SF 3428

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/22/2024 09:28am

A bill for an act
relating to labor; making technical and policy changes to certain public employee
labor relations provisions; requiring rulemaking; amending Minnesota Statutes
2022, sections 179A.041, subdivision 2; 179A.09, by adding subdivisions; 179A.12,
subdivision 5; 179A.13, subdivisions 1, 2; 179A.40, subdivision 1; 179A.54,
subdivision 5; Minnesota Statutes 2023 Supplement, sections 13.43, subdivision
6; 179A.03, subdivisions 14, 18; 179A.041, subdivision 10; 179A.06, subdivision
6; 179A.07, subdivisions 8, 9; 179A.10, subdivision 2; 179A.12, subdivisions 2a,
6, 11.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 13.43, subdivision 6, is amended
to read:

Subd. 6.

Access by labor organizations, Bureau of Mediation Services, Public
Employment Relations Board.

(a) Personnel data must be disseminated to labor
organizations and the Public Employment Relations Board to the extent necessary to conduct
elections, investigate and process grievances, and implement the provisions of chapters 179
and 179A. new text begin Notwithstanding any other provision of this chapter, new text end personnel data shall be
disseminated to labor organizations, the Public Employment Relations Board, and the Bureau
of Mediation Services to the extent the dissemination is ordered or authorized by the
commissioner of the Bureau of Mediation Services or the Public Employment Relations
Board or its employees or agents. Employee Social Security numbers are not necessary to
implement the provisions of chapters 179 and 179A.

(b) Personnel data described under section 179A.07, subdivision 8, must be disseminated
to an exclusive representative under the terms of that subdivision.

(c) An employer who disseminates personnel data to a labor organization pursuant to
this subdivision shall not be subject to liability under section 13.08. Nothing in this paragraph
shall impair or limit any remedies available under section 325E.61.

(d) The home addresses, nonemployer issued phone numbers and email addresses, dates
of birth, and emails or other communications between exclusive representatives and their
members, prospective members, and nonmembers are private data on individuals.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 179A.03, subdivision 14, is amended
to read:

Subd. 14.

Public employee or employee.

(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:

(1) elected public officials;

(2) election officers;

(3) commissioned or enlisted personnel of the Minnesota National Guard;

(4) emergency employees who are employed for emergency work caused by natural
disaster;

(5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;

(6) employees new text begin , other than employees working for a Minnesota school district or charter
school in a position for which no license is required by the Professional Educator Licensing
Standards Board, new text end whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year; new text begin or new text end (ii) deleted text begin are not working for a
Minnesota school district or charter school; or (iii) deleted text end are not for more than 100 working days
in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;

(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;

(9) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number
of hours of service per week;

(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor
in an adult vocational education program;

(11) with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees; or

(12) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) to (7):

(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;

(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), in the same calendar
year and the cumulative number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position"
includes a substantially equivalent position if it is not the same position solely due to a
change in the classification or title of the position;

(3) an early childhood family education teacher employed by a school district; and

(4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities as the instructor of record to teach (i) one class for more than three credits in
a fiscal year, or (ii) two or more credit-bearing classes in a fiscal year.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 179A.03, subdivision 18, is amended
to read:

Subd. 18.

Teacher.

"Teacher" means any public employee other than a superintendent
or assistant superintendent, principal, assistant principal, or a supervisory or confidential
employee, employed by a school district:

(1) in a position for which the person must be licensed by the Professional Educator
Licensing and Standards Board or the commissioner of education;

(2) in a position as a physical therapist, occupational therapist, art therapist, music
therapist, or audiologist; or

(3) in a position creating and delivering instruction to children in a preschool, school
readiness, school readiness plus, or prekindergarten program or other school district or
charter school-based early education program, except that an employee in a bargaining unit
certified before January 1, 2023, may remain in a bargaining unit that does not include
teachers unless an exclusive representative files a petition for a unit clarification deleted text begin or to transfer
exclusive representative status deleted text end .

Sec. 4.

Minnesota Statutes 2022, section 179A.041, subdivision 2, is amended to read:

Subd. 2.

Alternate members.

