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SF 778

as introduced - 88th Legislature (2013 - 2014) Posted on 05/17/2013 01:06pm

KEY: stricken = removed, old language.
underscored = added, new language.
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3.32

A bill for an act
relating to collective bargaining; authorizing collective bargaining for family
child care providers; 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.50] REPRESENTATION OF FAMILY CHILD CARE
PROVIDERS.
new text end

new text begin Sections 179A.50 to 179A.53 shall be known as the Family Child Care Providers
Representation Act.
new text end

Sec. 2.

new text begin [179A.51] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 179A.50 to 179A.53, the terms
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of mediation
services.
new text end

new text begin Subd. 3. new text end

new text begin Exclusive representative. new text end

new text begin "Exclusive representative" means a labor
organization that has been elected and certified under this chapter thereby maintaining the
right to represent family child care providers in their relations with the state.
new text end

new text begin Subd. 4. new text end

new text begin Family child care provider. new text end

new text begin "Family child care provider" means an
individual, either licensed or unlicensed, who provides legal child care services as defined
under section 245A.03, except for providers licensed under Minnesota Rules, chapter
9503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
clause (5), and who provides child care assistance services under chapter 119B.
new text end

new text begin Subd. 5. new text end

new text begin Labor organization. new text end

new text begin "Labor organization" means an organization that has
as its primary purpose the representation of public service providers in their relations with
the state and other public entities.
new text end

new text begin Subd. 6. new text end

new text begin State. new text end

new text begin "State" means the state of Minnesota.
new text end

Sec. 3.

new text begin [179A.52] RIGHT TO ORGANIZE.
new text end

new text begin Subdivision 1. new text end

new text begin Right to organize; limitations. new text end

new text begin Family child care providers shall
have the right to form, join, and participate in the activities of labor organizations of their
own choosing for the purpose of representation and meeting and negotiating with the state
on subjects pertaining to relations between the state and family child care providers.
Section 179A.22 applies to family child care providers except as otherwise provided in
this section. Family child care providers shall have the rights and obligations of public
employees pursuant to and solely for the purposes of chapter 179A, except as otherwise
provided in this section. Family child care providers shall have the same rights to interest
arbitration provided under section 179A.16, subdivision 2, to essential employees. This
section is not intended to grant family child care providers status as public employees for
any other purpose. Family child care providers shall not have the right to strike.
new text end

new text begin Subd. 2. new text end

new text begin Employer of record. new text end

new text begin For the purposes of chapter 179A, the state is the
public employer of record for family child care providers.
new text end

new text begin Subd. 3. new text end

new text begin Statewide unit. new text end

new text begin Notwithstanding any other law to the contrary, the only
bargaining unit under this section shall be a statewide unit of all family child care providers.
new text end

new text begin Subd. 4. new text end

new text begin Certification; process. new text end

new text begin For the purposes of determining certification,
the commissioner shall utilize a list of family child care providers compiled by the
commissioner of human services over the most recent 12-month period. Upon application
by petition, authorization cards, or union membership cards of a labor organization
adequately showing that a majority of family child care providers in the state desire to
be represented exclusively by that labor organization, and no other labor organization is
currently certified as the exclusive representative, the commissioner shall certify and
grant exclusive representation to the labor organization for the purposes set forth in this
section. Upon application by petition, authorization cards, or union membership cards of a
labor organization adequately showing that less than a majority, but at least 30 percent of
family child care providers in the state desire to be represented by that labor organization,
and no other labor organization is currently certified as the exclusive representative,
the commissioner shall conduct a certification election by mail ballot pursuant to the
procedures in chapter 179A.
new text end

new text begin Subd. 5. new text end

new text begin Meet and negotiate. new text end

new text begin If the commissioner certifies a labor organization as
the majority exclusive representative, the state, through the governor or the governor's
designee, shall meet and negotiate in good faith with the exclusive representative of the
family child care provider unit regarding issues of mutual concern. Issues of mutual
concern include quality standards and quality rating systems, the availability of training
opportunities and funding, reimbursement rates, access to benefits, changes to the state
system of providing early childhood education services, the collection and disbursement
of established dues or fees to the exclusive representative of family child care providers,
licensing and licensing actions, the monitoring and evaluating of family child care
providers, and any other matters that the parties agree would improve recruitment and
retention of qualified family child care providers and the quality of the programs they
provide. The governor or the governor's designee is authorized to enter into agreements
with the exclusive representative. Negotiated agreements and arbitration decisions must
be submitted to the legislature to be accepted or rejected in accordance with sections
3.855 and 179A.22.
new text end

new text begin Subd. 6. new text end

new text begin Exemption; federal law. new text end

new text begin In affording family child care providers the right
to engage in collective action, select a representative, and jointly engage in discussions
with the state under the terms of this section, the state intends that the "state action"
exemption from federal antitrust laws be fully available to the state, based on the state's
active supervision of family child care providers to improve the quality, accessibility, and
affordability of early childhood education services in the state.
new text end

new text begin Subd. 7. new text end

new text begin Rights. new text end

new text begin Nothing in this section shall be construed to interfere with:
new text end

new text begin (1) parental rights to select and deselect family child care providers or the ability of
family child care providers to establish the rates they charge to parents;
new text end

new text begin (2) the right or obligation of any state agency to communicate or meet with any
citizen or organization concerning family child care legislation, regulation, or policy; or
new text end

new text begin (3) the rights and responsibilities of family child care providers under federal law.
new text end

new text begin Subd. 8. new text end

new text begin Severability. new text end

new text begin Should any part of this act be declared invalid or
unenforceable, or the enforcement or compliance with it is suspended, restrained, or
barred, either by the state or by the final judgment of a court of competent jurisdiction, the
remainder of this act shall remain in full force and effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end