Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 582-S.F.No. 2565 
           An act relating to the bureau of mediation services; 
          eliminating the Minnesota public employment relations 
          board; modifying arbitration procedures; amending 
          Minnesota Statutes 1990, sections 14.03, subdivision 
          2; 43A.06, subdivision 2; 179A.03, subdivisions 3, 5, 
          and 17; 179A.10, subdivisions 1 and 3; 179A.12, 
          subdivision 3; 179A.13, subdivision 3; 179A.16, 
          subdivisions 3, 5, and 8; 179A.17; 179A.18, 
          subdivision 1; 179A.20, subdivision 1; 179A.21, 
          subdivisions 2 and 3; 179A.22, subdivision 4; and 
          179A.25; Minnesota Statutes 1991 Supplement, sections 
          179A.04, subdivision 3; 179A.13, subdivision 2; and 
          179A.16, subdivisions 4, 6, and 7; proposing coding 
          for new law in Minnesota Statutes, chapter 179A; 
          repealing Minnesota Statutes 1990, section 179A.05, as 
          amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 14.03, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTESTED CASE PROCEDURES.] The contested case 
procedures of the administrative procedure act provided in 
sections 14.57 to 14.69 do not apply to (a) the Minnesota 
municipal board, (b) the commissioner of corrections, (c) the 
unemployment insurance program and the social security 
disability determination program in the department of jobs and 
training, (d) the director commissioner of mediation services, 
(e) the workers' compensation division in the department of 
labor and industry, (f) the workers' compensation court of 
appeals, or (g) the board of pardons, or (h) the public 
employment relations board.  
    Sec. 2.  Minnesota Statutes 1990, section 43A.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [HEARINGS.] The commissioner shall represent the 
state at hearings conducted by the commissioner of the bureau of 
mediation services and the public employment relations board.  
    Sec. 3.  Minnesota Statutes 1990, section 179A.03, 
subdivision 3, is amended to read: 
    Subd. 3. [BOARD BUREAU.] "Board" "Bureau" means the 
Minnesota public employment relations board bureau of mediation 
services. 
    Sec. 4.  Minnesota Statutes 1990, section 179A.03, 
subdivision 5, is amended to read: 
    Subd. 5.  [COMMISSIONER.] "Commissioner of the Minnesota 
bureau of mediation services" or "commissioner"  means the 
commissioner of the bureau of mediation services.  
    Sec. 5.  Minnesota Statutes 1990, section 179A.03, 
subdivision 17, is amended to read: 
    Subd. 17.  [SUPERVISORY EMPLOYEE.] "Supervisory employee" 
means a person who has the authority to undertake a majority of 
the following supervisory functions in the interests of the 
employer:  hiring, transfer, suspension, promotion, discharge, 
assignment, reward, or discipline of other employees, direction 
of the work of other employees, or adjustment of other 
employees' grievances on behalf of the employer.  To be included 
as a supervisory function which the person has authority to 
undertake, the exercise of the authority by the person may not 
be merely routine or clerical in nature but must require the use 
of independent judgment.  An employee, other than an essential 
employee, who has authority to effectively recommend a 
supervisory function, is deemed to have authority to undertake 
that supervisory function for the purposes of this subdivision. 
The administrative head of a municipality, municipal utility, or 
police or fire department, and the administrative head's 
assistant, are always considered supervisory employees.  A 
determination that a person is or is not a supervisory employee 
may be appealed to the public employment relations board.  
    The removal of employees by the employer from a 
nonsupervisory bargaining units appropriate unit for the purpose 
of designating the employees as "supervisory employees" shall 
require either the prior written agreement of the exclusive 
representative and the written approval of the commissioner or a 
separate determination by the commissioner before the 
redesignation is effective.  
    Sec. 6.  Minnesota Statutes 1991 Supplement, 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 maintain a 
list of arbitrators for referral to employers and exclusive 
representatives for the resolution of grievance or interest 
disputes; 
    (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 relating 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 arbitrators and 
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; 
    (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; and 
    (m) provide to the parties a list of arbitrators as 
required by section 179A.16, subdivision 4; and 
    (n) from the names provided by representative 
organizations, maintain a list of arbitrators to conduct teacher 
discharge or termination hearings according to section 125.12 or 
125.17.  The persons on the list shall meet at least one of the 
following requirements: 
    (1) be a former or retired judge; 
    (2) be a qualified arbitrator on the list maintained by 
either the bureau of mediation services or the public employment 
relations board according to section 179A.05, subdivision 6; 
    (3) be a present, former, or retired administrative law 
judge; or 
    (4) be a neutral individual who is learned in the law and 
admitted to practice in Minnesota, who is qualified by 
experience to conduct these hearings, and who is without bias to 
either party. 
