1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to labor relations; modifying provisions 1.3 regarding mandatory arbitration for charitable 1.4 hospital employers and employees; amending Minnesota 1.5 Statutes 1994, section 179.38. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1994, section 179.38, is 1.8 amended to read: 1.9 179.38 [ARBITRATION MANDATORY.] 1.10 In the event of the existence of any labor dispute which 1.11 cannot be settled by negotiation between the charitable hospital 1.12 employers and their employees, either such employers or 1.13 employees may petition and avail themselves of the provisions of 1.14 sections 179.01 to 179.17, insofar as sections are not 1.15 inconsistent with the provisions of sections 179.35 to 179.39. 1.16 If such dispute is not settled within ten days after submission 1.17 to mediation, any unsettled issue
of maximum hours of work,1.18 minimum hourly wage ratesconcerning terms and conditions of 1.19 employment, and other conditions of employment concerning union 1.20 security shall, upon service of written notice by either party 1.21 upon the other party and the commissioner, be submitted to the 1.22 determination of a board of arbitrators whose determination 1.23 shall be final and binding upon the parties. For public 1.24 employers, "terms and conditions of employment" has the meaning 1.25 given it in section 179A.03, subdivision 19. The board of 2.1 arbitrators shall be selected and proceed in the following 2.2 manner, unless otherwise agreed between the parties: the 2.3 employers shall appoint one arbitrator, the employees shall 2.4 appoint one arbitrator, and the two arbitrators so chosen shall 2.5 appoint a third arbitrator who shall act as chair and who shall 2.6 receive reasonable compensation for the work; but if said 2.7 arbitrators are unable to agree upon the appointment of such 2.8 third arbitrator within five days after submission to 2.9 arbitration, the commissioner shall submit five names to the 2.10 parties and the parties shall select the third arbitrator, who 2.11 shall act as chair, from the five submitted by the 2.12 commissioner. The selection of the third arbitrator shall be by 2.13 the process of elimination, with the parties taking turns at 2.14 striking names from the list of five submitted by the 2.15 commissioner, until only one name remains. If the parties are 2.16 unable to agree with respect to which party shall take the first 2.17 turn for the purpose of striking a name, it shall be decided by 2.18 the flip of a coin. Each party shall be responsible for 2.19 compensating the arbitrator of their choice, and the parties 2.20 shall share equally the compensation paid to the third 2.21 arbitrator. The board of arbitrators shall serve as a temporary 2.22 arbitration tribunal and shall have the powers provided for 2.23 commissioners under section 179.08. The board of arbitrators 2.24 shall make its determination with all due diligence and shall 2.25 file a copy of its report with the commissioner.