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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 377-H.F.No. 2062 
           An act relating to public employment; repealing the 
          exclusion of graduate assistants from coverage under 
          the public employment labor relations act; amending 
          Minnesota Statutes 1988, section 179A.03, subdivision 
          14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 179A.03, 
subdivision 14, is amended to read: 
    Subd. 14.  [PUBLIC EMPLOYEE.] "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 16B.17, 
subdivision 1; 
    (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) (i) 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) (j) an individual who is employed for less than 300 
hours in a fiscal year as an instructor in an adult vocational 
education program; 
    (l) (k) 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.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Presented to the governor March 28, 1990 
    Signed by the governor March 30, 1990, 7:04 p.m.