Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 651-H.F.No. 1766 
           An act relating to local government; requiring every 
          political subdivision to establish equitable 
          compensation relationships among its employees; 
          permitting the town of Windemere to have the powers of 
          a metropolitan area town; proposing new law coded in 
          Minnesota Statutes, chapter 471. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [471.991] [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] For the purposes of this act, the 
following terms have the meanings given them.  
    Subd. 2.  [BALANCED CLASS.] "Balanced class" means any 
class in which no more than 80 percent of the members are male 
and no more than 70 percent of the members are female.  
    Subd. 3.  [COMPARABLE WORK VALUE.] "Comparable work value" 
means the value of work measured by the skill, effort, 
responsibility, and working conditions normally required in the 
performance of the work.  
    Subd. 4.  [CLASS.] "Class" means one or more positions that 
have similar duties, responsibilities, and general 
qualifications necessary to perform the duties, with comparable 
selection procedures used to recruit employees, and use of the 
same compensation schedule.  
    Subd. 5.  [EQUITABLE COMPENSATION RELATIONSHIP.] "Equitable 
compensation relationship" means that a primary consideration in 
negotiating, establishing, recommending, and approving total 
compensation is comparable work value in relationship to other 
employee positions within the political subdivision.  
    Subd. 6.  [FEMALE-DOMINATED CLASS.] "Female-dominated class"
means any class in which 70 percent or more of the members are 
female.  
    Subd. 7.  [MALE-DOMINATED CLASS.] "Male-dominated class" 
means any class in which 80 percent or more of the members are 
male.  
    Subd. 8.  [POSITION.] "Position" means a group of current 
duties and responsibilities assigned or delegated by a 
supervisor to an individual.  
    Sec. 2.  [471.992] [EQUITABLE COMPENSATION RELATIONSHIPS.] 
    Subject to sections 179.61 to 179.76 but notwithstanding 
any other law to the contrary, every political subdivision of 
this state shall establish equitable compensation relationships 
between female-dominated, male-dominated, and balanced classes 
of employees.  In all interest arbitration held pursuant to 
sections 179.61 to 179.76, the arbitrator shall follow the 
equitable compensation relationship standards established under 
sections 1 to 10.  This section will become effective August 1, 
1987.  
    Sec. 3.  [471.993] [COMPENSATION RELATIONSHIPS OF 
POSITIONS.] 
    Subdivision 1.  [ASSURANCE OF REASONABLE RELATIONSHIP.] In 
preparing management negotiation positions for compensation 
established through collective bargaining under chapter 179 and 
in establishing, recommending, and approving compensation plans 
for employees of political subdivisions not represented by an 
exclusive representative under chapter 179, the respective 
political subdivision as the public employer, as defined in 
section 179.63, subdivision 4, or, where appropriate, the 
Minnesota merit system, shall assure that:  
    (1) compensation for positions in the classified civil 
service, unclassified civil service, and management bear 
reasonable relationship to one another;  
    (2) compensation for positions bear reasonable relationship 
to similar positions outside of that particular political 
subdivision's employment; and 
    (3) compensation for positions within the employer's work 
force bear reasonable relationship among related job classes and 
among various levels within the same occupational group.  
    Subd. 2.  [REASONABLE RELATIONSHIP DEFINED.] For purposes 
of subdivision 1, compensation for positions bear "reasonable 
relationship" to one another if:  
    (1) the compensation for positions which require comparable 
skill, effort, responsibility, working conditions, and other 
relevant work related criteria is comparable; and 
    (2) the compensation for positions which require differing 
skill, effort, responsibility, working conditions, and other 
relevant work related criteria is proportional to the skill, 
effort, responsibility, working conditions, and other relevant 
work related criteria required.  
    Sec. 4.  [471.994] [JOB EVALUATION SYSTEM.] 
    Every political subdivision shall use a job evaluation 
system in order to determine the comparable work value.  The 
political subdivision may use the system of some other public 
employer in the state.  Each political subdivision shall meet 
and confer with the exclusive representatives of their employees 
on the development or selection of a job evaluation system.  