    Each year, the Minnesota education association shall 
provide a list of seven names, the Minnesota federation of 
teachers a list of seven names, and the Minnesota school boards 
association a list of 14 names of persons to be on the list.  
The commissioner may adopt rules about maintaining and updating 
the list. 
    Sec. 7.  [179A.051] [APPEALS OF COMMISSIONER'S DECISIONS.] 
    Decisions of the commissioner relating to supervisory, 
confidential, essential, and professional employees, 
appropriateness of a unit, or fair share fee challenges may be 
reviewed on certiorari by the court of appeals.  A petition for 
a writ of certiorari must be filed and served on the other party 
or parties and the commissioner within 30 days from the date of 
the mailing of the commissioner's decision.  The petition must 
be served on the other party or parties at the party's or 
parties' last known address. 
    Sec. 8.  Minnesota Statutes 1990, section 179A.10, 
subdivision 1, is amended to read: 
    Subdivision 1.  [EXCLUSIONS.] The commissioner of employee 
relations shall meet and negotiate with the exclusive 
representative of each of the units specified in this section. 
The units provided in this section are the only appropriate 
units for executive branch state employees.  The following 
employees shall be excluded from any appropriate unit:  
    (1) the positions and classes of positions in the 
classified and unclassified services defined as managerial by 
the commissioner of employee relations in accordance with 
section 43A.18, subdivision 3, and so designated in the official 
state compensation schedules; 
    (2) unclassified positions in the state university system 
and the community college system defined as managerial by their 
respective boards; 
    (3) positions of physician employees compensated under 
section 43A.17, subdivision 4; 
    (4) positions of all unclassified employees appointed by a 
constitutional officer; 
    (5) positions in the bureau of mediation services and the 
public employment relations board; 
    (6) positions of employees whose classification is pilot or 
chief pilot; 
    (7) administrative law judge and compensation judge 
positions in the office of administrative hearings; and 
    (8) positions of all confidential employees.  
     The governor may upon the unanimous written request of 
exclusive representatives of units and the commissioner direct 
that negotiations be conducted for one or more units in a common 
proceeding or that supplemental negotiations be conducted for 
portions of a unit or units defined on the basis of appointing 
authority or geography.  
    Sec. 9.  Minnesota Statutes 1990, section 179A.10, 
subdivision 3, is amended to read: 
    Subd. 3.  [STATE EMPLOYEE SEVERANCE.] Each of the following 
groups of employees has the right, as specified in this 
subdivision, to separate from the general professional, health 
treatment, or general supervisory units provided for in 
subdivision 2:  attorneys, physicians, professional employees of 
the higher education coordinating board who are compensated 
under section 43A.18, subdivision 4, state patrol-supervisors, 
regional enforcement officers employed by the department of 
natural resources, and criminal apprehension 
investigative-supervisors.  This right must be exercised by 
petition during the 60-day period commencing 270 days prior to 
the termination of a contract covering the units.  If one of 
these groups of employees exercises the right to separate from 
the units they have no right to meet and negotiate, but retain 
the right to meet and confer with the commissioner of employee 
relations and with the appropriate appointing authority on any 
matter of concern to them.  The right to separate 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 units 
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 for the petitioner from the 
employees, the commissioner shall hold an election to ascertain 
the wishes of the majority with respect to the issue of 
remaining within or severing from the units provided in 
subdivision 2.  This election must be conducted within 30 days 
of the close of the petition period.  If a majority of votes 
cast endorse severance from the unit in favor of separate meet 
and confer status for any one of these groups of employees, the 
commissioner shall certify that result.  This election, where 
not inconsistent with other provisions of this section, is 
governed by section 179A.16 179A.12.  If a group of employees 
elects to sever, the group may rejoin that unit by following the 
same procedures specified above for severance, but may only do 
so during the periods provided for severance.  
