SF 3952

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/15/2022 08:54am

A bill for an act
relating to state government; permitting legislative employees to obtain elections
for exclusive representation to bargain collectively as to terms of employment;
amending Minnesota Statutes 2020, sections 3.07; 3.09; 43A.18, subdivision 6;
179A.01; 179A.03, subdivision 15, by adding subdivisions; 179A.12, subdivision
4; proposing coding for new law in Minnesota Statutes, chapter 179A.

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

Section 1.

Minnesota Statutes 2020, section 3.07, is amended to read:

3.07 ADDITIONAL EMPLOYEES.

Each house, after its organization, may appoint and at pleasure remove the employees
provided for by its permanent rules or recommended by its Committee on Rules new text begin , subject to
terms and conditions of employment under applicable collective bargaining agreements new text end .
All officers and employees shall receive the compensation provided by the permanent rules
of the electing or appointing body or recommended by its Committee on Rules. Unless
otherwise expressly provided by law, no officer or employee shall receive any other
compensation for services.

Sec. 2.

Minnesota Statutes 2020, section 3.09, is amended to read:

3.09 COMPENSATION OF EMPLOYEES.

The compensation of officers and employees shall be at the rates fixed by the permanent
rules of the electing or appointing body or recommended by its Committee on Rules new text begin , subject
to terms and conditions of employment under applicable collective bargaining agreements new text end .

Sec. 3.

Minnesota Statutes 2020, section 43A.18, subdivision 6, is amended to read:

Subd. 6.

Legislative and judicial branch compensation.

Total compensation plans for
unclassified employees of the legislature and of legislative commissions shall be determined
by the legislature consistent with chapter 3 new text begin and consistent with terms and conditions of
employment under applicable collective bargaining agreements new text end , provided that insurance
benefits for these employees and for legislators shall be determined by the Legislative
Coordinating Commission, consistent with sections 43A.22 to 43A.30. Total compensation
plans for unclassified employees of the judicial branch shall be determined by the appointing
authority, unless other law provides a different method for establishing this compensation.
Judicial branch compensation plans shall be consistent with sections 43A.22 to 43A.30.

Sec. 4.

Minnesota Statutes 2020, section 179A.01, is amended to read:

179A.01 PUBLIC POLICY.

(a) It is the public policy of this state and the purpose of sections 179A.01 to 179A.25
to promote orderly and constructive relationships between all public employers and their
employees. This policy is subject to the paramount right of the citizens of this state to keep
inviolate the guarantees for their health, education, safety, and welfare.

(b) The relationships between the public, public employees, and employer governing
bodies involve responsibilities to the public and a need for cooperation and employment
protection which are different from those found in the private sector. The importance or
necessity of some services to the public can create imbalances in the relative bargaining
power between public employees and employers. As a result, unique approaches to
negotiations and resolutions of disputes between public employees and employers are
necessary.

(c) Unresolved disputes between the public employer and its employees are injurious
to the public as well as to the parties. Adequate means must be established for minimizing
them and providing for their resolution. Within these limitations and considerations, the
legislature has determined that overall policy is best accomplished by:

(1) granting public employees certain rights to organize and choose freely their
representatives;

(2) requiring public employers to meet and negotiate with public employees in an
appropriate bargaining unit and providing that the result of bargaining be in written
agreements; and

(3) establishing special rights, responsibilities, procedures, and limitations regarding
public employment relationships which will provide for the protection of the rights of the
public employee, the public employer, and the public at large.

deleted text begin (d) Nothing in sections 179A.01 to 179A.25 impairs, modifies, or alters the authority
of the legislature to establish rates of pay, or retirement or other benefits for its employees.
deleted text end

Sec. 5.

Minnesota Statutes 2020, section 179A.03, is amended by adding a subdivision to
read:

new text begin Subd. 9a. new text end

new text begin Legislative appointing authority. new text end

new text begin "Legislative appointing authority" means:
new text end

new text begin (1) the secretary of the senate for employees of the senate;
new text end

new text begin (2) the chief clerk of the house of representatives for employees of the house of
representatives; and
new text end

new text begin (3) the executive director of the Legislative Coordinating Commission for employees
of the joint legislative offices and commissions, including the Legislative Coordinating
Commission, the Office of the Legislative Auditor, the Office of the Revisor of Statutes,
the Legislative Reference Library, the Legislative Budget Office, Geographic Information
Services, the Legislative-Citizen Commission on Minnesota Resources, the Legislative
Commission on Pensions and Retirement, the Legislative Water Commission, the Mississippi
River Parkway Commission, the Legislative Energy Commission, and the Lessard-Sams
Outdoor Heritage Council.
new text end

Sec. 6.

Minnesota Statutes 2020, section 179A.03, is amended by adding a subdivision to
read:

new text begin Subd. 9b. new text end

new text begin Legislative employee. new text end

new text begin "Legislative employee" means a public employee
employed by a legislative entity.
new text end

Sec. 7.

Minnesota Statutes 2020, section 179A.03, is amended by adding a subdivision to
read:

new text begin Subd. 9c. new text end

new text begin Legislative entity. new text end

new text begin "Legislative entity" means any one of the following: the
senate, the house of representatives, the Legislative Coordinating Commission, the Office
of the Legislative Auditor, the Office of the Revisor of Statutes, the Legislative Reference
Library, the Legislative Budget Office, Geographic Information Services, the
Legislative-Citizen Commission on Minnesota Resources, the Legislative Commission on
Pensions and Retirement, the Legislative Water Commission, the Mississippi River Parkway
Commission, the Legislative Energy Commission, or the Lessard-Sams Outdoor Heritage
Council.
new text end

Sec. 8.

