Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 512-S.F.No. 488 
           An act relating to public employment; defining 
          equitable compensation relationships; requiring an 
          implementation report; providing for review of plans; 
          providing for appeals from decisions of the 
          commissioner of employee relations; requiring the 
          commissioner to report to the legislature; amending 
          Minnesota Statutes 1988, sections 471.991, subdivision 
          5; 471.992, subdivisions 1, 2, and by adding a 
          subdivision; 471.994; 471.998, by adding a 
          subdivision; 471.9981, subdivision 6, and by adding 
          subdivisions; and 471.999; Minnesota Statutes 1989 
          Supplement, section 485.018, subdivision 7; repealing 
          Minnesota Statutes 1988, sections 471.992, subdivision 
          3; 471.996; and 471.9981, subdivisions 2 to 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 471.991, 
subdivision 5, is amended to read: 
    Subd. 5.  [EQUITABLE COMPENSATION RELATIONSHIP.] "Equitable 
compensation relationship" means that a primary consideration in 
negotiating, establishing, recommending, and approving total the 
compensation for female-dominated classes is not consistently 
below the compensation for male-dominated classes of comparable 
work value in relationship to other employee positions, as 
determined under section 471.994, within the political 
subdivision.  
    Sec. 2.  Minnesota Statutes 1988, section 471.992, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] Subject to sections 
179A.01 to 179A.25 and sections 177.41 to 177.44 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 order to eliminate sex-based 
wage disparities in public employment in this state.  A primary 
consideration in negotiating, establishing, recommending, and 
approving compensation is comparable work value in relationship 
to other employee positions within the political subdivision.  
This law may not be construed to limit the ability of the 
parties to collectively bargain in good faith.  
    Sec. 3.  Minnesota Statutes 1988, section 471.992, 
subdivision 2, is amended to read: 
    Subd. 2.  [ARBITRATION.] In all interest arbitration 
involving a class other than a balanced class held pursuant to 
under sections 179A.01 to 179A.25, the arbitrator shall consider 
the equitable compensation relationship standards established in 
this section, and the standards established under section 
471.993, together with other standards appropriate to interest 
arbitration.  The arbitrator shall consider both the results of 
a job evaluation study and any employee objections to the 
study.  In interest arbitration for a balanced class, the 
arbitrator may consider the standards established under this 
section and the results of, and any employee objections to, a 
job evaluation study, but shall also consider similar or like 
classifications in other political subdivisions. 
    Sec. 4.  Minnesota Statutes 1988, section 471.992, is 
amended by adding a subdivision to read: 
    Subd. 4.  [COLLECTIVE BARGAINING.] In collective bargaining 
for a balanced class, the parties may consider the equitable 
compensation relationship standards established by this section 
and the results of a job evaluation study, but shall also 
consider similar or like classifications in other political 
subdivisions. 
    Sec. 5.  Minnesota Statutes 1988, section 471.994, is 
amended to read: 
    471.994 [JOB EVALUATION SYSTEM.] 
    Every political subdivision shall use a job evaluation 
system in order to determine the comparable work value of the 
work performed by each class of its employees.  The system must 
be maintained and updated to account for new employee classes 
and any changes in factors affecting the comparable work value 
of existing classes.  A political subdivision that substantially 
modifies its job evaluation system or adopts a new system shall 
notify the commissioner.  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. 6.  Minnesota Statutes 1988, section 471.998, is 
amended by adding a subdivision to read: 
    Subd. 3.  [PUBLIC DATA.] The report required by subdivision 
1 is public data governed by chapter 13. 
    Sec. 7.  Minnesota Statutes 1988, section 471.9981, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [IMPLEMENTATION REPORT.] By January 31, 1992, 
each political subdivision shall submit to the commissioner an 
implementation report that includes the following information as 
of December 31, 1991: 
    (1) a list of all job classes in the political subdivision; 
    (2) the number of employees in each class; 
    (3) the number of female employees in each class; 
    (4) an identification of each class as male-dominated, 
female-dominated, or balanced as defined in section 471.991; 
    (5) the comparable work value of each class as determined 
by the job evaluation used by the subdivision in accordance with 
section 471.994; 
    (6) the minimum and maximum salary for each class, if 
salary ranges have been established, and the amount of time in 
employment required to qualify for the maximum; 
    (7) any additional cash compensation, such as bonuses or 
lump-sum payments, paid to the members of a class; and 
    (8) any other information requested by the commissioner. 
    If a subdivision fails to submit a report, the commissioner 
shall find the subdivision not in compliance with subdivision 6 
and shall impose the penalty prescribed by that subdivision. 
    Sec. 8.  Minnesota Statutes 1988, section 471.9981, is 
amended by adding a subdivision to read: 
    Subd. 5b.  [PUBLIC DATA.] The implementation report 
required by subdivision 5a is public data governed by chapter 13.
    Sec. 9.  Minnesota Statutes 1988, section 471.9981, 
subdivision 6, is amended to read: 
    Subd. 6.  [PENALTY FOR FAILURE TO IMPLEMENT PLAN.] If (a)  
The commissioner of employee relations finds, after notice and 
consultation with a shall review the implementation report 
submitted by a governmental subdivision, that it has failed to 
implement its plan for implementing to determine whether the 
subdivision has established equitable compensation relationships 
as required by section 471.992, subdivision 1, by December 31, 
1991, or the later date approved by the commissioner.  The 
commissioner shall notify a subdivision found to have achieved 
compliance with section 471.992, subdivision 1. 