    Sec. 10.  Minnesota Statutes 1990, section 179A.12, 
subdivision 3, is amended to read: 
    Subd. 3.  [OBTAINING ELECTIONS.] Any employee organization 
may obtain a certification election upon petition to the 
commissioner stating that at least 30 percent of the employees 
of a proposed employee appropriate unit wish to be represented 
by the petitioner.  Any employee organization may obtain a 
representation election upon petition to the commissioner 
stating that the currently certified representative no longer 
represents the majority of employees in an established unit and 
that at least 30 percent of the employees in the established 
unit wish to be represented by the petitioner rather than by the 
currently certified representative.  An individual employee or 
group of employees in a unit may obtain a decertification 
election upon petition to the commissioner stating the certified 
representative no longer represents the majority of the 
employees in an established unit and that at least 30 percent of 
the employees wish to be unrepresented.  
    Sec. 11.  Minnesota Statutes 1991 Supplement, 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 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 a blacklist of individuals 
exercising 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; 
    (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 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. 12.  Minnesota Statutes 1990, section 179A.13, 
subdivision 3, is amended to read: 
     Subd. 3.  [EMPLOYEES.] Employee organizations, their agents 
or representatives, and public employees are prohibited from:  
     (1) restraining or coercing employees in the exercise of 
rights provided in sections 179A.01 to 179A.25; 
     (2) restraining or coercing a public employer in the 
election of representatives to be employed to meet and negotiate 
or to adjust grievances; 
     (3) refusing to meet and negotiate in good faith with a 
public employer, if the employee organization is the exclusive 
representative of employees in an appropriate unit; 
    (4) violating rules established by the commissioner 
regulating the conduct of representation elections; 
     (5) refusing to comply with a valid decision of an 
arbitration panel or arbitrator; 
     (6) calling, instituting, maintaining, or conducting a 
strike or boycott against any public employer on account of any 
jurisdictional controversy; 
     (7) coercing or restraining any person with the effect to:  
     (a) force or require any public employer to cease dealing 
or doing business with any other person or; 
     (b) force or require a public employer to recognize for 
representation purposes an employee organization not certified 
by the commissioner; 
     (c) refuse to handle goods or perform services; 
    (d) preventing an employee from providing services to the 
employer; 
    (8) committing any act designed to damage or actually 
damaging physical property or endangering the safety of persons 
while engaging in a strike; 
    (9) forcing or requiring any employer to assign particular 
work to employees in a particular employee organization or in a 
particular trade, craft, or class rather than to employees in 
another employee organization or in another trade, craft, or 
class; 
    (10) causing or attempting to cause a public employer to 
pay or deliver or agree to pay or deliver any money or other 
thing of value, in the nature of an exaction, for services which 
are not performed or not to be performed; 
    (11) engaging in an unlawful strike; 
    (12) picketing which has an unlawful purpose such as 
secondary boycott; 
    (13) picketing which unreasonably interferes with the 
ingress and egress to facilities of the public employer; 
    (14) seizing or occupying or destroying property of the 
employer; 
    (15) violating or refusing to comply with any lawful order 
or decision issued by the commissioner or the board.  
    Sec. 13.  Minnesota Statutes 1990, section 179A.16, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROCEDURE.] Within 15 days from the time the 
commissioner has certified a matter to be ready for binding 
arbitration because of an agreement under subdivision 1 or in 
accordance with subdivision 2, both parties shall submit their 
final positions on the items in dispute.  The commissioner shall 
submit these matters to the board once the 15-day period for the 
submission of final positions has elapsed, along with any final 
positions submitted by the parties.  In the event of a dispute 
over the items to be submitted to binding arbitration involving 
essential employees, the commissioner shall determine the items 
to be decided by the arbitration panel based on the efforts to 
mediate the dispute and the positions submitted by the parties 
during the course of those efforts.  The parties may stipulate 
items to be excluded from arbitration. 
