Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 364--S.F.No. 862
           An act relating to public employment; providing rights 
          for certain part-time employees; amending the 
          definition of supervisory employee; providing that the 
          public employer's duty to bargain supersedes all 
          municipal charters, ordinances or resolutions; 
          amending Minnesota Statutes 1982, sections 179.63, 
          subdivisions 7 and 9; 179.66, subdivision 2; and 
          179.71, subdivision 8. 
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 67 
working days in any calendar year; 
    (g) employees who hold positions of a basically temporary 
character for a period not in excess of 100 working days in a 
calendar year, or part-time employees, who are under the age of 
22, are full-time students enrolled in a nonprofit or public 
educational institution prior to their being hired by an 
employer and who have indicated, either in their application for 
employment or by being enrolled at an educational institution 
for the next academic year or term, an intention to continue as 
students during or after their temporary or part-time employment.
    The exclusions of clauses (e) and (f) shall not apply to: 
    (1) an employee hired by a school district to replace an 
absent teacher 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; and 
     (2) an employee hired by a school district 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. 
     Employees 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; 
    (g) (h) employees of charitable hospitals as defined by 
section 179.35, subdivision 3; 
    (h) (i) 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) (j) 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.  Minnesota Statutes 1982, section 179.63, 
subdivision 9, is amended to read: 
    Subd. 9.  "Supervisory employee," when the reference is to 
other than essential employees as defined in subdivision 11, 
means any a person having who has authority in the interests of 
the employer to hire, transfer, suspend, promote, discharge, 
assign, reward or discipline other employees or responsibly to 
direct them or adjust their grievances on behalf of the 
employer, or to effectively recommend any of the aforesaid 
actions, if in connection with the foregoing the exercise of 
such the authority is not merely routine or clerical in nature 
but requires the use of independent judgment.  Any A 
determination of "supervisory employee" may be appealed to the 
public employment relations board. 
    Effective May 2, 1983, the removal of employees by the 
employer from nonsupervisory bargaining units for the purpose of 
designating the employees as "supervisory employees" shall 
require either the prior written agreement of the exclusive 
representative and the written approval of the director or a 
separate determination by the director before the redesignation 
is effective.  
    Sec. 3.  Minnesota Statutes 1982, section 179.66, 
subdivision 2, is amended to read: 
    Subd. 2.  A public employer has an obligation to meet and 
negotiate in good faith with the exclusive representative of the 
public employees in an appropriate unit regarding grievance 
procedures and the terms and conditions of employment, but such 
the obligation does not compel the public employer or its 
representative to agree to a proposal or require the making of a 
concession. 
    The public employer's duty under this subdivision exists 
notwithstanding contrary provisions in a municipal charter, 
ordinance, or resolution.  A provision of a municipal charter, 
ordinance, or resolution which limits or restricts a public 
employer from negotiating or from entering into binding 
contracts with exclusive representatives is superseded by this 
subdivision.  
    Sec. 4.  Minnesota Statutes 1982, section 179.71, 
subdivision 8, is amended to read: 
    Subd. 8.  Hearings and mediation meetings authorized by 
this section shall be held in the county which best meets the 
conveniences of the witnesses, but such hearings may be held at 
a time and place as is agreed to by the petitioner and those 
parties affected by the petition determined by the director, 
but, whenever practical, a hearing shall be held in the general 
geographic area where the question has arisen or exists. 
    Sec. 5.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment.  
    Approved June 14, 1983