(a) The appointing authorities shall appoint alternate
members to serve deleted text begin only deleted text end in the deleted text begin case deleted text end new text begin event new text end of a member having a conflict of interest new text begin or being
unavailable for a meeting new text end under subdivision 9, as follows:

(1) one alternate, appointed by the governor, who is an officer or employee of an exclusive
representative of public employees, to serve as an alternate to the member appointed by the
governor who is an officer or employee of an exclusive representative of public employees.
This alternate must not be an officer or employee of the same exclusive representative of
public employees as the member for whom the alternate serves;

(2) one alternate, appointed by the governor, who is a representative of public employers,
to serve as an alternate to the member appointed by the governor who is a representative of
public employers. This alternate must not represent the same public employer as the member
for whom the alternate serves; and

(3) one alternate, appointed by the member who is an officer or employee of an exclusive
representative of public employees and the member who is a representative of public
employers, who is not an officer or employee of an exclusive representative of public
employees, or a representative of a public employer, to serve as an alternate for the member
that represents the public at large.

(b) Each alternate member shall serve a term that is coterminous with the term of the
member for whom the alternate member serves as an alternate.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 179A.041, subdivision 10, is amended
to read:

Subd. 10.

Open Meeting Law; exceptions.

Chapter 13D does not apply to deleted text begin meetings of
the deleted text end new text begin a new text end board new text begin meeting new text end when deleted text begin it deleted text end new text begin the board new text end is new text begin :
new text end

new text begin (1) new text end deliberating on the merits of new text begin an new text end unfair labor practice deleted text begin charges deleted text end new text begin charge new text end under sections
179.11, 179.12, and 179A.13;

new text begin (2) new text end reviewing a new text begin hearing officer's new text end recommended decision and order deleted text begin of a hearing officer deleted text end
under section 179A.13; or

new text begin (3) new text end reviewing deleted text begin decisions of the deleted text end new text begin a new text end commissioner deleted text begin of the Bureau of Mediation Services
relating to deleted text end new text begin decision on an new text end unfair labor deleted text begin practices deleted text end new text begin practice new text end under section 179A.12, subdivision
11.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 179A.06, subdivision 6, is amended
to read:

Subd. 6.

Payroll deduction, authorization, and remittance.

(a) Public employees deleted text begin have
the right to deleted text end new text begin may new text end request deleted text begin and be allowed deleted text end payroll deduction for the exclusive representative
and deleted text begin the deleted text end new text begin its associated new text end political fund deleted text begin associated with the exclusive representative and registered
pursuant to deleted text end new text begin under new text end section 10A.12. new text begin If there is no exclusive representative, public employees
may request payroll deduction for the organization of their choice. A public employer must
provide payroll deduction according to any public employee's request under this paragraph.
new text end

new text begin (b) new text end A public employer must rely on a certification from deleted text begin any deleted text end new text begin an new text end exclusive representative
requesting remittance of a deduction that the organization has and will maintain an
authorization deleted text begin , deleted text end signed new text begin , either by hand or electronically according to section 325L.02, paragraph
(h), new text end by the public employee from whose salary or wages the deduction is to be made deleted text begin , which
may include an electronic signature by the public employee as defined in section 325L.02,
paragraph (h) deleted text end . An exclusive representative making deleted text begin such deleted text end new text begin a new text end certification deleted text begin must not be deleted text end new text begin is not new text end
required to provide the public employer a copy of the authorization unless a dispute arises
about the new text begin authorization's new text end existence or terms deleted text begin of the authorization deleted text end . deleted text begin The exclusive representative
must indemnify the public employer for any successful claims made by the employee for
unauthorized deductions in reliance on the certification.
deleted text end

deleted text begin (b) deleted text end new text begin (c) new text end A deleted text begin dues deleted text end new text begin payroll new text end deduction authorization deleted text begin remains in effect deleted text end new text begin is effective new text end until the new text begin
exclusive representative notifies the new text end employer deleted text begin receives notice from the exclusive
representative deleted text end that a public employee has changed or canceled deleted text begin their deleted text end new text begin the employee's new text end
authorization in writing in accordance with the terms of the original deleted text begin authorizing document,
and deleted text end new text begin authorization. When determining whether deductions have been properly changed or
canceled, new text end a public employer must rely on information from the exclusive representative
receiving remittance of the deduction deleted text begin regarding whether the deductions have been properly
changed or canceled. The exclusive representative must indemnify the public employer,
including any reasonable attorney fees and litigation costs, for any successful claims made
by the employee for unauthorized deductions made in reliance on such information deleted text end .

