Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 77-H.F.No. 173 
           An act relating to the University of Minnesota; 
          changing the structure of certain bargaining units; 
          amending Minnesota Statutes 1990, section 179A.11, 
          subdivisions 1 and 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 179A.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [UNITS.] The following are the appropriate 
units of University of Minnesota employees.  All units shall 
exclude managerial and confidential employees.  Supervisory 
employees shall only be assigned to unit 12 13.  No additional 
units of University of Minnesota employees shall be recognized 
for the purpose of meeting and negotiating.  
    (1) The law enforcement unit consists of the positions of 
all employees with the power of arrest.  
    (2) The craft and trades unit consists of the positions of 
all employees whose work requires specialized manual skills and 
knowledge acquired through formal training or apprenticeship or 
equivalent on-the-job training or experience.  
    (3) The service, maintenance, and labor unit consists of 
the positions of all employees whose work is typically that of 
maintenance, service, or labor and which does not require 
extensive previous training or experience, except as provided in 
unit 4.  
    (4) The health care nonprofessional and service unit 
consists of the positions of all nonprofessional employees of 
the University of Minnesota hospitals, dental school, and health 
service whose work is unique to those settings, excluding labor 
and maintenance employees as defined in unit 3.  
     (5) The nursing professional unit consists of all positions 
which are required to be filled by registered nurses.  
     (6) The clerical and office unit consists of the positions 
of all employees whose work is typically clerical or 
secretarial, including nontechnical data recording and retrieval 
and general office work, except as provided in unit 4.  
     (7) The technical unit consists of the positions of all 
employees whose work is not typically manual and which requires 
specialized knowledge or skills acquired through two-year 
academic programs or equivalent experience or on-the-job 
training, except as provided in unit 4.  
     (8) The Twin Cities instructional unit consists of the 
positions of all instructional employees with the rank of 
professor, associate professor, assistant professor, including 
research associate or instructor, including research fellow, 
located on the Twin Cities campuses.  
     (9) The outstate instructional unit consists of the 
positions of all instructional employees with the rank of 
professor, associate professor, assistant professor, including 
research associate or instructor, including research fellow, 
located at the Duluth campus, provided that the positions of 
instructional employees of the same ranks at the Morris, 
Crookston, or Waseca campuses shall be included within this unit 
if a majority of the eligible employees voting at a campus so 
vote during an election conducted by the commissioner, provided 
that the election shall not be held until the Duluth campus has 
voted in favor of representation.  The election shall be held 
when an employee organization or group of employees petitions 
the commissioner stating that a majority of the eligible 
employees at one of these campuses wishes to join the unit and 
this petition is supported by a showing of at least 30 percent 
support from eligible employees at that campus and is filed 
between September 1 and November 1.  
    Should both units 8 and 9 elect exclusive bargaining 
representatives, those representatives may by mutual agreement 
jointly negotiate a contract with the regents, or may negotiate 
separate contracts with the regents.  If the exclusive 
bargaining representatives jointly negotiate a contract with the 
regents, the contract shall be ratified by each unit.  
    (10) The graduate assistant unit consists of the positions 
of all graduate assistants who are enrolled in the graduate 
school and who hold the rank of research assistant, teaching 
assistant, teaching associate I or II, project assistant, or 
administrative fellow I or II.  
    (11) The academic professional and administrative staff 
unit consists of all academic professional and administrative 
staff positions that are not defined as included in an 
instructional unit, the supervisory unit, the clerical unit, or 
the technical unit. 
    (12) The noninstructional professional unit consists of the 
positions of all employees meeting the requirements of section 
179A.03, subdivision 14, clause (a) or (b), which are not 
defined as included within the an instructional unit, the 
academic professional and administrative staff unit, or the 
supervisory unit.  
    (12) (13) The supervisory employees unit consists of the 
positions of all supervisory employees. 
     Sec. 2.  Minnesota Statutes 1990, section 179A.11, 
subdivision 2, is amended to read: 
    Subd. 2.  [UNIVERSITY OF MINNESOTA EMPLOYEE SEVERANCE.] 
Each of the following groups of University of Minnesota 
employees shall have has the right, as specified in this 
subdivision, to separate from the instructional and supervisory 
units:  (1) health sciences instructional employees at all 
campuses with the rank of professor, associate professor, 
assistant professor, including research associate, or 
instructor, including research fellow, (2) instructional 
employees of the law school with the rank of professor, 
associate professor, assistant professor, including research 
associate, or instructor, including research fellow, (3) 
instructional supervisors, and (4) noninstructional professional 
supervisors, and (5) academic professional and administrative 
staff supervisors.  This right shall may be exercised by 
petition between September 1 and November 1.  If a group 
separates from its unit, it has no right to meet and negotiate, 
but retains the right to meet and confer with the appropriate 
officials on any matter of concern to them the group.  The right 
to separate shall must be exercised as follows:  An employee 
organization or group of employees claiming that a majority of 
any one of these groups of employees on a statewide basis wish 
to separate from their unit may petition the commissioner for an 
election during the petitioning period.  If the petition is 
supported by a showing of at least 30 percent support from the 
employees, the commissioner shall hold an election on the 
separation issue.  This election shall must be conducted within 
30 days of the close of the petition period. If a majority of 
votes cast endorse severance from their unit, the commissioner 
shall certify that result.  This election shall, Where not 
inconsistent with other provisions of this section, be the 
election is governed by section 179A.12.  If a group of 
employees severs, they it may rejoin that unit by following the 
procedures for severance during the periods for severance. 
    Presented to the governor May 9, 1991 
    Signed by the governor May 13, 1991, 1:59 p.m.