Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 462-S.F.No. 1986
An act relating to public employment labor relations;
recodifying the public employment labor relations act;
proposing new law coded as Minnesota Statutes, chapter
179A; repealing Minnesota Statutes 1982, sections
179.61 to 179.76, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CITATION.]
This act shall be known as the 1984 Public Employment Labor
Relations Recodification Act. The intent of this act is to
eliminate obsolete and redundant language, arrange the
provisions governing public sector labor relations in a more
logical order, and make the law easier to read and understand.
Sec. 2. [179A.01] [PUBLIC POLICY.]
It is the public policy of this state and the purpose of
sections 179A.01 to 179A.25 to promote orderly and constructive
relationships between all public employers and their employees.
This policy is subject to the paramount right of the citizens of
this state to keep inviolate the guarantees for their health,
education, safety, and welfare.
The relationships between the public, public employees, and
employer governing bodies involve responsibilities to the public
and a need for cooperation and employment protection which are
different from those found in the private sector. The
importance or necessity of some services to the public can
create imbalances in the relative bargaining power between
public employees and employers. As a result, unique approaches
to negotiations and resolutions of disputes between public
employees and employers are necessary.
Unresolved disputes between the public employer and its
employees are injurious to the public as well as to the parties.
Adequate means must be established for minimizing them and
providing for their resolution. Within these limitations and
considerations, the legislature has determined that overall
policy is best accomplished by:
(1) granting public employees certain rights to organize
and choose freely their representatives;
(2) requiring public employers to meet and negotiate with
public employees in an appropriate bargaining unit and providing
that the result of bargaining be in written agreements; and
(3) establishing special rights, responsibilities,
procedures, and limitations regarding public employment
relationships which will provide for the protection of the
rights of the public employee, the public employer, and the
public at large.
Nothing in sections 179A.01 to 179A.25 impairs, modifies,
or alters the authority of the legislature to establish rates of
pay, or retirement or other benefits for its employees.
Sec. 3. [179A.02] [CITATION.]
Sections 179A.01 to 179A.25 shall be known as the Public
Employment Labor Relations Act.
Sec. 4. [179A.03] [DEFINITIONS.]
Subdivision 1. [GENERAL.] For the purposes of sections
179A.01 to 179A.25, the terms defined in this section have the
meanings given them unless otherwise stated.
Subd. 2. [APPROPRIATE UNIT.] "Appropriate unit" or "unit"
means a unit of employees determined under sections 179A.09 to
179A.11. For school districts, the term means all the teachers
in the district.
Subd. 3. [BOARD.] "Board" means the Minnesota public
employment relations board.
Subd. 4. [CONFIDENTIAL EMPLOYEE.] "Confidential employee"
means any employee who works in the personnel offices of a
public employer or who:
(1) has access to information subject to use by the public
employer in meeting and negotiating; or
(2) actively participates in the meeting and negotiating on
behalf of the public employer.
However, for executive branch employees of the state or
employees of the regents of the University of Minnesota,
"confidential employee" means any employee who:
(a) has access to information subject to use by the public
employer in collective bargaining; or
(b) actively participates in collective bargaining on
behalf of the public employer.
Subd. 5. [DIRECTOR.] "Director of mediation services" or
"director" means the director of the bureau of mediation
services.
Subd. 6. [EMPLOYEE ORGANIZATION.] "Employee organization"
means any union or organization of public employees whose
purpose is, in whole or in part, to deal with public employers
concerning grievances and terms and conditions of employment.
Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.855, guards at correctional facilities, employees
of hospitals other than state hospitals, confidential employees,
supervisory employees, principals, and assistant principals.
However, for state employees, "essential employee" means all
employees in law enforcement, health care professionals,
correctional guards, professional engineering, and supervisory
collective bargaining units, irrespective of severance, and no
other employees. For University of Minnesota employees,
"essential employee" means all employees in law enforcement,
nursing professional and supervisory units, irrespective of
severance, and no other employees. "Firefighters" means
salaried employees of a fire department whose duties include,
directly or indirectly, controlling, extinguishing, preventing,
detecting, or investigating fires.
Subd. 8. [EXCLUSIVE REPRESENTATIVE.] "Exclusive
representative" means an employee organization which has been
certified by the director under section 179A.12 to meet and
negotiate with the employer on behalf of all employees in the
appropriate unit.
Subd. 9. [FAIR SHARE FEE CHALLENGE.] "Fair share fee
challenge" means any proceeding or action instituted by a public
employee, a group of public employees, or any other person, to
determine their rights and obligations with respect to the
circumstances or the amount of a fair share fee.
Subd. 10. [MEET AND CONFER.] "Meet and confer" means the
exchange of views and concerns between employers and their
employees.
Subd. 11. [MEET AND NEGOTIATE.] "Meet and negotiate" means
the performance of the mutual obligations of public employers
and the exclusive representatives of public employees to meet at
reasonable times, including where possible meeting in advance of
the budget making process, with the good faith intent of
entering into an agreement on terms and conditions of
employment. This obligation does not compel either party to
agree to a proposal or to make a concession.
Subd. 12. [PRINCIPAL.] "Principal" and "assistant
principal" means any person so licensed by the state board of
education who devotes more than 50 percent of his or her time to
administrative or supervisory duties.
Subd. 13. [PROFESSIONAL EMPLOYEE.] "Professional employee"
means:
(a) any employee engaged in work (i) predominantly
intellectual and varied in character as opposed to routine
mental, manual, mechanical, or physical work; (ii) involving the
consistent exercise of discretion and judgment in its
performance; (iii) of a character that the output produced or
the result accomplished cannot be standardized in relation to a
given period of time; and (iv) requiring advanced knowledge in a
field of science or learning customarily acquired by a prolonged
course of specialized intellectual instruction and study in an
institution of higher learning or a hospital, as distinguished
from a general academic education, an apprenticeship, or
training in the performance of routine mental, manual, or
physical processes; or
(b) any employee, who (i) has completed the course of
advanced instruction and study described in clause (iv) of
paragraph (a); and (ii) is performing related work under the
supervision of a professional person to qualify as a
professional employee as defined in paragraph (a); or
(c) a teacher.
Subd. 14. "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 appropriate unit;
(f) employees whose positions are basically temporary or
seasonal in character and: (1) are not for more than 67 working
days in any calendar year; or (2) are not for more than 100
working days in any calendar year and the employees are under
the age of 22, are full-time students enrolled in a nonprofit or
public educational institution prior to being hired by the
employer, and have indicated, either in an 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 employment;
(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;
(j) full-time undergraduate students employed by the school
which they attend under a work study program or in connection
with the receipt of financial aid, irrespective of number of
hours of service per week;
(k) an individual who is employed for less than 300 hours
in a fiscal year as an instructor in an adult vocational
education program;
(l) an individual hired by a school district, the community
college board, or the state university board, to teach one
course for up to four credits for one quarter in a year.
The following individuals are "public employees" regardless
of the exclusions of clauses (e) and (f):
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: (1) to replace an absent teacher or faculty
member who is a public employee, where the replacement employee
is employed more than 30 working days as a replacement for that
teacher or faculty member; or (2) to take a teaching position
created due to increased enrollment, curriculum expansion,
courses which are a part of the curriculum whether offered
annually or not, or other appropriate reasons.
Subd. 15. [PUBLIC EMPLOYER.] "Public employer" or
"employer" means:
(a) the state of Minnesota for employees of the state not
otherwise provided for in this subdivision or section 179A.10
for executive branch employees;
(b) the board of regents of the University of Minnesota for
its employees; and
(c) notwithstanding any other law to the contrary, the
governing body of a political subdivision or its agency or
instrumentality which has final budgetary approval authority for
its employees. However, the views of elected appointing
authorities who have standing to initiate interest arbitration,
and who are responsible for the selection, direction,
discipline, and discharge of individual employees shall be
considered by the employer in the course of the discharge of
rights and duties under sections 179A.01 to 179A.25.