deleted text begin (c) deleted text end new text begin (d) new text end Deduction authorization under this section is new text begin :
new text end

new text begin (1) new text end independent from the public employee's membership status in the organization to
which payment is remitted new text begin ; new text end and deleted text begin is
deleted text end

new text begin (2) new text end effective regardless of whether a collective bargaining agreement authorizes the
deduction.

deleted text begin (d) Employers deleted text end new text begin (e) An employer new text end must deleted text begin commence deleted text end new text begin :
new text end

new text begin (1) begin new text end deductions within 30 days deleted text begin of notice of authorization from the deleted text end new text begin after an new text end exclusive
representative new text begin submits a certification under paragraph (b); new text end and deleted text begin must
deleted text end

new text begin (2) new text end remit the deductions to the exclusive representative within 30 days of the deduction.
deleted text begin The failure of an employer to comply with the provisions of this paragraph shall be an unfair
labor practice under section 179A.13, the relief for which shall be reimbursement by the
employer of deductions that should have been made or remitted based on a valid authorization
given by the employee or employees.
deleted text end

deleted text begin (e) In the absence of an exclusive representative, public employees have the right to
request and be allowed payroll deduction for the organization of their choice.
deleted text end

new text begin (f) An exclusive representative must indemnify a public employer:
new text end

new text begin (1) for any successful employee claim for unauthorized employer deductions made by
relying on an exclusive representative's certification under paragraph (b); and
new text end

new text begin (2) for any successful employee claim for unauthorized employer deductions made by
relying on information for changing or canceling deductions under paragraph (c), with
indemnification including any reasonable attorney fees and litigation costs.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end Any dispute under this subdivision must be resolved through an unfair labor
practice proceeding under section 179A.13. new text begin It is an unfair labor practice if an employer fails
to comply with paragraph (e), and the employer must reimburse deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 8, is amended
to read:

Subd. 8.

Bargaining unit information.

(a) Within 20 calendar days deleted text begin from the date of
hire of deleted text end new text begin after new text end a bargaining unit employee new text begin is hired new text end , a public employer must provide the
following deleted text begin contact deleted text end information new text begin on the employee new text end to deleted text begin an deleted text end new text begin the unit's new text end exclusive representative in
an Excel file format or other format agreed to by the exclusive representative:

new text begin (1) new text end name;

new text begin (2) new text end job title;

new text begin (3) new text end worksite location, including location deleted text begin within deleted text end new text begin in new text end a facility when appropriate;

new text begin (4) new text end home address;

new text begin (5) new text end work telephone number;

new text begin (6) new text end home and personal cell phone numbers on file with the public employer;

new text begin (7) new text end date of hire; and

new text begin (8) new text end work email address and personal email address on file with the public employer.

(b) Every 120 calendar days deleted text begin beginning on January 1, 2024 deleted text end , a public employer must
provide to deleted text begin an deleted text end new text begin a bargaining unit's new text end exclusive representative in an Excel file or similar format
agreed to by the exclusive representative the deleted text begin following deleted text end information new text begin under paragraph (a) new text end for
all bargaining unit employees deleted text begin : name; job title; worksite location, including location within
a facility when appropriate; home address; work telephone number; home and personal cell
phone numbers on file with the public employer; date of hire; and work email address and
personal email address on file with the public employer deleted text end .

(c) deleted text begin A public employer must notify an exclusive representative within 20 calendar days
of the separation of deleted text end new text begin If a bargaining unit employee separates from new text end employment or deleted text begin transfer deleted text end new text begin
transfers new text end out of deleted text begin the bargaining unit of deleted text end a bargaining unit deleted text begin employee deleted text end new text begin , the employee's public
employer must notify the employee's exclusive representative within 20 calendar days after
the separation or transfer, including the reason for the separation or transfer new text end .

Sec. 8.

Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 9, is amended
to read:

Subd. 9.

Access.