    (b) If the commissioner finds that the subdivision is not 
in compliance based on the information contained in the 
implementation report required by section 7, the commissioner 
shall notify the subdivision of the basis for the finding.  The 
notice must include a detailed description of the basis for the 
finding, specific recommended actions to achieve compliance, and 
an estimated cost of compliance.  If the subdivision disagrees 
with the finding, it shall notify the commissioner, who shall 
provide a specified time period in which to submit additional 
evidence in support of its claim that it is in compliance.  The 
commissioner shall consider at least the following additional 
information in reconsidering whether the subdivision is in 
compliance: 
    (1) recruitment difficulties; 
    (2) retention difficulties; 
    (3) recent arbitration awards that are inconsistent with 
equitable compensation relationships; and 
    (4) information that can demonstrate a good-faith effort to 
achieve compliance and continued progress toward compliance, 
including any constraints the subdivision faces. 
The subdivision shall also present a plan for achieving 
compliance and a date for additional review by the commissioner. 
    (c) If the subdivision does not make the changes to achieve 
compliance within a reasonable time set by the commissioner, the 
commissioner shall notify the subdivision and the commissioner 
of revenue that the subdivision is subject to a five percent 
reduction in the aid that would otherwise be payable to that 
governmental subdivision under section 124A.23, 273.1398, or 
sections 477A.011 to 477A.014, or to a fine of $100 a day, 
whichever is greatest.  The commissioner of revenue shall 
enforce the penalty beginning in calendar year 1992 shall be 
reduced by five percent; provided that the reduction in aid 
shall apply to or in the first calendar year beginning after the 
date for implementation of the plan of a governmental 
subdivision for which the commissioner of employee relations has 
approved an implementation date later than December 31, 
1991.  However, the commissioner of revenue may not enforce a 
penalty until after the end of the first regular legislative 
session after a report listing the subdivision as not in 
compliance has been submitted to the legislature under section 
471.999.  The penalty remains in effect until the subdivision 
achieves compliance.  The commissioner of employee relations may 
waive suspend the penalty upon making a finding that the failure 
to implement was attributable to circumstances beyond the 
control of the governmental subdivision or to severe hardship, 
or that noncompliance results from factors unrelated to the sex 
of the members dominating the affected classes and that the 
subdivision is taking substantial steps to achieve compliance to 
the extent possible.  
    Sec. 10.  Minnesota Statutes 1988, section 471.9981, is 
amended by adding a subdivision to read: 
    Subd. 7.  [APPEAL.] A governmental subdivision may appeal 
the imposition of a penalty under subdivision 6 by filing a 
notice of appeal with the commissioner of employee relations 
within 30 days of the commissioner's notification to the 
subdivision of the penalty.  An appeal must be heard as a 
contested case under sections 14.57 to 14.62.  No penalty may be 
imposed while an appeal is pending. 
    Sec. 11.  Minnesota Statutes 1988, section 471.999, is 
amended to read: 
    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 of each year on the status of compliance 
with section 471.992, subdivision 1, by governmental 
subdivisions. 
    The report must include a list of the political 
subdivisions in compliance with section 471.992, subdivision 1, 
and the estimated cost of compliance.  The report must also 
include a list of political subdivisions found by the 
commissioner to be not in compliance, the basis for that 
finding, recommended changes to achieve compliance, estimated 
cost of compliance, and recommended penalties, if any.  The 
commissioner's report shall must include a list of political 
subdivisions which that did not comply with the reporting 
requirements of this section.  The commissioner may request, and 
a subdivision shall provide, any additional information needed 
for the preparation of a report under this subdivision. 
    Sec. 12.  Minnesota Statutes 1989 Supplement, section 
485.018, subdivision 7, is amended to read: 
    Subd. 7.  [APPEAL FROM RESOLUTION OF THE BOARD.] The court 
administrator of district court, if dissatisfied with the action 
of the county board in setting the amount of the court 
administrator's salary or the amount of the budget for the 
office of court administrator of district court, may appeal to 
the district court on the grounds that the determination of the 
county board in setting such the salary or budget was arbitrary, 
capricious, oppressive, or without sufficiently taking into 
account the extent of the responsibilities and duties of said 
the court administrator's office, and the court administrator's 
experience, qualifications, and performance.  The appeal shall 
must be taken within 15 days after the date of the resolution 
setting such the salary or budget by serving a notice of appeal 
on the county auditor and filing same a copy with the court 
administrator of the district court.  The court, either in term 
or vacation and upon ten days days' notice to the chair of the 
board, shall hear such the appeal.  On the hearing of the 
appeal, the court shall review the decision or resolution of the 
board in a hearing de novo and may hear new or additional 
evidence, or the court may order the officer appealing and the 
board to submit briefs or other memoranda and may dispose of the 
appeal on such those writings.  If the court shall find finds 
that the board acted in an arbitrary, capricious, oppressive, or 
unreasonable manner, or without sufficiently taking into account 
the responsibilities and duties of the office of the court 
administrator, and the court administrator's experience, 
qualifications, and performance, it shall make such an order to 
take the place of the order appealed from as is justified by the 
record and shall remand the matter to the county board for 
further action consistent with the court's findings.  It is 
prima facie evidence that the board did not act in an arbitrary, 
capricious, oppressive, or unreasonable manner or without taking 
into account the responsibilities and duties of the office of 
the court administrator, and the court administrator's 
experience, qualifications, and performance, if the board's 
action was in accordance with a job evaluation system under 
section 471.994.  After determination of the appeal the county 
board shall proceed in conformity therewith with the court's 
order.  This subdivision is not in effect from July 1, 1989, to 
July 1, 1991, with respect to the amount of the budget of the 
office of court administrator of district court. 
    Sec. 13.  [REPEALER.] 
    Minnesota Statutes 1988, sections 471.992, subdivision 3; 
471.996; and 471.9981, subdivisions 2, 3, 4, and 5, are repealed.
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 11:22 p.m.