When two or more units of government subject to sections
179A.01 to 179A.25 undertake a project or form a new agency
under law authorizing common or joint action, the employer is
the governing person or board of the created agency. The
governing official or body of the cooperating governmental units
shall be bound by an agreement entered into by the created
agency according to sections 179A.01 to 179A.25.
"Public employer" or "employer" does not include a
"charitable hospital" as defined in section 179.35, subdivision
2.
Nothing in this subdivision diminishes the authority
granted pursuant to law to an appointing authority with respect
to the selection, direction, discipline, or discharge of an
individual employee if this action is consistent with general
procedures and standards relating to selection, direction,
discipline, or discharge which are the subject of an agreement
entered into under sections 179A.01 to 179A.25.
Subd. 16. [STRIKE.] "Strike" means concerted action in
failing to report for duty, the willful absence from one's
position, the stoppage of work, slowdown, or the abstinence in
whole or in part from the full, faithful, and proper performance
of the duties of employment for the purposes of inducing,
influencing, or coercing a change in the conditions or
compensation or the rights, privileges, or obligations of
employment.
Subd. 17. [SUPERVISORY EMPLOYEE.] "Supervisory employee"
means a person who has the authority to undertake a majority of
the following supervisory functions in the interests of the
employer: hiring, transfer, suspension, promotion, discharge,
assignment, reward, or discipline of other employees, direction
of the work of other employees, or adjustment of other
employees' grievances on behalf of the employer. To be included
as a supervisory function which the person has authority to
undertake, the exercise of the authority by the person may not
be merely routine or clerical in nature but must require the use
of independent judgment. An employee, other than an essential
employee, who has authority to effectively recommend a
supervisory function, is deemed to have authority to undertake
that supervisory function for the purposes of this subdivision.
The administrative head of a municipality, municipal utility, or
police or fire department, and the administrative head's
assistant, are always considered supervisory employees. A
determination that a person is or is not a "supervisory
employee" may be appealed to the public employment relations
board.
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.
Subd. 18. [TEACHER.] "Teacher" means any public employee
other than a superintendent or assistant superintendent,
principal, assistant principal, or a supervisory or confidential
employee, employed by a school district:
(1) in a position for which the person must be licensed by
the board of teaching or the state board of education; or
(2) in a position as a physical therapist or an
occupational therapist.
Subd. 19. [TERMS AND CONDITIONS OF EMPLOYMENT.] "Terms and
conditions of employment" means the hours of employment, the
compensation therefor including fringe benefits except
retirement contributions or benefits, and the employer's
personnel policies affecting the working conditions of the
employees. In the case of professional employees the term does
not mean educational policies of a school district. "Terms and
conditions of employment" is subject to section 179A.07.
Sec. 5. [179A.04] [DIRECTOR'S POWER, AUTHORITY, AND
DUTIES.]
Subdivision 1. [PETITIONS.] The director shall accept and
investigate all petitions for:
(a) certification or decertification as the exclusive
representative of an appropriate unit;
(b) mediation services;
(c) any election or other voting procedures provided for in
sections 179A.01 to 179A.25;
(d) certification to the board of arbitration; and
(e) fair share fee challenges, upon the receipt of a filing
fee. The director shall hear and decide all issues in a fair
share fee challenge.
Subd. 2. [UNIT DETERMINATION.] The director shall
determine appropriate units, under the criteria of section
179A.09.
Subd. 3. [OTHER DUTIES.] The director shall:
(a) provide mediation services as requested by the parties
until the parties reach agreement. The director may continue to
assist parties after they have submitted their final positions
for interest arbitration;
(b) issue notices, subpoenas, and orders required by law to
carry out duties under sections 179A.01 to 179A.25;
(c) certify to the board items of dispute between parties
subject to action of the board under section 179A.16;
(d) assist the parties in formulating petitions, notices,
and other papers required to be filed with the director or the
board;
(e) certify the final results of any election or other
voting procedure conducted under sections 179A.01 to 179A.25;
(f) adopt rules regulating the forms of petitions, notices,
and orders; and the conduct of hearings and elections;
(g) receive, catalogue, and file all orders and decisions
of the board, all decisions of arbitration panels authorized by
sections 179A.01 to 179A.25, all grievance arbitration
decisions, and the director's orders and decisions. All orders
and decisions catalogued and filed shall be readily available to
the public;
(h) adopt, subject to chapter 14, a grievance procedure to
fulfill the purposes of section 179A.20, subdivision 4. The
grievance procedure shall not provide for the services of the
bureau of mediation services. The grievance procedure shall be
available to any employee in a unit not covered by a contractual
grievance procedure;
(i) conduct elections;
(j) maintain a schedule of state employee classifications
or positions assigned to each unit established in section
179A.10, subdivision 2.
Subd. 4. [LOCATION OF HEARINGS.] Hearings and mediation
meetings authorized by this section shall be held at a time and
place 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. 6. [179A.05] [PUBLIC EMPLOYMENT RELATIONS BOARD;
POWERS AND DUTIES.]
Subdivision 1. [MEMBERSHIP.] The public employment
relations board is established with five members appointed by
the governor. Two members shall be representative of public
employees; two shall be representative of public employers; and
one shall be representative of the public at large. 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 chairman for a term beginning May 1 each
year.
Subd. 2. [TERMS, COMPENSATION.] The membership terms,
compensation, removal of members, and filling of vacancies on
the board shall be as provided in section 15.0575.
Subd. 3. [RULES, MEETINGS.] The board shall adopt rules
governing its procedure and shall hold meetings as prescribed in
those rules. The chairman shall preside at meetings of the
board.
Subd. 4. [OTHER POWERS.] In addition to the other powers
and duties given it by law, the board has the following powers
and duties:
(a) to hear and decide appeals from determinations of the
director relating to "supervisory employee," "confidential
employee," "essential employee," or "professional employee";
(b) to hear and decide appeals from determinations of the
director relating to the appropriateness of a unit;
(c) to hear and decide on the record, determinations of the
director relating to a fair share fee challenge.
Subd. 5. [APPEALS.] The board shall adopt rules under
chapter 14 governing the presentation of issues and the taking
of appeals relating to matters included in subdivision 4. All
issues and appeals presented to the board shall be determined
upon the record established by the director, except that the
board may request additional evidence when necessary or helpful.
Subd. 6. [LIST OF ARBITRATORS.] The board shall maintain a
list of names of arbitrators qualified by experience and
training in the field of labor management negotiations and
arbitration. Names on the list may be selected and removed at
any time by a majority of the board. In maintaining the list
the board shall, to the maximum extent possible, select persons
from varying geographical areas of the state.
Subd. 7. [ARBITRATION.] The board shall provide the
parties with a list of arbitrators under section 179A.16,
subdivision 4.
Sec. 7. [179A.06] [RIGHTS AND OBLIGATIONS OF EMPLOYEES.]
Subdivision 1. [EXPRESSION OF VIEWS.] Sections 179A.01 to
179A.25 do not affect the right of any public employee or the
employee's representative to express or communicate a view,
grievance, complaint, or opinion on any matter related to the
conditions or compensation of public employment or their
betterment, so long as this is not designed to and does not
interfere with the full faithful and proper performance of the
duties of employment or circumvent the rights of the exclusive
representative. Sections 179A.01 to 179A.25 do not require any
public employee to perform labor or services against the
employee's will.