(a) A public employer must allow an exclusive representative new text begin or the
representative's agent new text end to meet in person with new text begin a new text end newly hired deleted text begin employees, without charge to
the pay or leave time of the employees, for 30 minutes, deleted text end new text begin employee new text end within 30 calendar days
from the date of hire deleted text begin , deleted text end during new employee orientations or, if the employer does not conduct
new employee orientations, at individual or group meetings new text begin arranged by the employer in
coordination with the exclusive representative or the representative's agent during the newly
hired employees' regular working hours. For an orientation or meeting under this paragraph,
an employer must allow the employee and exclusive representative up to 30 minutes to meet
and must not charge the employee's pay or leave time during the orientation or meeting, or
the pay or leave time of an agent of the exclusive representative using time off under
subdivision 6. An orientation or meeting may be held virtually or for longer than 30 minutes
only by mutual agreement of the employer and exclusive representative new text end .

new text begin (b) new text end An exclusive representative deleted text begin shall deleted text end new text begin must new text end receive deleted text begin no less than deleted text end new text begin at least new text end ten days' notice
deleted text begin in advance deleted text end of an orientation, deleted text begin except that deleted text end new text begin but new text end a shorter notice may be provided deleted text begin where deleted text end new text begin if new text end there
is an urgent need critical to the new text begin employer's new text end operations deleted text begin of the public employer deleted text end that was not
reasonably foreseeable. Notice of and attendance at new employee orientations and other
meetings under this paragraph deleted text begin must be deleted text end new text begin and paragraph (a) are new text end limited to deleted text begin the public employer, deleted text end new text begin :
new text end

new text begin (1) new text end the employees deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the exclusive representative deleted text begin , and deleted text end new text begin ;
new text end

new text begin (3) new text end any vendor contracted to provide a service for deleted text begin purposes of deleted text end the meeting deleted text begin . Meetings
may be held virtually or for longer than 30 minutes deleted text end new text begin ; and
new text end

new text begin (4) the public employer or its designee, who may attend new text end only by mutual agreement of
the public employer and exclusive representative.

deleted text begin (b) deleted text end new text begin (c) new text end A public employer must allow an exclusive representative to communicate with
bargaining unit members deleted text begin using their employer-issued email addresses regarding deleted text end new text begin by email
on:
new text end

new text begin (1) new text end collective bargaining deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the administration of collective bargaining agreements deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end the investigation of grievances deleted text begin , deleted text end new text begin and new text end other workplace-related complaints and issues deleted text begin , deleted text end new text begin ; new text end
and

new text begin (4) new text end internal matters involving the governance or business of the exclusive representative deleted text begin ,
consistent with the employer's generally applicable technology use policies deleted text end .

new text begin (d) An exclusive representative may communicate with bargaining unit members under
paragraph (c), via the members' employer-issued email addresses, but the communication
must be consistent with the employer's generally applicable technology use policies.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end A public employer must allow an exclusive representative to meet with bargaining
unit members in facilities owned or leased by the public employer deleted text begin regarding deleted text end new text begin to communicate
on:
new text end

new text begin (1) new text end collective bargaining deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the administration of collective bargaining agreements deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) the investigation of new text end grievances and other workplace-related complaints and issues deleted text begin , deleted text end new text begin ; new text end
and

new text begin (4) new text end internal matters involving the governance or business of the exclusive representative deleted text begin ,
provided the use does not interfere with governmental operations and the exclusive
representative complies with worksite security protocols established by the public employer.
Meetings conducted deleted text end new text begin .
new text end

new text begin (f) The following applies for a meeting under paragraph (e):
new text end

new text begin (1) a meeting cannot interfere with government operations;
new text end

new text begin (2) the exclusive representative must comply with employer-established worksite security
protocols;
new text end

new text begin (3) a meeting new text end in new text begin a new text end government deleted text begin buildings pursuant to this paragraph must not deleted text end new text begin building
cannot new text end be for deleted text begin the purpose of deleted text end supporting or opposing any candidate for partisan political
office or for deleted text begin the purpose of deleted text end distributing literature or information deleted text begin regarding deleted text end new text begin on new text end partisan
elections deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) new text end an exclusive representative conducting a meeting in a government building or other
government facility deleted text begin pursuant to this subdivision deleted text end may be charged for maintenance, security,
and other costs related to deleted text begin the use of deleted text end new text begin using new text end the government building or facility that would
not otherwise be incurred by the government entity.

Sec. 9.

Minnesota Statutes 2022, section 179A.09, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Unit mergers. new text end

new text begin Upon the request of an exclusive representative for bargaining
units, the commissioner must designate as a single unit two bargaining units represented
by the exclusive representative, subject to subdivision 2 of this section as well as any other
statutory bargaining unit designation.
new text end

Sec. 10.

