Minnesota Legislature
SF 4574
as introduced - 92nd Legislature (2021 - 2022) Posted on 05/05/2022 08:12am
Current Version - as introduced
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A bill for an act
relating to state government; eliminating legislature's role in approving or modifying
collective bargaining agreements and arbitration awards; amending Minnesota
Statutes 2020, section 3.855, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 3.855, subdivision 2, is amended to read:
Subd. 2.
State employee negotiations.
(a) The commissioner of management and budget
shall regularly advise the commission on the progress of collective bargaining activities
with state employees under the state Public Employment Labor Relations Act. During
negotiations, the commission may make recommendations to the commissioner as it deems
appropriate but no recommendation shall impose any obligation or grant any right or privilege
to the parties.
(b) The commissioner shall submit to the chair of the commission any deleted text begin negotiated
collective bargaining agreements, arbitration awards,deleted text end compensation plansdeleted text begin ,deleted text end or salaries for
legislative approval or disapproval. deleted text begin Negotiated agreements shall be submitted within five
days of the date of approval by the commissioner or the date of approval by the affected
state employees, whichever occurs later. Arbitration awards shall be submitted within five
days of their receipt by the commissioner.deleted text end If the commission disapproves a deleted text begin collective
bargaining agreement, award,deleted text end compensation plandeleted text begin ,deleted text end or salary, the commission shall specify
in writing to the parties those portions with which it disagrees and its reasons. If the
commission approves a deleted text begin collective bargaining agreement, award,deleted text end compensation plandeleted text begin ,deleted text end or
salary, it shall submit the matter to the legislature to be accepted or rejected under this
section.
(c) When the legislature is not in session, the commission may give interim approval to
a deleted text begin negotiated collective bargaining agreement,deleted text end salarydeleted text begin ,deleted text end new text begin ornew text end compensation plandeleted text begin , or arbitration
awarddeleted text end . deleted text begin When the legislature is not in session, failure of the commission to disapprove a
collective bargaining agreement or arbitration award within 30 days constitutes approval.deleted text end
The commission shall submit the deleted text begin negotiated collective bargaining agreements,deleted text end salariesdeleted text begin ,deleted text end new text begin ornew text end
compensation plansdeleted text begin , or arbitration awardsdeleted text end for which it has provided approval to the entire
legislature for ratification at a special legislative session called to consider them or at its
next regular legislative session as provided in this section. Approval or disapproval by the
commission is not binding on the legislature.
(d) When the legislature is not in session, the proposed deleted text begin collective bargaining agreement,
arbitration decision,deleted text end salarydeleted text begin ,deleted text end or compensation plan must be implemented upon its approval
by the commissiondeleted text begin , and state employees covered by the proposed agreement or arbitration
decision do not have the right to strike while the interim approval is in effectdeleted text end . Wages and
economic fringe benefit increases deleted text begin provided for in the agreement or arbitration decisiondeleted text end paid
in accordance with the interim approval by the commission are not affected, but the wages
or benefit increases must cease to be paid or provided effective upon the rejection of the
deleted text begin agreement, arbitration decision,deleted text end salarydeleted text begin ,deleted text end or compensation plan, or upon adjournment of the
legislature without acting on it.