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HF 83

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/14/2020 04:08pm

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

Bill Text Versions

Engrossments
Introduction Posted on 07/14/2020

Current Version - as introduced

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A bill for an act
relating to state government; abolishing the Public Employment Relations Board;
amending Minnesota Statutes 2018, sections 179A.04, subdivision 3; 179A.051;
179A.10, subdivision 1; 179A.13; 179A.135; repealing Minnesota Statutes 2018,
sections 179A.03, subdivision 2a; 179A.041; 179A.052.

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

Section 1.

Minnesota Statutes 2018, section 179A.04, subdivision 3, is amended to read:


Subd. 3.

Other duties.

(a) The commissioner shall:

(1) provide mediation services as requested by the parties until the parties reach
agreement, and may continue to assist parties after they have submitted their final positions
for interest arbitration;

(2) issue notices, subpoenas, and orders required by law to carry out duties under sections
179A.01 to 179A.25;

(3) assist the parties in formulating petitions, notices, and other papers required to be
filed with the commissionerdeleted text begin or the boarddeleted text end;

(4) conduct elections;

(5) certify the final results of any election or other voting procedure conducted under
sections 179A.01 to 179A.25;

(6) adopt rules relating to the administration of this chapter and the conduct of hearings
and elections;

(7) receive, catalogue, file, and make available to the public all decisions of arbitrators
and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions
to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), and
the commissioner's orders and decisions;

(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section
179A.20, subdivision 4, that is available to any employee in a unit not covered by a
contractual grievance procedure;

(9) maintain a schedule of state employee classifications or positions assigned to each
unit established in section 179A.10, subdivision 2;

(10) collect fees established by rule for empanelment of persons on the labor arbitrator
roster maintained by the commissioner or in conjunction with fair share fee challenges.
Arbitrator application fees will be $100 per year for initial applications and renewals effective
July 1, 2007;

(11) provide technical support and assistance to voluntary joint labor-management
committees established for the purpose of improving relationships between exclusive
representatives and employers, at the discretion of the commissioner;

(12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision
4
;new text begin and
new text end

(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
representatives for the resolution of grievance or interest disputes. Each person on the list
must be knowledgeable about collective bargaining and labor relations in the public sector,
well versed in state and federal labor law, and experienced in and knowledgeable about
labor arbitration. To the extent practicable, the commissioner shall appoint members to the
list so that the list is gender and racially diversedeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (14) upon request of the board, provide administrative support and other assistance to
the board, including assistance in development and adoption of board rules.
deleted text end

(b) From the names provided by representative organizations, the commissioner shall
maintain a list of arbitrators to conduct teacher discharge or termination hearings according
to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following
requirements:

(1) be a former or retired judge;

(2) be a qualified arbitrator on the list maintained by the bureau;

(3) be a present, former, or retired administrative law judge; or

(4) be a neutral individual who is learned in the law and admitted to practice in Minnesota,
who is qualified by experience to conduct these hearings, and who is without bias to either
party.

Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota
School Boards Association a list of up to 14 names of persons to be on the list. The
commissioner may adopt rules about maintaining and updating the list.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 179A.051, is amended to read:


179A.051 APPEALS OF COMMISSIONER'S DECISIONS.

deleted text begin (a)deleted text end Decisions of the commissioner relating to supervisory, confidential, essential, and
professional employees, appropriateness of a unit, or fair share fee challenges may be
reviewed on certiorari by the court of appeals. A petition for a writ of certiorari must be
filed and served on the other party or parties and the commissioner within 30 days from the
date of the mailing of the commissioner's decision. The petition must be served on the other
party or parties at the party's or parties' last known address.

deleted text begin (b) Decisions of the commissioner relating to unfair labor practices under section
179A.12, subdivision 11, may be appealed to the board if the appeal is filed with the board
and served on all other parties no later than 30 days after service of the commissioner's
decision.
deleted 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

Sec. 3.

Minnesota Statutes 2018, section 179A.10, subdivision 1, is amended to read:


Subdivision 1.

Exclusions.

