Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 322--H.F.No. 537
           An act relating to education; providing for the 
          inclusion of certain community college and state 
          university faculty members in the definition of an 
          employee under the Public Employment Labor Relations 
          Act; continuing final offer arbitration for certain 
          public employees; amending Minnesota Statutes 1982, 
          section 179.63, subdivision 7; amending Laws 1979, 
          chapter 332, article I, section 116, as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 179.63, 
subdivision 7, is amended to read: 
    Subd. 7.  "Public employee" or "employee" means any person 
appointed or employed by a public employer except: 
    (a) elected public officials; 
    (b) election officers; 
    (c) commissioned or enlisted personnel of the Minnesota 
national guard; 
    (d) emergency employees who are employed for emergency work 
caused by natural disaster; 
    (e) 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 bargaining unit; 
    (f) employees who hold positions of a basically temporary 
or seasonal character for a period not in excess of 100 working 
days in any calendar year; 
    The exclusions of clauses (e) and (f) shall not apply to: 
    (1) an employee hired by a school district, the community 
college board, or the state university board, except at the 
university established in section 136.017, or for community 
services or community education instruction offered on a 
noncredit basis to replace an absent teacher or faculty member 
who at the time of his absence is a "public employee" not within 
the other exclusions of this subdivision where the replacement 
employee is employed more than 30 working days as a replacement 
for that teacher or faculty member; and 
    (2) an employee hired by a school district, the community 
college board, or the state university board, except at the 
university established in section 136.017, or for community 
services or community education instruction offered on a 
noncredit basis for a teaching position created by increased 
enrollment, curriculum expansion, courses which are a part of 
the curriculum whether offered annually or not, or other 
appropriate reasons.  
     The provisions of paragraphs (1) and (2) above do not apply 
to an individual hired to teach one course for up to four 
credits for one quarter in a year.  
    Employees Community college and state university faculty 
members included as "public employees" pursuant to clauses (1) 
and (2) shall not be included under master contracts expiring 
June 30, 1981, for purposes of salary or fringe benefits 
commencing on or after July 1, 1983; 
    (g) employees providing services for not more than two 
consecutive quarters to the state university board or the 
community college board under the terms of a professional or 
technical services contract as defined in section 16.098;  
    (h) graduate assistants employed by the school in which 
they are enrolled in a graduate degree program; 
    (i) employees of charitable hospitals as defined by section 
179.35, subdivision 3; 
    (h) (j) full-time undergraduate students employed by the 
school which they attend under a work study program or in 
connection with the receipt of any financial aid, irrespective 
of number of hours of service per week;  
    (i) (k) an individual who renders part-time teaching 
service for less than 300 hours in a fiscal year as an 
instructor in an adult vocational education program.  
    Sec. 2.  Laws 1979, chapter 332, article I, section 116, as 
amended by Laws 1980, chapter 617, section 44, and Laws 1982, 
chapter 568, section 6, is amended to read:  
    Sec. 116.  [EFFECTIVE DATE.] 
    The effective dates for Article I are as follows:  sections 
2, 4, 8, 40, 45, 46, 47, 58, 61, 65, 82 to 91, and 113 are 
effective upon final enactment.  Section 64, is effective June 
30, 1980.  Sections 3, 5, 6 and 7 are effective July 1, 1981.  
The remaining provisions of Article I are effective July 1, 
1979.  The provisions of section 47 shall apply to all 
disciplinary actions taken on or after the effective date of 
section 47.  The provisions of section 63 shall expire on July 
1, 1981, but shall apply to all arbitration proceedings which 
are to determine contractual provisions for the 1981-1983 
biennium.  The provisions of section 64 shall expire on July 1, 
1983 1984, but shall apply to all arbitration proceedings which 
are to determine contractual provisions for the next contract 
period.  The provisions of sections 93 to 111 and 113 shall 
expire on July 1, 1981.  The provisions of section 137.02, 
subdivision 4, shall not apply to sections 93 to 111.  
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective July 1, 1983. 
    Approved June 14, 1983