If no exclusive representative has been certified, any
public employee individually, or group of employees through
their representative, has the right to express or communicate a
view, grievance, complaint, or opinion on any matter related to
the conditions or compensation of public employment or their
betterment, by meeting with their public employer or the
employer's representative, so long as this is not designed to
and does not interfere with the full, faithful, and proper
performance of the duties of employment.
Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the
right to form and join labor or employee organizations, and have
the right not to form and join such organizations. Public
employees in an appropriate unit have the right by secret ballot
to designate an exclusive representative to negotiate grievance
procedures and the terms and conditions of employment with their
employer. Confidential employees of the state and the
University of Minnesota are excluded from bargaining. Other
confidential employees, supervisory employees, principals, and
assistant principals may form their own organizations. An
employer shall extend exclusive recognition to a representative
of or an organization of supervisory or confidential employees,
or principals and assistant principals, for the purpose of
negotiating terms or conditions of employment, in accordance
with sections 179A.01 to 179A.25, applicable to essential
employees.
Supervisory or confidential employee organizations shall
not participate in any capacity in any negotiations which
involve units of employees other than supervisory or
confidential employees. Except for organizations which
represent supervisors who are: (1) firefighters, peace officers
subject to licensure under sections 626.84 to 626.855, guards at
correctional facilities, or employees at hospitals other than
state hospitals; and (2) not state or University of Minnesota
employees, a supervisory or confidential employee organization
which is affiliated with another employee organization which is
the exclusive representative of nonsupervisory or
nonconfidential employees of the same public employer shall not
be certified, or act as, an exclusive representative for the
supervisory or confidential employees. For the purpose of this
subdivision, affiliation means either direct or indirect and
includes affiliation through a federation or joint body of
employee organizations.
Subd. 3. [FAIR SHARE FEE.] An exclusive representative may
require employees who are not members of the exclusive
representative to contribute a fair share fee for services
rendered by the exclusive representative. The fair share fee
shall be equal to the regular membership dues of the exclusive
representative, less the cost of benefits financed through the
dues and available only to members of the exclusive
representative. In no event shall the fair share fee exceed 85
percent of the regular membership dues. The exclusive
representative shall provide advance written notice of the
amount of the fair share fee to the director, the employer, and
to unit employees who will be assessed the fee. The employer
shall provide the exclusive representative with a list of all
unit employees.
A challenge by an employee or by a person aggrieved by the
fee shall be filed in writing with the director, the public
employer, and the exclusive representative within 30 days after
receipt of the written notice. All challenges shall specify
those portions of the fee challenged and the reasons for the
challenge. The burden of proof relating to the amount of the
fair share fee is on the exclusive representative. The director
shall hear and decide all issues in these challenges.
The employer shall deduct the fee from the earnings of the
employee and transmit the fee to the exclusive representative 30
days after the written notice was provided. If a challenge is
filed, the deductions for a fair share fee shall be held in
escrow by the employer pending a decision by the director.
Subd. 4. [MEET AND CONFER.] Professional employees have
the right to meet and confer under section 179A.08 with public
employers regarding policies and matters other than terms and
conditions of employment.
Subd. 5. [MEET AND NEGOTIATE.] Public employees, through
their certified exclusive representative, have the right and
obligation to meet and negotiate in good faith with their
employer regarding grievance procedures and the terms and
conditions of employment, but this obligation does not compel
the exclusive representative to agree to a proposal or require
the making of a concession.
Subd. 6. [DUES CHECK OFF.] Public employees have the right
to request and be allowed dues check off for the exclusive
representative. In the absence of an exclusive representative,
public employees have the right to request and be allowed dues
check off for the organization of their choice.
Sec. 8. [179A.07] [RIGHTS AND OBLIGATIONS OF EMPLOYERS.]
Subdivision 1. [INHERENT MANAGERIAL POLICY.] A public
employer is not required to meet and negotiate on matters of
inherent managerial policy. Matters of inherent managerial
policy include, but are not limited to, such areas of discretion
or policy as the functions and programs of the employer, its
overall budget, utilization of technology, the organizational
structure, selection of personnel, and direction and the number
of personnel. No public employer shall sign an agreement which
limits its right to select persons to serve as supervisory
employees or state managers under section 43A.18, subdivision 3,
or requires the use of seniority in their selection.
Subd. 2. [MEET AND NEGOTIATE.] A public employer has an
obligation to meet and negotiate in good faith with the
exclusive representative of public employees in an appropriate
unit regarding grievance procedures and the terms and conditions
of employment, but this 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.
Subd. 3. [MEET AND CONFER.] A public employer has the
obligation to meet and confer, under section 179A.08, with
professional employees to discuss policies and other matters
relating to their employment which are not terms and conditions
of employment.
Subd. 4. [OTHER COMMUNICATION.] If an exclusive
representative has been certified for an appropriate unit, the
employer shall not meet and negotiate or meet and confer with
any employee or group of employees who are in that unit except
through the exclusive representative. This subdivision does not
prevent communication to the employer, other than through the
exclusive representative, of advice or recommendations by
professional employees, if this communication is a part of the
employee's work assignment.
Subd. 5. [ARBITRATORS PAY AND HIRING.] An employer may
hire and pay for arbitrators desired or required by sections
179A.01 to 179A.25.
Subd. 6. [TIME OFF.] A public employer must afford
reasonable time off to elected officers or appointed
representatives of the exclusive representative to conduct the
duties of the exclusive representative and must, upon request,
provide for leaves of absence to elected or appointed officials
of the exclusive representative.
Sec. 9. [179A.08] [POLICY CONSULTANTS.]
Subdivision 1. [PROFESSIONAL EMPLOYEES.] The legislature
recognizes that professional employees possess knowledge,
expertise, and dedication which is helpful and necessary to the
operation and quality of public services and which may assist
public employers in developing their policies. It is,
therefore, the policy of this state to encourage close
cooperation between public employers and professional employees
by providing for discussions and the mutual exchange of ideas
regarding all matters that are not terms and conditions of
employment.
Subd. 2. [MEET AND CONFER.] The professional employees
shall select a representative to meet and confer with a
representative or committee of the public employer on matters
not specified under section 179A.03, subdivision 19, relating to
the services being provided to the public. The public employer
shall provide the facilities and set the time for these
conferences to take place. The parties shall meet at least once
every four months.
Sec. 10. [179A.09] [UNIT DETERMINATION.]
Subdivision 1. [CRITERIA.] In determining the appropriate
unit, the director shall consider the principles and the
coverage of uniform comprehensive position classification and
compensation plans of the employees, professions and skilled
crafts, and other occupational classifications, relevant
administrative and supervisory levels of authority, geographical
location, history, extent of organization, the recommendation of
the parties, and other relevant factors. The director shall
place particular importance upon the history and extent of
organization, and the desires of the petitioning employee
representatives.
Subd. 2. [PROHIBITIONS.] The director shall not designate
an appropriate unit which includes essential employees with
other employees.
Sec. 11. [179A.10] [STATE UNITS.]
Subdivision 1. [EXCLUSIONS.] The commissioner of employee
relations shall meet and negotiate with the exclusive
representative of each of the units specified in this section.
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 employee relations in accordance with
section 43A.18, subdivision 3, and so designated in the official
state compensation schedules;
(2) unclassified positions in the state university system
and the community college system defined as managerial by their
respective boards;
(3) positions of physician employees compensated under
section 43A.17, subdivision 4;
(4) positions of all unclassified employees appointed by a
constitutional officer;
(5) positions in the bureau of mediation services and the
public employment relations board;
(6) positions of employees whose classification is pilot or
chief pilot;
(7) hearing examiner and compensation judge positions in
the office of administrative hearings; and
(8) 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.
Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless
otherwise excluded, are included within the units which include
the classifications to which they are assigned for purposes of
compensation. Supervisory employees shall only be assigned to
units 12 and 16. The following are the appropriate units of
executive branch state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) community college instructional unit;
(11) state university administrative unit;
(12) professional engineering unit;
(13) health treatment unit;
(14) general professional unit;
(15) professional state residential instructional unit; and
(16) supervisory employees unit.
Each unit consists of the classifications or positions
assigned to it in the schedule of state employee job
classification and positions maintained by the director. The
director may only make changes in the schedule in existence on
the day prior to the effective date of this section as required
by law or as provided in subdivision 4.
Subd. 3. [STATE EMPLOYEE SEVERANCE.] Each of the following
groups of employees has the right, as specified in this
subdivision, to separate from the general professional, health
treatment, or general supervisory units provided for in
subdivision 1: attorneys, physicians, professional employees of
the higher education coordinating board who are compensated
pursuant to section 43A.18, subdivision 4, state
patrol-supervisors, and criminal apprehension
investigative-supervisors. This right shall be exercised by
petition during the 60-day period commencing 270 days prior to
the termination of a contract covering the units. If one of
these groups of employees exercises the right to separate from
the units they shall have no right to meet and negotiate, but
shall retain the right to meet and confer with the commissioner
of employee relations and with the appropriate appointing
authority on any matter of concern to them. The manner of
exercise of the right to separate shall be as follows: An
employee organization or group of employees claiming that a
majority of any one of these groups of employees on a state-wide
basis wish to separate from their units may petition the
director for an election during the petitioning period. If the
petition is supported by a showing of at least 30 percent
support for the petitioner from the employees, the director
shall hold an election to ascertain the wishes of the majority
with respect to the issue of remaining within or severing from
the units provided in subdivision 1. This election shall be
conducted within 30 days of the close of the petition period. If
a majority of votes cast endorse severance from the unit in
favor of separate meet and confer status for any one of these
groups of employees, the director shall certify that result.
This election shall, where not inconsistent with other
provisions of this section, be governed by section 179A.16. If
a group of employees elects to sever they may rejoin that unit
by following the same procedures specified above for severance,
but may only do so during the periods provided for severance.
Subd. 4. [OTHER ASSIGNMENTS.] The director shall assign
state employee classifications, University of Minnesota employee
classifications, and supervisory positions to the appropriate
units when the classifications or positions have not been
assigned under subdivision 2 or section 179A.11 or have been
significantly modified in occupational content subsequent to
assignment under these sections. The assignment of the classes
shall be made on the basis of the community of interest of the
majority of employees in these classes with the employees within
the statutory units. All the employees in a class, excluding
supervisory and confidential employees, shall be assigned to a
single appropriate unit.
Sec. 12. [179A.11] [UNIVERSITY OF MINNESOTA.]
Subdivision 1. [UNITS.] The following are the appropriate
units of University of Minnesota employees. All units shall
exclude managerial and confidential employees. Supervisory
employees shall only be assigned to unit 12. No additional
units of University of Minnesota employees shall be recognized
for the purpose of meeting and negotiating.
(1) The law enforcement unit consists of the positions of
all employees with the power of arrest.
(2) The craft and trades unit consists of the positions of
all employees whose work requires specialized manual skills and
knowledge acquired through formal training or apprenticeship or
equivalent on-the-job training or experience.
(3) The service, maintenance, and labor unit consists of
the positions of all employees whose work is typically that of
maintenance, service, or labor and which does not require
extensive previous training or experience, except as provided in
unit 4.
(4) The health care nonprofessional and service unit
consists of the positions of all nonprofessional employees of
the University of Minnesota hospitals, dental school, and health
service whose work is unique to those settings, excluding labor
and maintenance employees as defined in unit 3.
(5) The nursing professional unit consists of all positions
which are required to be filled by registered nurses.
(6) The clerical and office unit consists of the positions
of all employees whose work is typically clerical or
secretarial, including nontechnical data recording and retrieval
and general office work, except as provided in unit 4.
(7) The technical unit consists of the positions of all
employees whose work is not typically manual and which requires
specialized knowledge or skills acquired through two-year
academic programs or equivalent experience or on-the-job
training, except as provided in unit 4.
(8) The Twin Cities instructional unit consists of the
positions of all instructional employees with the rank of
professor, associate professor, assistant professor, including
research associate or instructor, including research fellow,
located on the Twin Cities campuses.
(9) The outstate instructional unit consists of the
positions of all instructional employees with the rank of
professor, associate professor, assistant professor, including
research associate or instructor, including research fellow,
located at the Duluth campus, provided that the positions of
instructional employees of the same ranks at the Morris,
Crookston, or Waseca campuses shall be included within this unit
if a majority of the eligible employees voting at a campus so
vote during an election conducted by the director, provided that
the election shall not be held until the Duluth campus has voted
in favor of representation. The election shall be held when an
employee organization or group of employees petitions the
director stating that a majority of the eligible employees at
one of these campuses wishes to join the unit and this petition
is supported by a showing of at least 30 percent support from
eligible employees at that campus and is filed between September
1 and November 1.
Should both units 8 and 9 elect exclusive bargaining
representatives, those representatives may by mutual agreement
jointly negotiate a contract with the regents, or may negotiate
separate contracts with the regents. If the exclusive
bargaining representatives jointly negotiate a contract with the
regents, the contract shall be ratified by each unit.
(10) The graduate assistant unit consists of the positions
of all graduate assistants who are enrolled in the graduate
school and who hold the rank of research assistant, teaching
assistant, teaching associate I or II, project assistant, or
administrative fellow I or II.
(11) The noninstructional professional unit consists of the
positions of all employees meeting the requirements of section
179A.03, subdivision 14, clause (a) or (b), which are not
defined as included within the instructional unit.
(12) The supervisory employees unit consists of the
positions of all supervisory employees.
Subd. 2. [UNIVERSITY OF MINNESOTA EMPLOYEE SEVERANCE.]
Each of the following groups of University of Minnesota
employees shall have the right, as specified in this
subdivision, to separate from the instructional and supervisory
units: (1) health sciences instructional employees at all
campuses with the rank of professor, associate professor,
assistant professor, including research associate, or
instructor, including research fellow, (2) instructional
employees of the law school with the rank of professor,
associate professor, assistant professor, including research
associate, or instructor, including research fellow, (3)
instructional supervisors, and (4) noninstructional professional
supervisors. This right shall be exercised by petition between
September 1 and November 1. If a group separates from its unit,
it has no right to meet and negotiate, but retains the right to
meet and confer with the appropriate officials on any matter of
concern to them. The right to separate shall be exercised as
follows: An employee organization or group of employees
claiming that a majority of any one of these groups of employees
on a statewide basis wish to separate from their unit may
petition the director for an election during the petitioning
period. If the petition is supported by a showing of at least
30 percent support from the employees, the director shall hold
an election on the separation issue. This election shall be
conducted within 30 days of the close of the petition period. If
a majority of votes cast endorse severance from their unit, the
director shall certify that result. This election shall, where
not inconsistent with other provisions of this section, be
governed by section 179A.12. If a group of employees severs,
they may rejoin that unit by following the procedures for
severance during the periods for severance.
Sec. 13. [179A.12] [EXCLUSIVE REPRESENTATION; ELECTIONS;
DECERTIFICATION.]
Subdivision 1. [CERTIFICATION CONTINUED.] Any employee
organization holding formal recognition by order of the director
or by employer voluntary recognition on the effective date of
Extra Session Laws 1971, chapter 33, under any law that is
repealed by Extra Session Laws 1971, chapter 33, is certified as
the exclusive representative until it is decertified or another
representative is certified in its place.