Minnesota Statutes 2020, section 179A.03, subdivision 15, is amended to read:

Subd. 15.

Public employer or employer.

(a) "Public employer" or "employer" means:

(1) the state of Minnesota for employees of the state not otherwise provided for in this
subdivision or section 179A.10 for executive branch employees;

(2) the Board of Regents of the University of Minnesota for its employees;

(3) the state court administrator for court employees;

(4) new text begin the secretary of the senate for senate employees, the chief clerk of the house of
representatives for employees of the house of representatives, and the executive director of
the Legislative Coordinating Commission for employees of the joint offices and commissions;
new text end

new text begin (5) new text end the state Board of Public Defense for its employees;

deleted text begin (5) deleted text end new text begin (6) new text end Hennepin Healthcare System, Inc.; and

deleted text begin (6) deleted text end new text begin (7) new text end notwithstanding any other law to the contrary, the governing body of a political
subdivision or its agency or instrumentality which has final budgetary approval authority
for its employees. However, the views of elected appointing authorities who have standing
to initiate interest arbitration, and who are responsible for the selection, direction, discipline,
and discharge of individual employees shall be considered by the employer in the course
of the discharge of rights and duties under sections 179A.01 to 179A.25.

(b) When two or more units of government subject to sections 179A.01 to 179A.25
undertake a project or form a new agency under law authorizing common or joint action,
the employer is the governing person or board of the created agency. The governing official
or body of the cooperating governmental units shall be bound by an agreement entered into
by the created agency according to sections 179A.01 to 179A.25.

(c) "Public employer" or "employer" does not include a "charitable hospital" as defined
in section 179.35, subdivision 2, except that a charitable hospital as defined by section
179.35, subdivision 2, is a public employer for purposes of sections 179A.051, 179A.052,
and 179A.13.

(d) Nothing in this subdivision diminishes the authority granted pursuant to law to an
appointing authority with respect to the selection, direction, discipline, or discharge of an
individual employee if this action is consistent with general procedures and standards relating
to selection, direction, discipline, or discharge which are the subject of an agreement entered
into under sections 179A.01 to 179A.25.

Sec. 9.

new text begin [179A.106] LEGISLATIVE EMPLOYEE UNITS.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative employee units. new text end

new text begin (a) Each legislative appointing authority or
the authority's designee shall meet and negotiate with the exclusive representative of each
of the units specified in this section. The units specified in this section are the only
appropriate units for legislative employees. Legislative employees, unless otherwise excluded,
are included within the units that include the classifications to which they are assigned for
purposes of compensation. Initial assignment of classifications to bargaining units shall be
made by the hiring entities by August 15 of each even-numbered year. An exclusive
representative may appeal the initial assignment decision of the hiring entities by filing a
petition with the commissioner within 45 days of being certified as the exclusive
representative for legislative employees.
new text end

new text begin (b) The legislative unit consists of clerical, support, administrative, technical, and security
employees of a legislative entity.
new text end

new text begin (c) The legislative professional employee unit consists of professional employees of a
legislative entity.
new text end

new text begin (d) Copies of collective bargaining agreements entered into under this section must be
submitted to the Legislative Coordinating Commission for the commission's information.
new text end

new text begin Subd. 2. new text end

new text begin Exclusions. new text end

new text begin The following employees are excluded from the appropriate units
under subdivision 1:
new text end

new text begin (1) pages and interns;
new text end

new text begin (2) temporary employees;
new text end

new text begin (3) managerial employees;
new text end

new text begin (4) confidential employees; and
new text end

new text begin (5) supervisory employees.
new text end

new text begin Subd. 3. new text end

new text begin Employee organizations representing more than one legislative entity
unit. new text end

new text begin Whenever an employee organization or one or more subordinate bodies of the same
employee organization is certified as the exclusive representative of the employees in more
than one legislative entity unit, all legislative entity units for which the employee organization
or one or more subordinate bodies of the same employee organization has been certified
will be combined into one unit and the employee organization certified as an exclusive
representative of the employees of the new, combined unit. The commissioner shall issue
a certification within 45 days of receipt of a petition demonstrating that an employee
organization or one or more subordinate bodies of the same employee organization is certified
as the exclusive representative of employees in more than one legislative employee unit.
new text end

Sec. 10.

Minnesota Statutes 2020, section 179A.12, subdivision 4, is amended to read:

Subd. 4.

State unit elections.

The commissioner shall not consider a petition for a
decertification election during the term of a contract covering employees of the executive new text begin ,
legislative, new text end or judicial branches of the state of Minnesota except for a period from not more
than 270 to not less than 210 days before its date of termination.

Sec. 11.

new text begin [179A.227] LEGISLATIVE EMPLOYEES; NEGOTIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Employer. new text end

new text begin The employer of legislative employees, for purposes of
sections 179A.01 to 179A.25, is as follows:
new text end

new text begin (1) the secretary of the senate for senate employees;
new text end

new text begin (2) for employees of the house of representatives, the chief clerk of the house of
representatives; and
new text end

new text begin (3) for employees of the joint legislative offices and commissions, the executive director
of the Legislative Coordinating Commission.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin In all negotiations between a legislative entity and an exclusive
representative of legislative employees, a legislative entity must be represented by its
respective legislative appointing authority or the authority's designee.
new text end

new text begin Subd. 3. new text end

new text begin Agreements. new text end

new text begin The legislative appointing authorities are authorized to enter into
agreements with exclusive representatives.
new text end