    Sec. 14.  Minnesota Statutes 1991 Supplement, section 
179A.16, subdivision 4, is amended to read: 
    Subd. 4.  [CONSTRUCTION SELECTION OF ARBITRATION ARBITRATOR 
OR PANEL OF ARBITRATORS.] The parties may select persons who are 
members of the arbitration roster maintained by the board bureau 
to act as the arbitration arbitrator or panel in their dispute 
by mutual agreement.  In the event of a mutual agreement on 
the members of the arbitration arbitrator or 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 arbitrator or panel.  If the parties have do not 
mutually agreed agree upon the arbitrator or panel members by 
the time the commissioner certifies the matter to the board, the 
board commissioner shall provide the parties to the interest 
arbitration a list of seven arbitrators.  The board commissioner 
shall mail the list of arbitrators to the parties within five 
working days.  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 shall constitute the arbitration 
arbitrator or panel. 
    Sec. 15.  Minnesota Statutes 1990, section 179A.16, 
subdivision 5, is amended to read: 
    Subd. 5.  [JURISDICTION OF THE ARBITRATOR OR PANEL.] The 
arbitration arbitrator or panel selected by the parties has 
jurisdiction over the items of dispute certified to and 
submitted by the board commissioner.  However, the arbitrator or 
panel has no jurisdiction or authority to entertain any matter 
or issue that is not a term and condition of employment, unless 
the matter or issue was included in the employer's final 
position.  Any order decision or part of an order a decision 
issued by a panel which determines a matter or issue which is 
not a term or condition of employment and was not included in 
the employer's final position is void and of no effect.  A 
decision of the panel which violates, is in conflict with, or 
causes a penalty to be incurred under:  (1) the laws of 
Minnesota; or (2) rules promulgated under law, or municipal 
charters, ordinances, or resolutions, provided that the rules, 
charters, ordinances, and resolutions are consistent with this 
chapter, has no force or effect and shall be returned to the 
arbitrator or panel to make it consistent with the laws, rules, 
charters, ordinances, or resolutions.  
    Sec. 16.  Minnesota Statutes 1991 Supplement, section 
179A.16, subdivision 6, is amended to read: 
    Subd. 6.  [POWERS OF THE ARBITRATOR OR PANEL.] If the 
parties are unable to agree on a prompt, mutually acceptable 
date for an arbitration panel to meet, the panel may propose a 
series of dates on which to meet.  The parties shall 
alternatively strike dates until a single date remains.  The 
hearing must be held on that date. 
    The arbitration arbitrator or panel may issue subpoenas 
requiring the attendance and testimony of witnesses and the 
production of evidence which relates to any matter involved in 
any dispute before it.  The arbitrator or panel may administer 
oaths and affidavits and may examine witnesses. Attendance of 
witnesses and the production of evidence may be required from 
any place in the state at any hearing.  However, the panel's 
meeting any hearing shall be held in the county where the 
principal administrative offices of the employer are located, 
unless another location is selected by agreement of the 
parties.  In case of refusal to obey a subpoena issued under 
this section, the district court of the state for the county 
where the proceeding is pending or where the person who refuses 
to obey is found, or resides, or transacts business shall, on 
application of the arbitrator or panel, have jurisdiction to 
issue an order requiring the person to appear before the panel, 
to produce evidence, or to give testimony.  Failure to obey the 
order may be punished by the court as a contempt.  
    Sec. 17.  Minnesota Statutes 1991 Supplement, section 
179A.16, subdivision 7, is amended to read: 
    Subd. 7.  [DECISION BY THE ARBITRATOR OR PANEL.] The 
panel's order decision shall be issued by the arbitrator or a 
majority vote of its members the panel.  The order decision 
shall resolve the issues in dispute between the parties as 
submitted by the board commissioner.  For principals and 
assistant principals, the arbitrator or panel shall be 
restricted to selecting between the final offers of the parties 
on each impasse item.  For other employees, if the parties agree 
in writing, the arbitrator or panel shall be restricted to 
selecting between the final offers of the parties on each 
impasse item, or the final offer of one or the other parties in 
its entirety.  In considering a dispute and issuing its order 
decision, the arbitrator or panel shall consider the statutory 
rights and obligations of public employers to efficiently manage 
and conduct their operations within the legal limitations 
surrounding the financing of these operations.  The panel's 
decision and order shall be final and binding on all parties.  
    The arbitrator or panel shall render its order decision 
within 30 days from the date that all arbitration proceedings 
have concluded.  This deadline may be extended only with the 
approval of the chair of the board commissioner.  The board 
commissioner shall adopt rules establishing criteria to be 
followed in determining whether an extension should be granted. 