Minnesota Statutes 2022, section 179A.09, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Position classifications. new text end

new text begin For the purpose of determining whether a new position
should be included in an existing bargaining unit, the position shall be analyzed with respect
to its assigned duties, without regard to title or telework status.
new text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 179A.10, subdivision 2, is amended
to read:

Subd. 2.

State employees.

(a) Unclassified employees, unless otherwise excluded, are
included within the units deleted text begin which deleted text end new text begin that new text end include the classifications to which they are assigned
for purposes of compensation. Supervisory employees deleted text begin shall only deleted text end new text begin can new text end be assigned new text begin only new text end to
deleted text begin units deleted text end new text begin unit new text end 12 deleted text begin and deleted text end new text begin or new text end 16. The following new text begin units new text end are the appropriate units of executive branch
state employees:

(1) law enforcement unit;

(2) craft, maintenance, and labor unit;

(3) service unit;

(4) health care nonprofessional unit;

(5) health care professional unit;

(6) clerical and office unit;

(7) technical unit;

(8) correctional guards unit;

(9) state university instructional unit;

(10) state college instructional unit;

(11) state university administrative unit;

(12) professional engineering unit;

(13) health treatment unit;

(14) general professional unit;

(15) professional state residential instructional unit;

(16) supervisory employees unit;

(17) public safety radio communications operator unit;

(18) licensed peace officer special unit; and

(19) licensed peace officer leader unit.

deleted text begin Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may only make changes in the schedule in existence on the day prior to
August 1, 1984, as required by law or as provided in subdivision 4.
deleted text end

(b) The following positions are included in the licensed peace officer special unit:

(1) State Patrol lieutenant;

(2) NR district supervisor - enforcement;

(3) assistant special agent in charge;

(4) corrections investigation assistant director 2;

(5) corrections investigation supervisor; and

(6) commerce supervisor special agent.

(c) The following positions are included in the licensed peace officer leader unit:

(1) State Patrol captain;

(2) NR program manager 2 enforcement; and

(3) special agent in charge.

new text begin (d) Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may make changes in the schedule in existence on the day before August 1,
1984, only:
new text end

new text begin (1) as required by law; or
new text end

new text begin (2) as provided in subdivision 4.
new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 2a, is amended
to read:

Subd. 2a.

Majority verification procedure.

(a) deleted text begin Notwithstanding any other provision
of this section, deleted text end An employee organization may file a petition with the commissioner
requesting certification as the exclusive representative of deleted text begin an deleted text end new text begin a proposed new text end appropriate unit
deleted text begin based on a verification that deleted text end new text begin for which there is no currently certified exclusive representative.
The petition must verify that new text end over 50 percent of the employees in the proposed appropriate
unit wish to be represented by the deleted text begin petitioner deleted text end new text begin organization new text end . deleted text begin The commissioner shall require
dated representation authorization signatures of affected employees as verification of the
employee organization's claim of majority status.
deleted text end

(b) deleted text begin Upon receipt of an employee organization's petition, accompanied by employee
authorization signatures under this subdivision, the commissioner shall investigate the
petition. deleted text end If the commissioner determines that over 50 percent of the employees in deleted text begin an deleted text end new text begin the new text end
appropriate unit have provided authorization signatures designating the new text begin petitioning new text end employee
organization deleted text begin specified in the petition deleted text end as their exclusive representative, the commissioner
deleted text begin shall not order an election but shall deleted text end new text begin must new text end certify the employee organization new text begin as the employees'
exclusive representative without ordering an election under this section new text end .

Sec. 13.

Minnesota Statutes 2022, section 179A.12, subdivision 5, is amended to read:

Subd. 5.

Commissioner to investigate.

deleted text begin The commissioner shall, deleted text end Upon deleted text begin receipt of an
employee organization's deleted text end new text begin receiving a new text end petition deleted text begin to the commissioner deleted text end under subdivision deleted text begin 3 deleted text end new text begin 1a
or 2a new text end , new text begin the commissioner must:
new text end

new text begin (1) new text end investigate to determine if sufficient evidence of a question of representation exists new text begin ; new text end
and

new text begin (2) new text end hold hearings necessary to determine the appropriate unit and other matters necessary
to determine the representation rights of the affected employees and employer.