Any teacher organization as defined by section 125.20,
subdivision 3, which on the effective date of Extra Session Laws
1971, chapter 33, has a majority of its members on a teacher's
council in a school district as provided in section 125.22 is
certified as the exclusive representative of all teachers of
that school district until the organization is decertified or
another organization is certified in its place.
Subd. 2. [CERTIFICATION UPON JOINT REQUEST.] The director
may certify an employee organization as an exclusive
representative in an appropriate unit upon the joint request of
the employer and the organization if, after investigation, the
director finds that no unfair labor practice was committed in
initiating and submitting the joint request and that the
employee organization represents over 50 percent of the
employees in the appropriate unit. This subdivision does not
reduce the time period or nullify any bar to the employee
organization's certification existing at the time of the filing
of the joint request.
Subd. 3. [OBTAINING ELECTIONS.] Any employee organization
may obtain a certification election upon petition to the
director stating that at least 30 percent of the employees of a
proposed employee unit wish to be represented by the
petitioner. Any employee organization may obtain a
representation election upon petition to the director stating
that the currently certified representative no longer represents
the majority of employees in an established unit and that at
least 30 percent of the employees in the established unit wish
to be represented by the petitioner rather than by the currently
certified representative. An individual employee or group of
employees in a unit may obtain a decertification election upon
petition to the director stating the certified representative no
longer represents the majority of the employees in an
established unit and that at least 30 percent of the employees
wish to be unrepresented.
Subd. 4. [STATE UNIT ELECTIONS.] The director shall not
consider a petition for a decertification election during the
term of a contract covering employees of the executive branch of
the state of Minnesota except for a period for not more than 270
to not less than 210 days before its date of termination.
Subd. 5. [DIRECTOR TO INVESTIGATE.] The director shall,
upon receipt of an employee organization's petition to the
director under subdivision 3, investigate to determine if
sufficient evidence of a question of representation exists and
hold hearings necessary to determine the appropriate unit and
other matters necessary to determine the representation rights
of the affected employees and employer.
Subd. 6. [AUTHORIZATION SIGNATURES.] In determining the
numerical status of an employee organization for purposes of
this section, the director shall require dated representation
authorization signatures of affected employees as verification
of the statements contained in the joint request or petitions.
These authorization signatures shall be privileged and
confidential information available to the director only.
Subd. 7. [ELECTION ORDER.] The director shall issue an
order providing for a secret ballot election by the employees in
a designated appropriate unit. The election shall be held in
the premises where those voting are employed unless the director
determines that the election cannot be fairly held, in which
case it shall be held at a place determined by the director.
Subd. 8. [BALLOT.] The ballot in a certification election
may contain as many names of representative candidates as have
demonstrated that 30 percent of the employees in the unit desire
them as their exclusive representative. The ballots shall
contain a space for employees to indicate that no representation
is desired. The director shall provide and count absentee
ballots in all elections.
Subd. 9. [RUN-OFF ELECTION.] If no choice on the ballot
receives a majority of those votes cast in the unit, the
director shall conduct a run-off election between the two
choices receiving the most votes.
Subd. 10. [CERTIFICATION.] Upon a representative candidate
receiving a majority of those votes cast in an appropriate unit,
the director shall certify that candidate as the exclusive
representative of all employees in the unit.
Subd. 11. [UNFAIR LABOR PRACTICES.] If the director finds
that an unfair labor practice was committed by an employer or
representative candidate or an employee or group of employees,
and that the unfair labor practice affected the result of an
election, the director may void the election result and order a
new election.
Subd. 12. [BAR TO RECONSIDERATION.] When the director
certifies an exclusive representative, he shall not consider the
question again for a period of one year, unless the exclusive
representative is decertified by a court of competent
jurisdiction, or by the director.
Sec. 14. [179A.13] [UNFAIR LABOR PRACTICES.]
Subdivision 1. [ACTIONS.] 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 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.
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 he has signed or filed an affidavit, petition,
or complaint or given any 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 any blacklist of
individuals exercising any 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 director 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 director or the board; or
(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. In the executive branch of state
government, this clause shall not be considered contrary to the
budgetary requirements of sections 16A.10 and 16A.11.
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 director 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:
(a) force or require any public employer to cease dealing
or doing business with any other person or;
(b) force or require a public employer to recognize for
representation purposes an employee organization not certified
by the director;
(c) refuse to handle goods or perform services;
(d) preventing 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 director or the board.
Sec. 15. [179A.14] [NEGOTIATION PROCEDURES.]
Subdivision 1. [INITIATION OF NEGOTIATION.] When employees
or their representatives desire to meet and negotiate an
agreement establishing terms and conditions of employment, they
shall give written notice to the employer and the director. The
employer has ten days from receipt of the notice to object or
refuse to recognize the employees' representative or the
employees as an appropriate unit. If the employer does not
object within ten days, the employer must recognize the employee
representative for purposes of reaching agreement on terms and
conditions of employment for the represented employees. If the
employer does object, the employer or employees' representative
may petition the director to take jurisdiction of the matter and
the director shall investigate the petition.
Subd. 2. [JOINT NEGOTIATIONS.] Public employers and
exclusive representatives of employees may voluntarily
participate in joint negotiations in similar or identical
appropriate units. It is the policy of sections 179A.01 to
179A.25 to encourage areawide negotiations, and the director
shall encourage it when possible.
Subd. 3. [PUBLIC MEETINGS.] All negotiations, mediation
sessions, and hearings between public employers and public
employees or their respective representatives are public
meetings except when otherwise provided by the director.
Sec. 16. [179A.15] [MEDIATION.]
Once notice has been given under section 179A.14, the
employer or the exclusive representative may petition the
director for mediation services.
A petition by an employer shall be signed by the employer
or an authorized officer or agent. A petition by an exclusive
representative shall be signed by its authorized officer. All
petitions shall be delivered to the director in person or sent
by certified mail. The petition shall state briefly the nature
of the disagreement of the parties. Upon receipt of a petition,
the director shall fix a time and place for a conference with
the parties to negotiate the issues not agreed upon, and shall
then take the most expedient steps to bring about a settlement,
including assisting in negotiating and drafting an agreement.
The director may, at the request of a party to a labor
dispute, assist in settling the dispute even if no petition has
been filed. In these cases, the director shall proceed as if a
petition had been filed.
The director shall not furnish mediation services to any
employee or employee representative who is not certified as an
exclusive representative.
All parties shall respond to the summons of the director
for conferences and shall continue in conference until excused
by the director. However, for other than essential employees,
mediation conferences following:
(1) the expiration date of a collective bargaining
agreement, or
(2) in the case of teachers, mediation over a period of 60
days after the expiration date of a collective bargaining
agreement shall continue only for durations agreeable to both
parties.
Sec. 17. [179A.16] [INTEREST ARBITRATION.]
Subdivision 1. [NONESSENTIAL EMPLOYEES.] An exclusive
representative or an employer may petition the director for
interest arbitration. For all public employees except those
specified in subdivision 2, the director shall certify a matter
to the board for binding interest arbitration if:
(a) the director has determined that further mediation
would serve no purpose and has certified an impasse, or impasse
has occurred because the exclusive representative and the
employer have participated in mediation for the period required
in section 179A.18, subdivisions 1 and 2, and the collective
bargaining agreement has expired; and
(b) within 15 days of a request by one party for binding
arbitration the other party has accepted the request. A request
for arbitration is rejected if the other party has not responded
within 15 days of the request.
Subd. 2. [ESSENTIAL EMPLOYEES.] For essential employees
the director shall only certify a matter to the board for
binding arbitration if either or both parties petition for
binding arbitration stating that an impasse has been reached,
and the director has determined that further mediation would
serve no purpose.