The panel's order decision must be for the period stated in the 
order decision, except that orders decisions determining 
contracts for teacher units are effective to the end of the 
contract period determined by section 179A.20.  
    The arbitrator or panel shall send its decision and orders 
to the board, the commissioner, the appropriate representative 
of the public employer, and the employees.  If any issues 
submitted to arbitration are settled voluntarily before the 
arbitrator or panel issues a decision, the arbitrator or panel 
shall report the settlement to the board and the commissioner.  
    The parties may at any time prior to before or after 
issuance of an order a decision of the arbitration arbitrator or 
panel, agree upon terms and conditions of employment regardless 
of the terms and conditions of employment determined by 
the order decision.  The parties shall, if so agreeing, execute 
a written contract or memorandum of contract.  
    Sec. 18.  Minnesota Statutes 1990, section 179A.16, 
subdivision 8, is amended to read: 
    Subd. 8.  [PAYMENT OF THE ARBITRATOR OR PANEL.] The 
arbitrator or panel members of the panel shall be paid actual 
and necessary traveling and other expenses incurred in the 
performance of their duties plus an allowance of $180 for each 
day or part of a day spent considering a dispute.  All costs of 
the panel shall be shared equally by the parties to the dispute. 
    Sec. 19.  Minnesota Statutes 1990, section 179A.17, is 
amended to read: 
    179A.17 [NEW EXCLUSIVE REPRESENTATIVES.] 
    Subdivision 1.  [FOR TEACHERS.] If a new or different 
exclusive representative of teachers employed by a local school 
district is certified by the commissioner at any time other than 
the period between 120 days before the termination date of a 
contract and the termination date of the contract, or if on July 
1 of any odd-numbered year a representation proceeding involving 
the employer and the employer's teachers is before the 
commissioner, section 179A.18, subdivision 2, clause (1), shall 
apply.  In those cases, however, the employer and the exclusive 
representative of the teachers shall execute a written contract 
or memorandum of contract no later than 60 days after a 
certification by the commissioner of a new or different 
exclusive representative or the resolution by the commissioner 
of a representation proceeding.  Either party may petition the 
commissioner of mediation services for assistance in reaching an 
agreement.  If the employer and the exclusive representative of 
the teachers fail to execute a contract by 60 days after the 
certification of a new or different exclusive representative or 
the resolution by the commissioner of a representation 
proceeding, they shall be conclusively presumed to be at an 
impasse after having participated in mediation as specified in 
section 179A.18, subdivision 2, clause (1)(b).  
    Subd. 2.  [NONTEACHERS.] If a new or different exclusive 
representative of employees other than teachers employed by a 
local school district is certified by the commissioner, or if on 
the expiration date of an existing contract a representation 
proceeding is before the commissioner, section 179A.18, 
subdivision 1, clause (1), shall apply.  In those cases, 
however, the employer and the exclusive representative of the 
employees shall execute a written contract or memorandum of 
contract no later than 45 days after a certification by the 
commissioner of a new or different exclusive representative or 
the resolution by the commissioner of a representation 
proceeding.  Either party may petition the commissioner of 
mediation services for assistance in reaching an agreement.  If 
the employer and the exclusive representative fail to execute a 
contract by 45 days after the certification of a new or 
different exclusive representative or the resolution by the 
commissioner of a representation proceeding, they shall be 
conclusively presumed to be at an impasse after having 
participated for a period of no less than 45 days in mediation 
sessions.  
    Sec. 20.  Minnesota Statutes 1990, section 179A.18, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WHEN AUTHORIZED.] Confidential, Essential, 
and managerial employees may not strike.  Except as otherwise 
provided by subdivision 2 and section 179A.17, subdivision 2, 
other public employees may strike only under the following 
circumstances:  
    (1)(a) The collective bargaining agreement between their 
exclusive representative and their employer has expired or, if 
there is no agreement, impasse under section 179A.17, 
subdivision 2, has occurred; and 
    (b) The exclusive representative and the employer have 
participated in mediation over a period of at least 45 days, 
provided that the mediation period established by section 
179A.17, subdivision 2, shall govern negotiations pursuant to 
that section.  For the purposes of this subclause the mediation 
period commences on the day following receipt by the 
commissioner of a request for mediation; or 
    (2) The employer violates section 179A.13, subdivision 2, 
clause (9); or 
    (3) In the case of state employees, 
    (a) The legislative commission on employee relations has 
not given approval during a legislative interim to a negotiated 
agreement or arbitration award decision under section 179A.22, 
subdivision 4, within 30 days after its receipt; or 
    (b) The entire legislature rejects or fails to ratify a 
negotiated agreement or arbitration award decision, which has 
been approved during a legislative interim by the legislative 
commission on employee relations, at a special legislative 
session called to consider it, or at its next regular 
legislative session, whichever occurs first.  