    Sec. 5.  [471.995] [REPORT AVAILABILITY.] 
    Notwithstanding section 13.37, every political subdivision 
shall submit a report containing the results of the job 
evaluation system to the exclusive representatives of their 
employees to be used by both parties in contract negotiations. 
At a minimum, the report to each exclusive representative shall 
identify the female-dominated classes in the political 
subdivision for which compensation inequity exists, based on the 
comparable work value, and all data not on individuals used to 
support these findings.  
    Sec. 6.  [471.996] [PRIVATE DATA.] 
    Except as provided in section 5, the results of any job 
evaluation system established under section 4 and the reports 
compiled under section 5 shall be considered personnel data as 
defined in section 13.43, subdivision 1, and treated as private 
data under section 13.43, subdivisions 4 and 5, until July 31, 
1987.  The director of mediation services is authorized to 
release the job evaluation system results and reports to labor 
organizations as provided under section 13.43, subdivision 6.  
    Sec. 7.  [471.9965] [EFFECT ON OTHER LAW.] 
    Notwithstanding chapter 179 or other law to the contrary, 
it is not an unfair labor practice to allocate a specified 
amount of funds to be used solely to correct inequitable 
compensation relationships.  
    Sec. 8.  [363.02] [Subd. 8.] [HUMAN RIGHTS ACT EXCEPTION.] 
    Neither the commissioner of human rights nor any state 
court shall use or consider the results of any job evaluation 

system established under section 4 and the reports compiled 
under section 5 in any proceeding or action commenced alleging 
discrimination before August 1, 1987, under chapter 363.  
     Sec. 9.  [471.9975] [SUITS BARRED.] 
     No cause of action arises before August 1, 1987 for failure 
to comply with the requirements of this act.  
    Sec. 10.  [471.998] [REPORT TO COMMISSIONER.] 
    Subdivision 1.  [REPORT ON IMPLEMENTATION PLAN; CONTENTS.] 
Every political subdivision shall report to the commissioner of 
employee relations by October 1, 1985, on its plan for 
implementation of sections 4 and 5.  Each report shall include:  
    (1) the title of each job class which the political 
subdivision has established;  
    (2) the following information for each class as of July 1, 
1984:  
    (a) the number of incumbents;  
    (b) the percentage of incumbents who are female;  
    (c) the comparable work value of the class, as determined 
under the system chosen under section 4; and 
    (d) the minimum and maximum monthly salary for the class;  
    (3) a description of the job evaluation system used by the 
political subdivision; and 
    (4) a plan for establishing equitable compensation 
relationships between female-dominated and male-dominated 
classes, including:  
    (a) identification of classes for which a compensation 
inequity exists based on the comparable work value;  
    (b) a timetable for implementation of pay equity; and 
    (c) the estimated cost of implementation.  
    Subd. 2.  [TECHNICAL ASSISTANCE.] The commissioner of 
employee relations shall, upon request of a political 
subdivision, provide technical assistance in completing the 
required reports.  
    Sec. 11.  [471.999] [REPORT TO LEGISLATURE.] 
    The commissioner of employee relations shall report to the 
legislature by January 1, 1986 on the information gathered from 
political subdivisions.  The commissioner's report shall include 
a list of political subdivisions which did not comply with the 
reporting requirements of this section. 
    Sec. 12.  [TOWN OF WINDEMERE; POWERS.] 
    The town of Windemere in Pine County may exercise the 
powers of a town provided by Minnesota Statutes, section 368.01, 
and other laws referring to section 368.01, except section 
340.11, subdivision 10b.  
    Sec. 13.  [EFFECTIVE DATE.] 
    Section 12 is effective, if it is approved by the electors 
of the town at the annual town meeting, the day after compliance 
with Minnesota Statutes, section 645.021, subdivision 3. 
    Approved May 2, 1984