language to be deleted (2) new language
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 totalthe 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 tounder 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 ashall review the implementation report submitted by a governmental subdivision , that it has failed to implement its plan for implementingto 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 toor 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 waivesuspend 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 subdivisionsof 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 shallmust include a list of politicalsubdivisions whichthat 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 suchthe salary or budget was arbitrary, capricious, oppressive, or without sufficiently taking into account the extent of the responsibilities and duties of saidthe court administrator's office, and the court administrator's experience, qualifications, and performance. The appeal shallmust be taken within 15 days after the date of the resolution setting suchthe salary or budget by serving a notice of appeal on the county auditor and filing samea copy with the court administrator of the district court. The court, either in term or vacation and upon ten daysdays' notice to the chair of the board, shall hear suchthe 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 suchthose writings. If the court shall findfinds 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 suchan 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 therewithwith 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.