Sec. 14.

Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 6, is amended
to read:

Subd. 6.

Authorization signatures.

deleted text begin In deleted text end new text begin (a) When new text end determining the numerical status of
an employee organization for purposes of this section, the commissioner deleted text begin shall deleted text end new text begin must new text end require
new text begin a new text end dated representation authorization deleted text begin signatures of affected employees deleted text end new text begin signature of each
affected employee new text end as verification of the statements contained in the deleted text begin joint request or petitions deleted text end new text begin
petition new text end . deleted text begin These
deleted text end

new text begin (b) An new text end authorization deleted text begin signatures shall be deleted text end new text begin signature is new text end privileged and confidential
information available to the commissioner only. new text begin An new text end electronic deleted text begin signatures deleted text end new text begin signature new text end , as
defined in section 325L.02, paragraph (h), deleted text begin shall be deleted text end new text begin is new text end valid as new text begin an new text end authorization deleted text begin signatures deleted text end new text begin
signature new text end .

new text begin (c) An new text end authorization deleted text begin signatures shall be deleted text end new text begin signature is new text end valid for deleted text begin a period of deleted text end one year
following the new text begin signature new text end date deleted text begin of signature deleted text end .

Sec. 15.

Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 11, is amended
to read:

Subd. 11.

Unfair labor practices.

new text begin The commissioner may void the result of an election
or majority verification procedure and order a new election or procedure new text end if the commissioner
finds deleted text begin that deleted text end new text begin one of the following:
new text end

new text begin (1) there was new text end an unfair labor practice new text begin that:
new text end

new text begin (i) new text end was committed by an employer deleted text begin or deleted text end new text begin , a new text end representative candidate deleted text begin or deleted text end new text begin , new text end an employee new text begin , new text end or new text begin a
new text end group of employees deleted text begin , deleted text end new text begin ; new text end and deleted text begin that the unfair labor practice
deleted text end

new text begin (ii) new text end affected the result of deleted text begin an deleted text end new text begin the new text end election or new text begin the new text end majority verification procedure deleted text begin pursuant
to subdivision 2a, deleted text end new text begin ; new text end or deleted text begin that
deleted text end

new text begin (2) new text end procedural or other irregularities in the conduct of the election or majority verification
procedure may have substantially affected deleted text begin its deleted text end new text begin the new text end results deleted text begin , the commissioner may void the
result and order a new election or majority verification procedure deleted text end .

Sec. 16.

Minnesota Statutes 2022, section 179A.13, subdivision 1, is amended to read:

Subdivision 1.

Actions.

(a) The practices specified in this section are unfair labor
practices. Any employee, employer, employee or employer organization, exclusive
representative, or any other person or organization aggrieved by an unfair labor practice as
defined in this section may file an unfair labor practice charge with the board.

(b) Whenever it is charged that any party has engaged in or is engaging in any unfair
labor practice, an investigator designated by the board shall promptly conduct an investigation
of the charge. Unless after the investigation the board finds that the charge has no reasonable
basis in law or fact, the board shall promptly issue a complaint and cause to be served upon
the party a complaint stating the charges, accompanied by a notice of hearing before a
qualified hearing officer designated by the board at the offices of the bureau or other location
as the board deems appropriate, not deleted text begin less than five days nor more than 20 days deleted text end new text begin more than
30 days new text end after serving the complaint new text begin absent mutual agreement of the parties new text end , provided that
no complaint shall be issued based upon any unfair labor practice occurring more than six
months prior to the filing of a charge. A complaint issued under this subdivision may be
amended by the board at any time prior to the issuance of an order based thereon. The party
who is the subject of the complaint has the right to file an answer to the original or amended
complaint prior to hearing and to appear in person or by a representative and give testimony
at the place and time fixed in the complaint. In the discretion of the hearing officer conducting
the hearing or the board, any other party may be allowed to intervene in the proceeding and
to present testimony. The board or designated hearing officers shall not be bound by the
rules of evidence applicable to courts, except as to the rules of privilege recognized by law.

(c) Designated investigators must conduct the investigation of charges.

(d) Hearing officers must deleted text begin be licensed to practice law in the state of Minnesota deleted text end new text begin have a
juris doctor new text end and must conduct the hearings and issue recommended decisions and orders.