    Sec. 21.  Minnesota Statutes 1990, section 179A.20, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WRITTEN CONTRACT.] The exclusive 
representative and the employer shall execute a written contract 
or memorandum of contract containing the terms of the negotiated 
agreement or interest arbitration award decision and any terms 
established by law.  
    Sec. 22.  Minnesota Statutes 1990, section 179A.21, 
subdivision 2, is amended to read: 
    Subd. 2.  [SELECTION.] If the parties to a contract cannot 
agree upon an arbitrator or panel of arbitrators as provided by 
the contract grievance procedures or the procedures established 
by the commissioner, the parties shall, under direction of the 
board, alternately strike names from a list of five arbitrators 
selected by the board commissioner until only one name remains.  
This arbitrator shall decide the grievance and the decision is 
binding upon the parties.  The parties shall share equally the 
costs and fees of the arbitrator.  
    Sec. 23.  Minnesota Statutes 1990, section 179A.21, 
subdivision 3, is amended to read: 
    Subd. 3.  [LIMITS.] Arbitration decisions authorized or 
required by a grievance procedure are subject to the limitations 
contained in section 179A.16, subdivision 5.  The arbitrator 
shall send the board and the commissioner a copy of each 
grievance arbitration decision and any written explanation.  If 
any issues submitted to arbitration are settled voluntarily 
before the arbitrator issues a decision, the arbitrator shall 
report the settlement to the board and the commissioner. 
    Sec. 24.  Minnesota Statutes 1990, section 179A.22, 
subdivision 4, is amended to read: 
    Subd. 4.  [AGREEMENTS.] The commissioner of employee 
relations is authorized to enter into agreements with exclusive 
representatives.  The negotiated agreements and arbitration 
awards decision shall be submitted to the legislature to be 
accepted or rejected in accordance with this section and section 
3.855.  
    If a proposed agreement or arbitration award decision is 
rejected or is not approved by the legislature prior to its 
adjournment in an odd-numbered year, the legislative commission 
on employee relations is authorized to give interim approval to 
a proposed agreement or arbitration award decision.  The 
proposed agreement or arbitration award decision shall be 
implemented upon its approval by the commission and state 
employees covered by the proposed agreement or arbitration award 
decision shall not have the right to strike while the interim 
approval is in effect.  The commission shall submit the 
agreement or arbitration award decision to the legislature for 
ratification at a special legislative session called to consider 
it or at its next regular legislative session.  Wages and 
economic fringe benefit increases provided for in the agreement 
or arbitration award decision which were paid pursuant to the 
interim approval by the commission shall not be affected but 
these wages and benefit increases shall cease to be paid or 
provided effective upon the rejection of the agreement or 
arbitration award decision or upon adjournment by the 
legislature without acting upon the agreement or 
arbitration award decision.  
    Sec. 25.  Minnesota Statutes 1990, section 179A.25, is 
amended to read: 
    179A.25 [INDEPENDENT REVIEW.] 
    It is the public policy of the state of Minnesota that 
every public employee should be provided with the right of 
independent review, by a disinterested person or agency, of any 
grievance arising out of the interpretation of or adherence to 
terms and conditions of employment.  When such review is not 
provided under statutory, charter, or ordinance provisions for a 
civil service or merit system, the governmental agency may 
provide for such review consistent with the provisions of law or 
charter.  If no other procedure exists for the independent 
review of such grievances, the employee may present the 
grievance to the public employment relations panel commissioner 
under procedures established by the board commissioner.  
    Sec. 26.  [REPEALER.] 
    Minnesota Statutes 1990, section 179A.05, as amended by 
Laws 1991, chapter 238, article 2, section 1, is repealed. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:12 p.m.