Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 239-H.F.No. 304 
 [At the time of publication, the question of whether this 
chapter is law was under consideration by Minnesota courts.] 
           An act relating to labor; providing that certain 
          hiring practices by an employer during a strike or 
          lockout are unfair labor practices; amending Minnesota 
          Statutes 1990, sections 179.12; and 179A.13. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 179.12, is 
amended to read: 
    179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.] 
    It shall be is an unfair labor practice for an employer: 
    (1) To institute any a lockout of its employees in 
violation of any a valid collective bargaining agreement between 
the employer and its employees or labor organization if the 
employees at the time are in good faith complying with the 
provisions of the agreement, or to violate the terms and 
conditions of such the bargaining agreement; 
    (2) To institute any a lockout of its employees in 
violation of section 179.06 or 179.07; 
    (3) To encourage or discourage membership in any a labor 
organization by discrimination in regard to hire or tenure of 
employment or any terms or conditions of employment; provided, 
that this clause shall does not apply to the provisions of 
collective bargaining agreements entered into voluntarily by an 
employer and its employees or a labor organization representing 
the employees as a bargaining agent, as provided by section 
179.16; 
    (4) To discharge or otherwise to discriminate against an 
employee because the employee has signed or filed any an 
affidavit, petition, or complaint or given any information or 
testimony under this chapter; 
    (5) To spy directly or through agents or any other persons 
upon any activities of employees or their representatives in the 
exercise of their legal rights; 
    (6) To distribute or circulate any a blacklist of 
individuals exercising any a legal right or of members of a 
labor organization for the purpose of preventing individuals so 
who are blacklisted from obtaining or retaining employment; 
    (7) To engage or contract for the services of a person who 
is an employee of another if such the employee is paid a wage 
which that is less than is agreed the wage to be paid by the 
engaging or contracting employer under an existing union 
contract for work of the same grade or classification; 
    (8) Willfully and knowingly to utilize any a professional 
strikebreaker to replace an employee or employees involved in a 
strike or lockout at a place of business located within this 
state; 
    (9) To grant or offer to grant the status of permanent 
replacement employee to a person for performing bargaining unit 
work for an employer during a lockout of employees in a labor 
organization or during a strike of employees in a labor 
organization authorized by a representative of employees; 
    (10) The violation of clauses (2), (4), (5), (6), 
(7), and (8), and (9) are hereby declared to be unlawful acts.  
    Sec. 2.  Minnesota Statutes 1990, section 179A.13, 
subdivision 2, is amended to read: 
    Subd. 2.  [EMPLOYERS.] Public employers, their agents and 
representatives are prohibited from:  
    (1) interfering, restraining, or coercing employees in the 
exercise of the rights guaranteed in sections 179A.01 to 
179A.25; 
    (2) dominating or interfering with the formation, 
existence, or administration of any employee organization or 
contributing other support to it; 
    (3) discriminating in regard to hire or tenure to encourage 
or discourage membership in an employee organization; 
    (4) discharging or otherwise discriminating against an 
employee because the employee has signed or filed an affidavit, 
petition, or complaint or given any information or testimony 
under sections 179A.01 to 179A.25; 
    (5) refusing to meet and negotiate in good faith with the 
exclusive representative of its employees in an appropriate 
unit; 
    (6) refusing to comply with grievance procedures contained 
in an agreement; 
    (7) distributing or circulating any a blacklist of 
individuals exercising any a legal right or of members of a 
labor organization for the purpose of preventing blacklisted 
individuals from obtaining or retaining employment; 
    (8) violating rules established by the commissioner 
regulating the conduct of representation elections; 
    (9) refusing to comply with a valid decision of a binding 
arbitration panel or arbitrator; 
    (10) violating or refusing to comply with any lawful order 
or decision issued by the commissioner or the board; or 
    (11) refusing to provide, upon the request of the exclusive 
representative, all information pertaining to the public 
employer's budget both present and proposed, revenues, and other 
financing information. provided that in the executive branch of 
state government, this clause shall may not be considered 
contrary to the budgetary requirements of sections 16A.10 and 
16A.11; or 
    (12) granting or offering to grant the status of permanent 
replacement employee to a person for performing bargaining unit 
work for the employer during a lockout of employees in an 
employee organization or during a strike authorized by an 
employee organization that is an exclusive representative. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment and apply to strikes and lockouts that occur on or 
after that date. 
    Presented to the governor May 28, 1991 
    Filed with the secretary of state June 10, 1991