(e) The board or its designees shall have the power to issue subpoenas and administer
oaths. If any party willfully fails or neglects to appear or testify or to produce books, papers,
and records pursuant to the issuance of a subpoena, the board may apply to a court of
competent jurisdiction to request that the party be ordered to appear to testify or produce
the requested evidence.

(f) A full and complete record shall be kept of all proceedings before the board or
designated hearing officer and shall be transcribed by a reporter appointed by the board.

(g) The party on whom the burden of proof rests shall be required to sustain the burden
by a preponderance of the evidence.

(h) At any time prior to the close of a hearing, the parties may by mutual agreement
request referral to mediation, at which time the commissioner shall appoint a mediator, and
the hearing shall be suspended pending the results of the mediation.

(i) If, upon a preponderance of the evidence taken, the hearing officer determines that
any party named in the charge has engaged in or is engaging in an unfair labor practice,
then a recommended decision and order shall be issued stating findings of fact and
conclusions, and requiring the party to cease and desist from the unfair labor practice, to
post a cease-and-desist notice in the workplace, and ordering any appropriate relief to
effectuate the policies of this section, including but not limited to reinstatement, back pay,
and any other remedies that make a charging party whole. If back pay is awarded, the award
must include interest at the rate of seven percent per annum. The order further may require
the party to make reports from time to time, and demonstrate the extent to which the party
has complied with the order.

(j) If there is no preponderance of evidence that the party named in the charge has
engaged in or is engaging in the unfair labor practice, then the hearing officer shall issue a
recommended decision and order stating findings of fact and dismissing the complaint.

(k) Parties may file exceptions to the hearing officer's recommended decision and order
with the board no later than 30 days after service of the recommended decision and order.
The board shall review the recommended decision and order upon timely filing of exceptions
or upon its own motion. If no timely exceptions have been filed, the parties must be deemed
to have waived their exceptions. Unless the board reviews the recommended decision and
order upon its own motion, it must not be legal precedent and must be final and binding
only on the parties to the proceeding as issued in an order issued by the board. If the board
does review the recommended decision and order, the board may adopt all, part, or none of
the recommended decision and order, depending on the extent to which it is consistent with
the record and applicable laws. The board shall issue and serve on all parties its decision
and order. The board shall retain jurisdiction over the case to ensure the parties' compliance
with the board's order. Unless overturned by the board, the parties must comply with the
recommended decision and order.

(l) Until the record has been filed in the court of appeals or district court, the board at
any time, upon reasonable notice and in a manner it deems appropriate, may modify or set
aside, in whole or in part, any finding or order made or issued by it.

(m) Upon a final order that an unfair labor practice has been committed, the board or
the charging party may petition the district court for the enforcement of the order and for
appropriate temporary relief or a restraining order. When the board petitions the court, the
charging party may intervene as a matter of right.

(n) Whenever it appears that any party has violated a final order of the board issued
pursuant to this section, the board must petition the district court for an order directing the
party and its officers, agents, servants, successors, and assigns to comply with the order of
the board. The board shall be represented in this action by its general counsel, who has been
appointed by the board. The court may grant or refuse, in whole or in part, the relief sought,
provided that the court also may stay an order of the board pending disposition of the
proceedings. The court may punish a violation of its order as in civil contempt.

(o) The board shall have power, upon issuance of an unfair labor practice complaint
alleging that a party has engaged in or is engaging in an unfair labor practice, to petition
the district court for appropriate temporary relief or a restraining order. Upon the filing of
any such petition, the court shall cause notice thereof to be served upon such parties, and
thereupon shall have jurisdiction to grant to the board or commissioner temporary relief or
a restraining order as it deems appropriate. Nothing in this paragraph precludes a charging
party from seeking injunctive relief in district court after filing the unfair labor practice
charge.

(p) The proceedings in paragraphs (m), (n), and (o) shall be commenced in the district
court for the county in which the unfair labor practice which is the subject of the order or
administrative complaint was committed, or where a party alleged to have committed the
unfair labor practice resides or transacts business.

Sec. 17.

Minnesota Statutes 2022, section 179A.13, subdivision 2, is amended to read:

Subd. 2.

Employers.

