subdivision shall not be interpreted to create the inference that
any relief made unavailable by this section would otherwise be available.
new text end

new text begin (d) The legislature finds and declares:
new text end

new text begin (1) application of this subdivision to pending claims and actions clarifies existing state
law rather than changes it. Public employees who paid agency or fair share fees as a condition
of public employment according to state law and supreme court precedent prior to June 27,
2018, had no legitimate expectation of receiving the money under any available cause of
action. Public employers and employee organizations who relied on and abided by state
law and supreme court precedent in deducting and accepting those fees were not liable to
refund them or any agency or fair share fees paid for collective bargaining representation
that employee organizations were obligated by state law to provide to public employees.
Application of this subdivision to pending claims will preserve, rather than interfere with,
important reliance interests; and
new text end

new text begin (2) this subdivision is necessary to provide certainty to public employers and employee
organizations that relied on state law and to avoid disruption of public employee labor
relations.
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

Sec. 4.

Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Member data and access. new text end

new text begin (a) A public employer must provide access to the
following to an exclusive representative with respect to members in the represented
bargaining unit:
new text end

new text begin (1) the right to meet with bargaining unit members on the premises of the public employer
during the work day to investigate and discuss grievances and other workplace issues;
new text end

new text begin (2) the right to conduct worksite meetings on the public employer's premises during
lunch and other breaks or before and after the workday, to discuss workplace issues, collective
negotiations, the administration of collective negotiations agreements, other matters related
to the duties of an exclusive representative employee organization, and internal union matters
involving the governance or business of the exclusive representative employee organization;
new text end

new text begin (3) the right to meet with newly hired employees without charge to the pay or leave time
of the employees for a minimum of 30 minutes within 30 calendar days from the date of
hire during new employee orientation or, if the employer does not conduct new employee
orientation, at an individual or group meeting; and
new text end

new text begin (4) the right for an exclusive representative employee organization to use the e-mail
systems of public employers to communicate with negotiations unit members regarding
collective negotiations, the administration of collective negotiations agreements, the
investigation of grievances, other workplace-related complaints and issues, and internal
union matters involving the governance or business of the union.
new text end

new text begin (b) Exclusive representative employee organizations shall have the right to use
government buildings and other facilities that are owned or leased by government entities
to conduct meetings with their unit members regarding collective negotiations, the
administration of collective negotiations agreements, the investigation of grievances, other
workplace-related complaints and issues, and internal union matters involving the governance
or business of the union, provided the use does not interfere with governmental operations.
Meetings conducted in government buildings pursuant to this section shall not be for the
purpose of supporting or opposing any candidate for partisan political office or for the
purpose of distributing literature or information regarding partisan elections. An exclusive
representative employee organization conducting a meeting in a government building or
other government facility pursuant to this section may be charged for maintenance, security,
and other costs related to the use of the government building or facility that would not
otherwise be incurred by the government entity.
new text end

Sec. 5.

Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Bargaining unit information. new text end

new text begin Within ten calendar days from the date of hire
of negotiations unit employees, a public employer shall provide the following contact
information to an exclusive representative employee organization in an Excel file format
or other format agreed to by the exclusive representative employee organization: name; job
title; worksite location; home address; work, home, and personal cellular telephone numbers;
date of hire; and work e-mail address and any personal e-mail address on file with the public
employer. Every 120 calendar days beginning on January 1 following the effective date of
this act, public employers shall provide exclusive representative employee organizations,
in an Excel file format or similar format agreed to by the employee organization, the
following information for all negotiations unit employees: name; job title; worksite location;
home address; work, home, and personal cellular telephone numbers; date of hire; and work
e-mail address and personal e-mail address on file with the public employer.
new text end

Sec. 6.

Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Deduction and authorization. new text end

new text begin (a) A public employer must administer payroll
deductions authorized by public employees under section 179A.06, subdivision 6, as follows:
new text end

new text begin (1) a public employer must rely on a certification from any employee organization
requesting remittance of a deduction that the organization has and will maintain an
authorization, signed by the public employee from whose salary or wages the deduction is
to be made. An employee organization making such certification must not be required to
provide the public employer a copy of the authorization unless a dispute arises about the
existence or terms of the authorization. The employee organization must indemnify the
public employer for any successful claims made by the employee for unauthorized deductions
in reliance on the certification. The signature required under this subdivision is sufficient
if it satisfies the requirements of chapter 325L; and
new text end

new text begin (2) a public employer must not change or cancel any deductions under this subdivision
upon request from an individual public employee. Deductions must only be changed or
canceled under the terms of original authorizing document and a public employer must rely
on information from the employee organization receiving remittance of the deduction
regarding whether the deductions have been properly changed or canceled. The employee
organization must indemnify the public employer for any successful claims made by the
employee for unauthorized deductions made in reliance on such information.
new text end

new text begin (b) Any dispute regarding the existence, validity, cancellation, or a change in an
authorization under this subdivision must be resolved through an unfair labor practice
proceeding under section 179A.13.
new text end

Sec. 7.

Minnesota Statutes 2020, section 572B.17, is amended to read:

572B.17 WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and, upon
motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the
manner for enforcement of subpoenas in a civil action.

(b) On request of a party to or a witness in an arbitration proceeding, an arbitrator may
permit a deposition of any witness to provide testimony at the arbitration hearing, including
a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under
conditions determined by the arbitrator for use as evidence in order to make the proceeding
fair, expeditious, and cost-effective.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in
the circumstances, taking into account the needs of the parties to the arbitration proceeding
and other affected persons and the desirability of making the proceeding fair, expeditious,
and cost-effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a
party to the arbitration proceeding to comply with the arbitrator's discovery-related orders,
including the issuance of a subpoena for the attendance of a witness and for the production
of records and other evidence at a discovery proceeding, and may take action against a party
to the arbitration proceeding who does not comply to the extent permitted by law as if the
controversy were the subject of a civil action in this state.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets, new text begin data classified as nonpublic or private
pursuant to chapter 13, new text end and other information protected from disclosure as if the controversy
were the subject of a civil action in this state.

(f) All laws compelling a person under subpoena to testify and all fees for attending a
judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an
arbitration proceeding as if the controversy were the subject of a civil action under the laws
and rules of civil procedure of this state.

(g) The court may enforce a subpoena or discovery-related order for the attendance of
a witness within this state and for the production of records and other evidence issued by
an arbitrator in connection with an arbitration proceeding in another state upon conditions
determined by the court in order to make the arbitration proceeding fair, expeditious, and
cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served
in the manner provided by law for service of subpoenas in a civil action in this state and,
upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced
in the manner provided by law for enforcement of subpoenas in a civil action in this state.