Subd. 3. [PROCEDURE.] Within 15 days from the time the
director certifies a matter to the board for binding arbitration
the parties shall submit their final positions on matters not
agreed upon. The director shall determine the matters not
agreed upon based on the positions submitted by the parties and
the director's efforts to mediate the dispute. The parties may
stipulate items to be excluded from arbitration.
Subd. 4. [CONSTRUCTION OF ARBITRATION PANEL.] The board
shall provide the parties to the interest arbitration a list of
seven arbitrators. In submitting names of arbitrators to the
parties, the board shall try to include names of persons from
the geographical area in which the public employer is located.
The parties shall, under the direction of the chairman of the
board, alternately strike names from the list of arbitrators
until only three names remain, or if requested by either party,
until only a single arbitrator remains. If the parties are
unable to agree on who shall strike the first name, the question
shall be decided by the flip of a coin. The arbitrator or
arbitrators remaining after the striking procedure constitute
the arbitration panel.
Subd. 5. [JURISDICTION OF THE PANEL.] The arbitration
panel selected by the parties has jurisdiction over the items of
dispute certified to and submitted by the board. However, the
panel has no jurisdiction or authority to entertain any matter
or issue that is not a term and condition of employment, unless
the matter or issue was included in the employer's final
position. Any order or part of an order issued by a panel which
determines a matter or issue which is not a term or condition of
employment and was not included in the employer's final position
is void and of no effect. A decision of the panel which
violates, is in conflict with, or causes a penalty to be
incurred under: (1) the laws of Minnesota; or (2) rules
promulgated under law, or municipal charters, ordinances, or
resolutions, provided that the rules, charters, ordinances, and
resolutions are consistent with this chapter, has no force or
effect and shall be returned to the arbitrator to make it
consistent with the laws, rules, charters, ordinances, or
resolutions.
Subd. 6. [POWERS OF THE PANEL.] The arbitration panel may
issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence which relates to any
matter involved in any dispute before it. The panel may
administer oaths and affidavits and may examine witnesses.
Attendance of witnesses and the production of evidence may be
required from any place in the state at any hearing. However,
the panel's meeting shall be held in the county where the
principal administrative offices of the employer are located,
unless another location is selected by agreement of the
parties. In case of refusal to obey a subpoena issued under
this section, the district court of the state for the county
where the proceeding is pending or where the person who refuses
to obey is found, or resides, or transacts business shall, on
application of the panel, have jurisdiction to issue an order
requiring the person to appear before the panel, to produce
evidence, or to give testimony. Failure to obey the order may
be punished by the court as a contempt.
Subd. 7. [DECISION BY THE PANEL.] The panel's order shall
be issued by a majority vote of its members. The order shall
resolve the issues in dispute between the parties as submitted
by the board. If the parties agree in writing, the panel shall
be restricted to selecting between the final offers of the
parties on each impasse item, or the final offer of one or the
other parties in its entirety. In considering a dispute and
issuing its order, the panel shall consider the statutory rights
and obligations of public employers to efficiently manage and
conduct their operations within the legal limitations
surrounding the financing of these operations. The panel's
decision and order shall be final and binding on all parties.
The panel shall render its order within ten days from the
date that all arbitration proceedings have concluded. However,
the panel must issue its order by the last date the employer is
required by statute, charter, ordinance, or resolution to submit
its tax levy or budget or certify its taxes voted to the
appropriate public officer, agency, public body or office, or by
November 1, whichever date is earlier. The panel's order shall
be for the period stated in the order, except that orders
determining contracts for teacher units shall be effective to
the end of the contract period determined by section 179A.20.
The panel shall send its decision and orders to the board,
the director, the appropriate representative of the public
employer, and the employees. If any issues submitted to
arbitration are settled voluntarily before the arbitrator issues
a decision, the arbitrator shall report the settlement to the
board and the director.
The parties may at any time prior to or after issuance of
an order of the arbitration panel, agree upon terms and
conditions of employment regardless of the terms and conditions
of employment determined by the order. The parties shall, if so
agreeing, execute a written contract or memorandum of contract.
Subd. 8. [PAYMENT OF THE PANEL.] The members of the panel
shall be paid actual and necessary traveling and other expenses
incurred in the performance of their duties plus an allowance of
$180 for each day or part of a day spent considering a dispute.
All costs of the panel shall be shared equally by the parties to
the dispute.
Sec. 18. [179A.17] [NEW EXCLUSIVE REPRESENTATIVES.]
Subdivision 1. [FOR TEACHERS.] If a new or different
exclusive representative of teachers employed by a local school
district is certified by the director at any time other than the
period between 120 days before the termination date of a
contract and the termination date of the contract, or if on July
1 of any odd-numbered year a representation proceeding involving
the employer and the employer's teachers is before the director,
section 179A.18, subdivision 2, clause (1), shall apply. In
those cases, however, the employer and the exclusive
representative of the teachers shall execute a written contract
or memorandum of contract no later than 60 days after a
certification by the director of a new or different exclusive
representative or the resolution by the director of a
representation proceeding. Either party may petition the
director of mediation services for assistance in reaching an
agreement. If the employer and the exclusive representative of
the teachers fail to execute a contract by 60 days after the
certification of a new or different exclusive representative or
the resolution by the director of a representation proceeding,
they shall be conclusively presumed to be at an impasse after
having participated in mediation sessions over a period of no
less than 60 days.
Subd. 2. [NONTEACHERS.] If a new or different exclusive
representative of employees other than teachers employed by a
local school district is certified by the director, or if on the
expiration date of an existing contract a representation
proceeding is before the director, section 179A.18, subdivision
1, clause (1), shall apply. In those cases, however, the
employer and the exclusive representative of the employees shall
execute a written contract or memorandum of contract no later
than 45 days after a certification by the director of a new or
different exclusive representative or the resolution by the
director of a representation proceeding. Either party may
petition the director of mediation services for assistance in
reaching an agreement. If the employer and the exclusive
representative fail to execute a contract by 45 days after the
certification of a new or different exclusive representative or
the resolution by the director of a representation proceeding,
they shall be conclusively presumed to be at an impasse after
having participated for a period of no less than 45 days in
mediation sessions.
Sec. 19. [179A.18] [STRIKES AUTHORIZED.]
Subdivision 1. [WHEN AUTHORIZED.] Confidential, essential,
and managerial employees may not strike. Except as otherwise
provided by subdivision 2 and section 179A.17, subdivision 2,
other public employees may strike only under the following
circumstances:
(1)(a) The collective bargaining agreement between their
exclusive representative and their employer has expired or, if
there is no agreement, impasse under section 179A.17,
subdivision 2, has occurred; and
(b) The exclusive representative and the employer have
participated in mediation over a period of at least 45 days,
provided that the mediation period established by section
179A.17, subdivision 2, shall govern negotiations pursuant to
that section. For the purposes of this subclause the mediation
period commences on the day following receipt by the director of
a request for mediation; or
(2) The employer violates section 179A.13, subdivision 2,
clause (9); or
(3) In the case of state employees,
(a) The legislative commission on employee relations has
not given approval during a legislative interim to a negotiated
agreement or arbitration award under section 179A.22,
subdivision 4, within 30 days after its receipt; or
(b) The entire legislature rejects or fails to ratify a
negotiated agreement or arbitration award, which has been
approved during a legislative interim by the legislative
commission on employee relations, at a special legislative
session called to consider it, or at its next regular
legislative session, whichever occurs first.
