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Minnesota Legislature

Office of the Revisor of Statutes

SF 2490

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 09/03/2014 09:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to labor and employment; providing employee protections in joint powers
agreements; proposing coding for new law in Minnesota Statutes, chapter 179A.

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

Section 1.

new text begin [179A.60] JOINT POWERS AGREEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "entity" means an operating
organization, established by agreement of two or more governmental units for the joint
exercise of governmental powers, that has its own governing board with the authority to
hire its own employees. For purposes of this section, entity does not include service
delivery authorities created under section 402A.35.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin Notwithstanding the provisions of section 179A.12 or
any other law, this section governs the initial certification and decertification, if any, of
exclusive representatives for an entity. Employees of an entity are public employees and
joint powers entities are public employers under section 179A.03. After initial certification
and decertification, if any, as provided in this section, this section does not apply.
new text end

new text begin Subd. 3. new text end

new text begin Determination of appropriate bargaining unit. new text end

new text begin For purposes of
determining an appropriate unit, employees hired by, assigned to, or transferred to the
joint powers entity shall be presumed to be the appropriate unit for all employees of the
newly created joint powers entity, unless the commissioner determines it inappropriate
under the standards established in section 179A.09. The commissioner may also approve
an alternative bargaining unit structure agreed upon by all parties. The determination
shall take effect as soon as practicable after filing of a petition, but not later than the date
the joint powers entity is formally created.
new text end

new text begin Subd. 4. new text end

new text begin Transition to new bargaining units and certification of exclusive
representatives.
new text end

new text begin In certification of exclusive representatives for appropriate units of
employees of newly created joint powers entities, the commissioner shall use the criterion
set forth in section 179A.102.
new text end

new text begin Subd. 5. new text end

new text begin Early unit determination and exclusive representative certification.
new text end

new text begin (a) Prior to the effective date of an agreement creating an entity, the commissioner may
resolve questions of appropriate unit determination and provide for the certification of
exclusive representatives if:
new text end

new text begin (1) all the governmental units creating the entity pass a resolution requesting the
commissioner to do so; and
new text end

new text begin (2) the affected exclusive representatives agree.
new text end

new text begin (b) A new collective bargaining agreement may be negotiated under subdivision
7 prior to the effective date of an agreement creating an entity, so long as the collective
bargaining agreement is approved by all of the governmental units creating the entity.
new text end

new text begin Subd. 6. new text end

new text begin Interim collective bargaining agreements. new text end

new text begin (a) This subdivision only
applies if an exclusive representative is certified under subdivision 4.
new text end

new text begin (b) Until a successor contract is executed between the new joint powers entity and
the exclusive representative of its employees, the board of the joint powers entity and the
exclusive representatives of the employees may agree:
new text end

new text begin (1) to comply with the contract with the member of the entity that employed the
largest portion of the new employees who are assigned to the new joint powers entity with
respect to all of the employees assigned to the new joint powers entity; or
new text end

new text begin (2) that each of the contracts shall apply to the employees previously subject to
the respective contract.
new text end

new text begin (c) In the absence of an agreement according to paragraph (b), each of the contracts
shall apply to the employees previously subject to the respective contract and shall be
binding on the new joint powers entity.
new text end

new text begin Subd. 7. new text end

new text begin Contract negotiations and administration. new text end

new text begin The exclusive representative
of employees of a new joint powers entity shall upon certification be responsible to
negotiate a new collective bargaining agreement, file grievances, and otherwise administer
the prior collective bargaining agreement until a new collective bargaining agreement is
agreed to, and to receive dues or fair-share fees.
new text end

new text begin Subd. 8. new text end

new text begin Investigation and discipline. new text end

new text begin If an employee who is transferred from the
employment of a member to the employment of a joint powers entity is under investigation
by the member of the entity at the time of the transfer and would be subject to discipline
by the member of the entity, the new joint powers entity may discipline the employee for
just cause, and the employee's union may file a grievance under the collective bargaining
agreement the employee was covered by as an employee of a member of the entity or the
new collective bargaining agreement after it is agreed to.
new text end

new text begin Subd. 9. new text end

new text begin Employee personnel files. new text end

new text begin The governmental units creating an entity may
provide the new entity with access to private and confidential data relating to employees
of the governmental units who become employees of the entity.
new text end

new text begin Subd. 10. new text end

new text begin Seniority. new text end

new text begin Upon creation of a new entity, seniority shall be based on the
employee's continuous service with a member of the entity and the employee's service
with the entity.
new text end

new text begin Subd. 11. new text end

new text begin Layoffs and recalls. new text end

new text begin Layoffs and recalls shall be based on seniority as
defined herein. Recall rights shall continue to apply until a new collective bargaining
agreement is agreed to by the parties.
new text end

new text begin Subd. 12. new text end

new text begin Decertification. new text end

new text begin The commissioner may not consider a petition for
decertification of an exclusive representative certified under this section for one year
after certification. After that time, a petition must be considered under the provisions
of section 179A.12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for entities established on or after
January 15, 2015.
new text end