Public employers, their agents and representatives are prohibited
from:

(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed
in sections 179A.01 to 179A.25;

(2) dominating or interfering with the formation, existence, or administration of any
employee organization or contributing other support to it;

(3) discriminating in regard to hire or tenure to encourage or discourage membership in
an employee organization;

(4) discharging or otherwise discriminating against an employee because the employee
has signed or filed an affidavit, petition, or complaint or given information or testimony
under sections 179A.01 to 179A.25;

(5) refusing to meet and negotiate in good faith with the exclusive representative of its
employees in an appropriate unit;

(6) refusing to comply with grievance procedures contained in an agreement;

(7) distributing or circulating a blacklist of individuals exercising a legal right or of
members of a labor organization for the purpose of preventing blacklisted individuals from
obtaining or retaining employment;

(8) violating rules established by the commissioner regulating the conduct of
representation elections;

(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;

(10) violating or refusing to comply with any lawful order or decision issued by the
commissioner or the board;

(11) refusing to provide, upon the request of the exclusive representative, all information
pertaining to the public employer's budget both present and proposed, revenues, and other
financing information provided that in the executive branch of state government this clause
may not be considered contrary to the budgetary requirements of sections 16A.10 and
16A.11; deleted text begin or
deleted text end

(12) granting or offering to grant the status of permanent replacement employee to a
person for performing bargaining unit work for the employer during a lockout of employees
in an employee organization or during a strike authorized by an employee organization that
is an exclusive representative deleted text begin . deleted text end new text begin ;
new text end

new text begin (13) failing or refusing to provide information that is relevant to enforcement or
negotiation of a contract within a reasonable time from receiving a request by an exclusive
representative, not to exceed ten days for information relevant to contract enforcement or
30 days for information relevant to contract negotiation;
new text end

new text begin (14) refusing to reallocate a position after the commissioner has determined the position
was not placed into the correct bargaining unit; or
new text end

new text begin (15) refusing to restore a position to classified service after determination that the position
was incorrectly placed into unclassified service under section 43A.08.
new text end

Sec. 18.

Minnesota Statutes 2022, section 179A.40, subdivision 1, is amended to read:

Subdivision 1.

Units.

The following are the appropriate employee units of the Hennepin
Healthcare System, Inc. All units shall exclude supervisors, managerial employees, and
confidential employees. No additional units of Hennepin Healthcare System, Inc., shall be
eligible to be certified for the purpose of meeting and negotiating with an exclusive
representative. The units include all:

(1) registered nurses;

(2) physicians new text begin except those employed as interns, residents, or fellows new text end ;

(3) professionals except for registered nurses and physicians;

(4) technical and paraprofessional employees;

(5) carpenters, electricians, painters, and plumbers;

(6) health general service employees;

(7) interpreters;

(8) emergency medical technicians/emergency medical dispatchers (EMT/EMD), and
paramedics;

(9) bioelectronics specialists, bioelectronics technicians, and electronics technicians;

(10) skilled maintenance employees; deleted text begin and
deleted text end

(11) clerical employees deleted text begin . deleted text end new text begin ; and
new text end

new text begin (12) physicians employed as interns, residents, and fellows.
new text end

Sec. 19.

Minnesota Statutes 2022, section 179A.54, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Legislative action on deleted text end new text begin Collective bargaining new text end agreements.

deleted text begin Any agreement
reached between the state and the exclusive representative of individual providers under
chapter 179A shall be submitted to the legislature to be accepted or rejected in accordance
with sections 3.855 and 179A.22 deleted text end new text begin The commissioner of management and budget is authorized
to enter into and implement agreements, including interest arbitration decisions, with the
exclusive representative of individual providers as provided in section 179A.22, subdivision
4, except for terms and conditions requiring appropriations, changes to state law, or approval
from the federal government which shall be contingent upon and executed following receipt
of appropriations and state and federal approval new text end .

Sec. 20. new text begin RULEMAKING.
new text end

new text begin The commissioner of the Bureau of Mediation Services must adopt rules on petitions
for majority verification, including technical changes needed for consistency with Minnesota
Statutes, section 179A.12, and the commissioner may use the expedited rulemaking process
under Minnesota Statutes, section 14.389.
new text end

Sec. 21. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber Minnesota Statutes, section 179A.12, subdivision
3, as Minnesota Statutes, section 179A.12, subdivision 1a.
new text end