Subd. 2. [SCHOOL DISTRICT REQUIREMENTS.] Except as
otherwise provided by section 179A.17, subdivision 1, teachers
employed by a local school district, other than principals and
assistant principals, may strike only under the following
circumstances:
(1)(a) the collective bargaining agreement between their
exclusive representative and their employer has expired or, if
there is no agreement, impasse under section 179A.17,
subdivision 1, has occurred; and
(b) the exclusive representative and the employer have
participated in mediation over a period of at least 60 days, 30
days of which have occurred after the expiration date of the
collective bargaining agreement, provided that the mediation
period established by section 179A.17, subdivision 1, shall
govern negotiations pursuant to that section. For the purposes
of this subclause the mediation period commences on the day
following receipt by the director of a request for mediation;
and
(c) a request for binding interest arbitration has been
rejected; or
(2) 45 days after impasse under section 179A.16,
subdivision 1, neither party has requested interest arbitration;
or
(3) the employer violates section 179A.13, subdivision 2,
clause (9).
Subd. 3. [NOTICE.] In addition to the other requirements
of this section, no employee may strike unless written
notification of intent to strike is served on the employer and
the director by the exclusive representative at least ten days
prior to the commencement of the strike. If more than 30 days
have expired after service of a notification of intent to
strike, no strike may commence until ten days after service of a
new written notification. Notification of intent to strike
under subdivisions 1, clause (1); and 2, clause (1), may not be
served until the collective bargaining agreement has expired, or
if there is no agreement, on or after the date impasse under
section 179A.17 has occurred. Notification of intent to strike
under subdivision 2, clause (2), may not be served before the
45th day following an impasse under section 179A.16, subdivision
1.
Sec. 20. [179A.19] [ILLEGAL STRIKES.]
Subdivision 1. [OTHER STRIKES ILLEGAL.] Except as
authorized by section 179A.18, all strikes by public employees
are illegal. Except as provided in this section, no unfair
labor practice or violation of sections 179A.01 to 179A.25 by a
public employer gives public employees a right to strike. Those
factors may be considered, however, by the court in mitigation
of or retraction of any penalties provided by this section.
Subd. 2. [INDIVIDUAL PENALTIES.] Notwithstanding any other
law, public employees who strike in violation of this section
may have their appointment or employment terminated by the
employer effective the date the violation first occurs. The
termination shall be made by serving written notice upon the
employee. Service may be made by certified mail.
Subd. 3. [PRESUMPTION OF STRIKE.] For purposes of this
section, an employee who is absent from any portion of a work
assignment without permission, or who abstains wholly or in part
from the full performance of duties without permission from the
employer on a day when a strike not authorized by this section
occurs is prima facie presumed to have engaged in an illegal
strike on that day.
Subd. 4. [REAPPOINTMENT.] A public employee who knowingly
participates in a strike in violation of this section and whose
employment has been terminated under this section may
subsequently be appointed or reappointed, employed or
reemployed, but the employee shall be on probation for two years
with respect to the civil service status, tenure of employment,
or contract of employment to which he or she was previously
entitled.
Subd. 5. [COMPENSATION.] No employee is entitled to any
daily pay, wages, reimbursement of expenses, or per diem for the
days on which he or she engaged in a strike.
Subd. 6. [HEARINGS.] Any public employee is entitled to
request the opportunity to establish that he or she did not
violate this section. The request shall be filed in writing
with the officer or body having the power to remove the
employee, within ten days after notice of termination is served
upon the employee. The employing officer or body shall within
ten days commence a proceeding at which the employee shall be
entitled to be heard for the purpose of determining whether the
provisions of this section have been violated by the public
employee. If there are contractual grievance procedures, laws
or rules establishing proceedings to remove the public employee,
the hearing shall be conducted in accordance with whichever
procedure the employee elects. The election shall be binding
and shall terminate any right to the alternative procedures. The
same proceeding may include more than one employee's employment
status if the employees' defenses are identical, analogous, or
reasonably similar. The proceedings shall be undertaken without
unnecessary delay.
Any person whose termination is sustained in the
administrative or grievance proceeding may appeal in accordance
with chapter 14.
Subd. 7. [EMPLOYEE ORGANIZATION PENALTIES.] An employee
organization which has been found pursuant to section 179A.13 to
have violated this section: (1) shall lose its status, if any,
as exclusive representative; and (2) may not be so certified by
the director for a period of two years following the finding. No
employer may deduct employee payments to any such organization
for a period of two years.
Sec. 21. [179A.20] [CONTRACTS.]
Subdivision 1. [WRITTEN CONTRACT.] The exclusive
representative and the employer shall execute a written contract
or memorandum of contract containing the terms of the negotiated
agreement or interest arbitration award and any terms
established by law.
Subd. 2. [NO CONTRACT PROVISIONS CONTRARY TO LAW.] No
provision of a contract shall be in conflict with:
(1) the laws of Minnesota; or
(2) rules promulgated under law, or municipal charters,
ordinances, or resolutions, provided that the rules, charters,
ordinances, and resolutions are consistent with this chapter.
Subd. 3. [DURATION.] The duration of the contract is
negotiable but shall not exceed three years. Any contract
between a school board and an exclusive representative of
teachers shall be for a term of two years, beginning on July 1
of each odd-numbered year. A contract between a school board
and an exclusive representative of teachers shall contain the
teachers' compensation including fringe benefits for the entire
two-year term and shall not contain a wage reopening clause or
any other provision for the renegotiation of the teachers'
compensation.
Subd. 4. [GRIEVANCE PROCEDURE.] All contracts shall
include a grievance procedure which shall provide compulsory
binding arbitration of grievances including all disciplinary
actions. If the parties cannot agree on the grievance
procedure, they shall be subject to the grievance procedure
promulgated by the director under section 179A.04, subdivision
3, clause (h).
Employees covered by civil service systems created under
chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter
under chapter 410, or by Laws 1941, chapter 423, may pursue a
grievance through the procedure established under this section.
When the grievance is also within the jurisdiction of appeals
boards or appeals procedures created by chapter 43A, 44, 375,
387, 419, or 420, by a home rule charter under chapter 410, or
by Laws 1941, chapter 423, the employee may proceed through the
grievance procedure or the civil service appeals procedure, but
once a written grievance or appeal has been properly filed or
submitted by the employee or on the employee's behalf with his
consent the employee may not proceed in the alternative manner.
This section does not require employers or employee
organizations to negotiate on matters other than terms and
conditions of employment.
Subd. 5. [IMPLEMENTATION.] Upon execution of the contract,
the employer shall implement it in the form of an ordinance or
resolution. If implementation of the contract requires adoption
of a law, ordinance, or charter amendment, the employer shall
make every reasonable effort to propose and secure the enactment
of this law, ordinance, resolution, or charter amendment.
Subd. 6. [CONTRACT IN EFFECT.] During the period after
contract expiration and prior to the date when the right to
strike matures, and for additional time if the parties agree,
the terms of an existing contract shall continue in effect and
shall be enforceable upon both parties.
Sec. 22. [179A.21] [GRIEVANCE ARBITRATION.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"grievance" means a dispute or disagreement as to the
interpretation or application of any term or terms of any
contract required by section 179A.20.
Subd. 2. [SELECTION.] If the parties to a contract cannot
agree upon an arbitrator or arbitrators as provided by the
contract grievance procedures or the procedures established by
the director, the parties shall, under direction of the board,
alternately strike names from a list of five arbitrators
selected by the board until only one name remains. This
arbitrator shall decide the grievance and the decision is
binding upon the parties. The parties shall share equally the
costs and fees of the arbitrator.
Subd. 3. [LIMITS.] Arbitration decisions authorized or
required by a grievance procedure are subject to the limitations
contained in section 179A.16, subdivision 5. The arbitrator
shall send the board and the director a copy of each grievance
arbitration decision and any written explanation. If any issues
submitted to arbitration are settled voluntarily before the
arbitrator issues a decision, the arbitrator shall report the
settlement to the board and the director.
