SF 2742

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 08:46am

A bill for an act
relating to labor; modifying teacher strike provisions; amending Minnesota Statutes
2022, section 179A.18, subdivision 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 179A.18, subdivision 2, is amended to read:

Subd. 2.

School district requirements.

Except as otherwise provided by section 179A.17,
subdivision 1, teachers employed by a local school district, other than principals and assistant
principals, may strike only under the following circumstances:

(1)(i) the collective bargaining agreement between their exclusive representative and
their employer has expired or, if there is no agreement, impasse under section 179A.17,
subdivision 1, has occurred; and

(ii) the exclusive representative and the employer have participated in mediation over
a period of at least 30 days. For the purposes of this item the mediation period commences
on the day that a mediator designated by the commissioner first attends a conference with
the parties to negotiate the issues not agreed upon; deleted text begin and
deleted text end

(iii) neither party has requested interest arbitration or a request for binding interest
arbitration has been rejected; deleted text begin or deleted text end new text begin and
new text end

new text begin (iv) the employer has not offered a collective bargaining agreement that increases future
district costs for salaries and benefits by at least the maximum increase available in
accordance with subdivision 2a; or
new text end

(2) the employer violates section 179A.13, subdivision 2, clause (9).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for collective bargaining agreements
effective July 1, 2023, and thereafter.
new text end

Sec. 2.

Minnesota Statutes 2022, section 179A.18, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin School district increased salary and benefits cap. new text end

new text begin (a) For purposes of this
section, the "maximum increase available" means the total increase in cost of terms in a
collective bargaining agreement, including salary and benefits, compared to the previous
collective bargaining agreement.
new text end

new text begin (b) Before beginning negotiations with an exclusive representative of school district
employees, the employer must determine the maximum increase available for a collective
bargaining agreement based on the change in the state's gross domestic product and
population growth in the district during the previous two years. The employer must provide
notice to the exclusive representative of district employees of this maximum salary and
benefits increase. If the final collective bargaining agreement between the board and an
exclusive representative includes salary, benefit, or other terms that collectively exceed the
maximum increase available, the employer must provide notice to residents in the district
of the increase, and explain the reasons for exceeding the maximum increase available at
an open meeting.
new text end

new text begin (c) Notwithstanding any law to the contrary, school district employees are not authorized
to strike if the employer has offered a collective bargaining agreement, the costs of which
would meet or exceed the maximum increase available identified under paragraph (b).
new text end

new text begin (d) The commissioner of management and budget must issue guidance to school boards
on how to calculate the maximum increase available based on changes in the state's gross
domestic product and population changes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for collective bargaining agreements
effective July 1, 2023, and thereafter.
new text end