Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 157-S.F.No. 118 
           An act relating to public employee labor relations; 
          regulating public employee mediation; regulating 
          mediation and strikes concerning teachers; providing 
          for arbitration awards in principal and assistant 
          principal disputes; providing penalties; amending 
          Minnesota Statutes 1984, sections 179A.04, subdivision 
          3; 179A.05, subdivision 4; 179A.14, subdivision 1; 
          179A.15; 179A.16, subdivision 7; 179A.17, subdivision 
          1; 179A.18, subdivisions 2 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 179A.04, 
subdivision 3, is amended to read: 
    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; 
     (k) collect such fees as are established by rule for 
empanelment of persons on the labor arbitrator roster maintained 
by the director or in conjunction with fair share fee challenges.
     Sec. 2.  Minnesota Statutes 1984, section 179A.05, 
subdivision 4, is amended to read: 
    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; 
    (d) collect such fees as are established by rule for 
empanelment of persons on the labor arbitrator roster maintained 
by the board.  
    Sec. 3.  Minnesota Statutes 1984, section 179A.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [INITIATION OF NEGOTIATION.] (a) When 
employees or their representatives desire to meet and negotiate 
an initial 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.  
    (b) When a party to a contract desires to meet and 
negotiate an agreement subsequent to the initial agreement, the 
party shall give written notice to the other party and to the 
director at least 60 days before the termination date of the 
existing contract.  If a party fails to give the required 60-day 
notice, the party is subject to a fine of $10 per day for each 
day the notice is late.  The fine for late notice may be waived 
at the discretion of the director if the director finds that the 
failure to give timely notice did not prejudice the director or 
the other party in the fulfillment of their responsibilities and 
duties.  The fine for late notice shall be the only penalty for 
late notice under this paragraph. 
    Sec. 4.  Minnesota Statutes 1984, section 179A.15, is 
amended to read: 
    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 and upon concluding that mediation would be useful, 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.  
    If the director may, at the request of a party to a labor 
dispute, assist in settling determines that mediation would be 
useful in resolving a dispute, the director may mediate the 
dispute even if no petition neither party has been filed a 
petition for mediation.  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. 5.  Minnesota Statutes 1984, section 179A.16, 
subdivision 7, is amended to read: 
    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.  For principals and assistant principals, the 
panel shall be restricted to selecting between the final offers 
of the parties on each impasse item.  For other employees, 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.  
    Sec. 6.  Minnesota Statutes 1984, section 179A.17, 
subdivision 1, is amended to read: 
    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 as specified in section 179A.18, subdivision 
2, clause (1)(b).  
    Sec. 7.  Minnesota Statutes 1984, section 179A.18, 
subdivision 2, is amended to read: 
    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 
that a mediator designated by the director first attends a 
conference with the parties to negotiate the issues not agreed 
upon; and 
    (c) neither party has requested interest arbitration or 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).  
    Sec. 8.  Minnesota Statutes 1984, section 179A.18, 
subdivision 3, is amended to read: 
    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.  For all employees 
other than teachers, 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.  For teachers, no strike may commence more than 25 
days after service of notification of intent to strike unless, 
before the end of the 25-day period, the exclusive 
representative and the employer agree that the period during 
which a strike may commence shall be extended for an additional 
period not to exceed five days.  Teachers are limited to one 
notice of intent to strike for each contract negotiation period, 
provided, however, that a strike notice may be renewed for an 
additional ten days, the first five of which shall be a notice 
period during which no strike may occur, if the following 
conditions have been satisfied: 
    (1) an original notice was provided pursuant to this 
section; and 
    (2) a tentative agreement to resolve the dispute was 
reached during the original strike notice period; and 
    (3) such tentative agreement was rejected by either party 
during or after the original strike notice period. 
    The first day of the renewed strike notice period shall 
commence on the day following the expiration of the previous 
strike notice period or the day following the rejection of the 
tentative agreement, whichever is later.  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. 9.  [EFFECTIVE DATE.] 
    Sections 3 to 8 are effective the day following final 
enactment.  However, the 60-day notice requirement imposed in 
section 3 does not apply in 1985 if sections 3 to 8 become 
effective after April 25, 1985.  In this event, the notice 
required by section 3 must be given within 30 days of the 
effective date of sections 3 to 8. 
    Approved May 20, 1985