The commissioner of management and budget shall meet
and negotiate with the exclusive representative of each of the units specified in this section,
except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in
this section are the only appropriate units for executive branch state employees. The following
employees shall be excluded from any appropriate unit:

(1) the positions and classes of positions in the classified and unclassified services defined
as managerial by the commissioner of management and budget in accordance with section
43A.18, subdivision 3, and so designated in the official state compensation schedules;

(2) unclassified positions in the Minnesota State Colleges and Universities defined as
managerial by the Board of Trustees;

(3) positions of all unclassified employees appointed by a constitutional officer;

(4) positions in the Bureau of Mediation Services deleted text beginand the Public Employment Relations
Board
deleted text end;

(5) positions of employees whose classification is pilot or chief pilot;

(6) administrative law judge and compensation judge positions in the Office of
Administrative Hearings; and

(7) positions of all confidential employees.

The governor may upon the unanimous written request of exclusive representatives of
units and the commissioner direct that negotiations be conducted for one or more units in
a common proceeding or that supplemental negotiations be conducted for portions of a unit
or units defined on the basis of appointing authority or geography.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, section 179A.13, is amended to read:


179A.13 UNFAIR LABOR PRACTICES.

Subdivision 1.

Actions.

deleted text begin(a)deleted text end 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 deleted text beginfile an unfair labor practice charge with the boarddeleted text endnew text begin bring an action
for injunctive relief and for damages caused by the unfair labor practice in the district court
of the county in which the practice is alleged to have occurred. A copy of any complaint
alleging an unfair labor practice must be filed with the commissioner at the time it is brought
in district court. The party bringing an unfair labor practice action in district court shall also
transmit to the commissioner any orders or judgments of the court within ten days of the
order or judgment
new text end.

deleted text begin (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 less than five days nor more than 20 days after serving
the complaint, 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.
deleted text end

deleted text begin (c) Designated investigators must conduct the investigation of charges.
deleted text end

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

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

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

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

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 deleted text beginor the boarddeleted text end;

(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; or

(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.

Subd. 3.

Employees.

Employee organizations, their agents or representatives, and public
employees are prohibited from:

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

(2) restraining or coercing a public employer in the election of representatives to be
employed to meet and negotiate or to adjust grievances;

(3) refusing to meet and negotiate in good faith with a public employer, if the employee
organization is the exclusive representative of employees in an appropriate unit;

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

(5) refusing to comply with a valid decision of an arbitration panel or arbitrator;

(6) calling, instituting, maintaining, or conducting a strike or boycott against any public
employer on account of any jurisdictional controversy;

(7) coercing or restraining any person with the effect to:

(i) force or require any public employer to cease dealing or doing business with any
other person;

(ii) force or require a public employer to recognize for representation purposes an
employee organization not certified by the commissioner;

(iii) refuse to handle goods or perform services; or

(iv) prevent an employee from providing services to the employer;

(8) committing any act designed to damage or actually damaging physical property or
endangering the safety of persons while engaging in a strike;

(9) forcing or requiring any employer to assign particular work to employees in a
particular employee organization or in a particular trade, craft, or class rather than to
employees in another employee organization or in another trade, craft, or class;

(10) causing or attempting to cause a public employer to pay or deliver or agree to pay
or deliver any money or other thing of value, in the nature of an exaction, for services which
are not performed or not to be performed;

(11) engaging in an unlawful strike;

(12) picketing which has an unlawful purpose such as secondary boycott;

(13) picketing which unreasonably interferes with the ingress and egress to facilities of
the public employer;

(14) seizing or occupying or destroying property of the employer;

(15) violating or refusing to comply with any lawful order or decision issued by the
commissioner deleted text beginor the boarddeleted 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

Sec. 5.

Minnesota Statutes 2018, section 179A.135, is amended to read:


179A.135 UNFAIR LABOR PRACTICES INVOLVING CHARITABLE
HOSPITALS.

