language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 546-S.F.No. 2181 An act relating to labor; regulating joint labor-management committees; regulating public employee elections; providing for the selection of arbitrators by mutual agreement; amending Minnesota Statutes 1988, sections 179.02, by adding a subdivision; 179.84, subdivision 1; 179.85; 179A.04, subdivision 3; 179A.12, subdivisions 7 and 11; and Minnesota Statutes 1989 Supplement, section 179A.16, subdivision 4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1988, section 179.02, is amended by adding a subdivision to read: Subd. 5. [LABOR-MANAGEMENT COMMITTEES.] The commissioner may provide technical support and assistance to voluntary joint labor-management committees established for the purpose of improving relationships between unions and employers at area, industry, or work-site levels. Sec. 2. Minnesota Statutes 1988, section 179.84, subdivision 1, is amended to read: Subdivision 1. [REQUIREMENTS.] For each grant awarded the commissioner shall: (1) require an approved work plan that establishes measurable goals and objectives for the committee within the committee's area of responsibility and that prohibits the committee from becoming involved in contract disputes, labor negotiations, or grievance procedures; and (2)
establish a technical assistance delivery area outside the geographic area or sector covered by the area labor-management committee; (3) require the area labor-management committee to establish an approved technical assistance work plan for its external technical assistance delivery area; and (4)annually review the operating performance of each area labor-management committee receiving state money under this program. Sec. 3. Minnesota Statutes 1988, section 179.85, is amended to read: 179.85 [FUNDING LIMITATIONS.] A new or existing area labor-management committee may apply for a maximum grant of $75,000 per year. A new or existing area labor-management committee may be awarded state grant money, and must provide money from other nonstate sources, in the following ratio of state and nonstate money: in the first year, 90 percent state and ten percent nonstate; in the second year, 80 percent state and 20 percent nonstate; in the third year and beyond, 50 percent state and 50 percent nonstate. In a grant to an existing or proposed area labor-management committee, ten percent of the grant is designated and may only be used for technical assistance services within an external technical assistance delivery area, both as specified by the commissioner under section 179.84.Sec. 4. Minnesota Statutes 1988, section 179A.04, subdivision 3, is amended to read: Subd. 3. [OTHER DUTIES.] The commissioner shall: (a) provide mediation services as requested by the parties until the parties reach agreement. The commissioner 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 commissioner 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 ordersrelating to the administration of this chapter; 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 commissioner'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 commissioner or in conjunction with fair share fee challenges; and (l) provide technical support and assistance to voluntary joint labor-management committees established for the purpose of improving relationships between exclusive representatives and employers, at the discretion of the commissioner. Sec. 5. Minnesota Statutes 1988, section 179A.12, subdivision 7, is amended to read: Subd. 7. [ELECTION ORDER.] The commissioner shall issue an order providing for a secret ballot election by the employees in a designated appropriate unit. The election shallmust be held in the premiseson one or more sites where those voting are employed unless the commissioner determines that the election cannot be fairly held, in which case it shall be held at a placeor by a mail ballot, as determined by the commissioner. In making this determination, the commissioner shall strive for an election process that provides for maximum participation by the affected employees. The parties affected by this determination may request reconsideration of it by the commissioner under bureau rules. Sec. 6. Minnesota Statutes 1988, section 179A.12, subdivision 11, is amended to read: Subd. 11. [UNFAIR LABOR PRACTICES.] If the commissioner finds that an unfair labor practice was committed by an employer or representative candidate or an employee or group of employees, and that the unfair labor practice affected the result of an election, or that procedural or other irregularities in the conduct of the election may have substantially affected its results, the commissioner may void the election result and order a new election. Sec. 7. Minnesota Statutes 1989 Supplement, section 179A.16, subdivision 4, is amended to read: Subd. 4. [CONSTRUCTION OF ARBITRATION PANEL.] The parties may select persons who are members of the arbitration roster maintained by the board to act as the arbitration panel in their dispute by mutual agreement. In the event of a mutual agreement on the members of the arbitration panel, the commissioner shall advise the board in writing of the selection of the panel members, and the persons selected shall serve as the arbitration panel. If the parties have not mutually agreed upon the panel members by the time the commissioner certifies the matter to the board, the board shall provide the parties to the interest arbitration a list of seven arbitrators. The parties shall alternately strike names from the list of arbitrators until only a single arbitrator remains, unless the parties request and mutually agree to utilize a panel of three arbitrators. If the parties are unable to agree on who shall strike the first name, the question must be decided by the flip of a coin. The arbitrator or arbitrators remaining after the striking procedure constitute the arbitration panel. Sec. 8. [EFFECTIVE DATE.] Sections 1 to 7 are effective the day following final enactment. Presented to the governor April 26, 1990 Signed by the governor May 4, 1990, 11:25 p.m.