Sec. 23. [179A.22] [STATE AND ITS EMPLOYEES;
NEGOTIATIONS.]
Subdivision 1. [APPOINTING AUTHORITY.] For purposes of
this section the term "appointing authority" has the meaning
given it by section 43A.02, subdivision 5.
Subd. 2. [EMPLOYER.] The employer of state employees shall
be, for purposes of sections 179A.01 to 179A.25, the
commissioner of employee relations or the commissioner's
representative.
Subd. 3. [DUTIES.] In all negotiations between the state
and exclusive representatives the state shall be represented by
the commissioner of employee relations or his representative.
The attorney general, and each appointing authority shall
cooperate with the commissioner of employee relations in
conducting negotiations and shall make available any personnel
and other resources necessary to enable the commissioner to
conduct effective negotiations.
Subd. 4. [AGREEMENTS.] The commissioner of employee
relations is authorized to enter into agreements with exclusive
representatives. The negotiated agreements and arbitration
awards shall be submitted to the legislature to be accepted or
rejected in accordance with this section and section 3.855.
If a proposed agreement or arbitration award is rejected or
is not approved by the legislature prior to its adjournment in
an odd-numbered year, the legislative commission on employee
relations is authorized to give interim approval to a proposed
agreement or arbitration award. The proposed agreement or
arbitration award shall be implemented upon its approval by the
commission and state employees covered by the proposed agreement
or arbitration award shall not have the right to strike while
the interim approval is in effect. The commission shall submit
the agreement or arbitration award to the legislature for
ratification at a special legislative session called to consider
it or at its next regular legislative session. Wages and
economic fringe benefit increases provided for in the agreement
or arbitration award which were paid pursuant to the interim
approval by the commission shall not be affected but these wages
and benefit increases shall cease to be paid or provided
effective upon the rejection of the agreement or arbitration
award or upon adjournment by the legislature without acting upon
the agreement or arbitration award.
Sec. 24. [179A.23] [LIMITATION ON CONTRACTING-OUT OF
SERVICES PROVIDED BY MEMBERS OF A STATE OF MINNESOTA OR
UNIVERSITY OF MINNESOTA BARGAINING UNIT.]
Any contract entered into after March 23, 1982, by the
state of Minnesota or the University of Minnesota involving
services, any part of which, in the absence of the contract,
would be performed by members of a unit provided in sections
179A.10 and 179A.11, shall be subject to section 16.07 and shall
provide for the preferential employment by a party of members of
that unit whose employment with the state of Minnesota or the
University of Minnesota is terminated as a result of that
contract.
Contracts entered into by the state of Minnesota for the
purpose of providing court reporter services or transcription of
the record of a hearing which was recorded by means of an audio
magnetic recording device shall be subject to section 16.098 and
the preferential employment provisions enumerated in this
section. Any court reporter seeking a contract pursuant to the
preferential employment provisions of this section shall be
given preference when the services are needed only if that court
reporter's charges for the services requested are no greater
than the average of the charges made for the identical services
by other court reporters in the same locality who are also under
contract with the state for those services.
Sec. 25. [179A.24] [APPLICATION OF SECTIONS 185.07 TO
185.19.]
Sections 185.07 to 185.19, apply to all public employees,
including those specifically excepted from the definition of
public employee in section 179A.03, subdivision 14, except as
sections 185.07 to 185.19 are inconsistent with section 179A.13.
Sec. 26. [179A.25] [INDEPENDENT REVIEW.]
It is the public policy of the state of Minnesota that
every public employee should be provided with the right of
independent review, by a disinterested person or agency, of any
grievance arising out of the interpretation of or adherence to
terms and conditions of employment. When such review is not
provided under statutory, charter, or ordinance provisions for a
civil service or merit system, the governmental agency may
provide for such review consistent with the provisions of law or
charter. If no other procedure exists for the independent
review of such grievances, the employee may present his
grievance to the public employment relations panel under
procedures established by the board.
Sec. 27. [REVISOR'S INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall substitute the section reference
"179A.01" for the section reference "179.61" and the reference
"179A.25" for "179.76" in every place where the references
"179.61" and "179.76" appear. The revisor shall also, in the
next and subsequent editions of Minnesota Statutes, in each
section referred to in column A, strike the reference referred
to in column B and insert the reference in column C. If the
revisor changes the coding for references in column C, he may
change references in column C to the appropriate coding.
Column A Column B Column C
3.855, Subd. 2 179.74, Subd. 5 179A.22, Subd. 4
10.39, Subd. 1 179.65 179A.06
15.62, Subd. 1 179.63 179A.03
43A.04, Subd. 5 179.74, Subd. 5 179A.22, Subd. 4
43A.05, Subd. 5 179.74, Subd. 5 179A.22, Subd. 4
43A.07, Subd. 2 179.741 179A.10
43A.08, Subd. 3 179.741 179A.10
43A.14 179.741 179A.10
43A.16, Subd. 1 179.741 179A.10
43A.18, Subd. 2 179.74, Subd. 5 179A.22, Subd. 4
121.506, Subd. 2 179.63, Subd. 13 179A.03, Subd. 18
121.506, Subd. 2 179.63, Subd. 14 179A.03, Subd. 12
121.507, Subd. 2 179.63, Subd. 13 179A.03, Subd. 18
125.032, Subd. 2 179.63, Subd. 13 179A.03, Subd. 18
125.12, Subd. 4 179.70, Subd. 2 179A.20, Subd. 5
125.12, Subd. 6a 179.72 179A.16
125.12, Subd. 14 179.63, Subd. 1 179A.03
125.12, Subd. 14 179.70, Subd. 1 179A.20, Subd. 4
125.12, Subd. 14 179.71, Subd. 5, 179A.04, Subd. 3,
clause (i) clause (h)
125.17, Subd. 12 179.63, Subd. 1 179A.03
125.17, Subd. 12 179.70, Subd. 1 179A.20, Subd. 4
125.17, Subd. 12 179.71, Subd. 5, 179A.04, Subd. 3,
clause (i) clause (h)
216A.035 179.63, Subd. 8 179A.03, Subd. 4
216A.035 179.741 179A.10
353.03, Subd. 1 179.63, Subd. 5 179A.03, Subd. 6
354.66, Subd. 7 179.63, Subd. 7 179A.03, Subd. 15
354A.094, Subd. 7 179.63, Subd. 17 179A.03, Subd. 7
354A.094, Subd. 7 179.63, Subd. 7, 179A.03, Subd. 15,
clauses (e) and (f) clauses (e) and (f)
471.616, Subd. 1 179.67 179A.12
471.617, Subd. 4 179.67 179A.12
Sec. 28. [REPEALER.]
Minnesota Statutes 1982, sections 179.61; 179.62; 179.63,
as amended by Laws 1983, chapters 216, article 2, section 4;
322, section 1; and 364, sections 1 and 2; 179.64, as amended by
Laws 1983, chapter 247, section 77; 179.65; 179.66, as amended
by Laws 1983, chapter 364, section 3; 179.67; 179.68; 179.69;
179.691; 179.692; 179.70, as amended by Laws 1983, chapter 216,
article 1, section 33; 179.71, as amended by Laws 1983, chapter
364, section 4; 179.72, as amended by Laws 1983, chapter 305,
section 20; 179.73; 179.74; 179.741, as amended by Laws 1983,
chapters 247, section 78; 287, article 1, sections 1 and 2; 299,
sections 22 and 23; 179.7411, as amended by Laws 1983, chapter
301, section 153; 179.742; 179.743; 179.75; and 179.76, are
repealed.
Approved April 24, 1984
Official Publication of the State of Minnesota
Revisor of Statutes