Any charitable hospital as defined in section 179.35, subdivision 2, any hospital employee
as defined in section 179.35, subdivision 3, any labor organization as defined in section
179.01, subdivision 6, or any other person or organization connected with a charitable
hospital, who is aggrieved by an unfair labor practice as defined in sections 179.11 and
179.12, may file an unfair labor practice charge deleted text beginwith the Public Employment Relations
Board that will be processed in accordance with the provisions of sections 179A.051,
179A.052, and 179A.13
deleted text endnew text begin as provided in section 179A.13new 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

Sec. 6. new text beginAPPEALS PENDING BEFORE THE PUBLIC EMPLOYMENT RELATIONS
BOARD.
new text end

new text begin (a) Appeals pending before the Public Employment Relations Board are dismissed
without prejudice. An appellant whose appeal is dismissed under this section may file a
petition for writ of certiorari, and serve the other party or parties and the commissioner of
the Bureau of Mediation Services, within 60 days of the effective date of this section.
new text end

new text begin (b) Within 15 days of the effective date of this section, the commissioner of the Bureau
of Mediation Services must notify the appellants whose appeals are dismissed by this section
in writing that their appeal to the Public Employment Relations Board has been dismissed.
The notice must describe the option of filing a petition for writ of certiorari and provide the
deadline for that filing.
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

Sec. 7. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 179A.03, subdivision 2a; 179A.041; and 179A.052, new text end new text begin
are repealed.
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

APPENDIX

Repealed Minnesota Statutes: 20-8955

179A.03 DEFINITIONS.

Subd. 2a.

Board.

"Board" means the Public Employment Relations Board under section 179A.041.

179A.041 PUBLIC EMPLOYMENT RELATIONS BOARD; POWER, AUTHORITY, AND DUTIES.

Subdivision 1.

Membership.

The Public Employment Relations Board is established with three members. One member shall be an officer or employee of an exclusive representative of public employees and shall be appointed by the governor; one shall be representative of public employers and shall be appointed by the governor; and one shall be representative of the public at large and shall be appointed by the other two members. Public employers and employee organizations representing public employees may submit for consideration names of persons representing their interests. The board shall select one of its members to serve as chair for a term beginning July 1 of each year.

Subd. 2.

Alternate members.

(a) The appointing authorities shall appoint alternate members to serve only in the case of a member having a conflict of interest 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.

Subd. 3.

Terms; compensation.

The membership terms, compensation, removal of members, and filling of vacancies for members and alternate members shall be as provided in section 15.0575.

Subd. 4.

Rules; meetings.

The board shall adopt rules governing its procedure and shall hold meetings as prescribed in those rules. The chair shall convene and preside at meetings of the board.

Subd. 5.

Powers.

The board shall have the powers and authority required for the board to take the actions assigned to the board under section 179A.13.

Subd. 6.

Appeals.

In addition to the other powers and duties given it by law, the board shall hear and decide appeals from:

(1) recommended decisions and orders relating to an unfair labor practice under section 179A.13; and

(2) determinations of the commissioner under section 179A.12, subdivision 11.

Subd. 7.

Rulemaking.

The board shall adopt rules under chapter 14 governing the presentation of issues and the taking of appeals under subdivision 6. All issues and appeals presented to the board shall be determined upon the record of hearing, except that the board may request additional evidence when necessary or helpful.

Subd. 8.

Employees and contracts.

The board may hire investigators, hearing officers, and other employees as necessary to perform its duties, or may enter into contracts to perform any of the board's duties.

Subd. 9.

Conflict of interest.

A member must disclose any conflict of interest in a case before the board and shall not take any action or vote in the case. The person designated as the recused member's alternate shall serve in place of the member who has a conflict for all actions and votes on the case, unless the alternate has a conflict of interest. If both a member and the member's alternate have a conflict of interest in a case, the appointing authority will appoint a second alternate member, who meets the same requirements as the alternate member and who has no conflict of interest, to take action and vote in the case. A board member or alternate member has a conflict of interest in a case if the member is employed by, an officer of, a member of the governing body of, or a member of, a party in the case.

179A.052 APPEALS OF BOARD'S DECISIONS.

Decisions of the board relating to unfair labor practices under section 179.11, 179.12, 179A.12, subdivision 11, or 179A.13 including dismissal of unfair labor practice charges, may be reviewed on certiorari by the court of appeals. A petition for a writ of certiorari must be filed and served on the other party or parties and the board within 30 days from the date of the mailing of the board's decision. The petition must be served on the other party or parties at the party's or parties' last known address.