Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 122-H.F.No. 1199 
           An act relating to state government; the legislative 
          commission on employee relations; raising the top of a 
          salary range for a judicial position; modifying 
          provisions relating to certain plans; ratifying 
          certain salaries and a bargaining agreement; amending 
          Minnesota Statutes 1992, sections 15A.083, subdivision 
          4; 43A.18, subdivision 4; and 179A.04, subdivision 3; 
          repealing Minnesota Statutes 1992, section 43A.24, 
          subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 15A.083, 
subdivision 4, is amended to read: 
    Subd. 4.  [RANGES FOR OTHER JUDICIAL POSITIONS.] Salaries 
or salary ranges are provided for the following positions in the 
judicial branch of government.  The appointing authority of any 
position for which a salary range has been provided shall fix 
the individual salary within the prescribed range, considering 
the qualifications and overall performance of the employee.  The 
supreme court shall set the salary of the state court 
administrator and the salaries of district court 
administrators.  The salary of the state court administrator or 
a district court administrator may not exceed the salary of a 
district court judge.  If district court administrators die, the 
amounts of their unpaid salaries for the months in which their 
deaths occur must be paid to their estates.  The salaries of the 
district administrators of the second, fourth, and sixth 
judicial districts may be supplemented by the appropriate county 
board in an amount not to exceed $10,000 per year.  The salary 
supplement may be made effective only until January 1, 1988.  
The salary of the state public defender shall must be 95 percent 
of the salary of the attorney general.  
                                        Salary or Range
                                           Effective 
                                             July 1,
                                              1992 1994
Board on judicial standards
executive director                       $44,000-60,000 70,000
    Sec. 2.  Minnesota Statutes 1992, section 43A.18, 
subdivision 4, is amended to read: 
    Subd. 4.  [PLANS NOT ESTABLISHED BUT APPROVED BY 
COMMISSIONER.] Notwithstanding any other law to the contrary, 
total compensation for employees listed in this subdivision must 
be set by appointing authorities within the limits of 
compensation plans that have been approved by the commissioner 
before becoming effective.  Compensation plans established under 
paragraphs (b), (c), and (d), and (e) must be approved by the 
legislature and the legislative commission on employee relations 
under subdivision 2 before becoming effective. 
    (a) Total compensation for employees who are not covered by 
a collective bargaining agreement in the offices of the 
governor, lieutenant governor, attorney general, secretary of 
state, state auditor, and state treasurer must be determined by 
the governor, lieutenant governor, attorney general, secretary 
of state, state auditor, and state treasurer, respectively.  
    (b) Total compensation for unclassified positions under 
section 43A.08, subdivision 1, clause (9), in the state 
universities and the community colleges not covered by a 
collective bargaining agreement must be determined by the state 
university board and the state board for community colleges, 
respectively. 
    (c) Total compensation for classified administrative law 
judges in the office of administrative hearings must be 
determined by the chief administrative law judge.  
    (d) Total compensation for unclassified positions not 
covered by a collective bargaining agreement in the higher 
education coordinating board and in the state board of technical 
colleges must be determined by the higher education coordinating 
board and the state board of technical colleges, respectively. 
    (e) Total compensation for unclassified positions not 
covered by a collective bargaining agreement in the higher 
education board must be determined by the higher education board.
     Sec. 3.  Minnesota Statutes 1992, 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) 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; 
     (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 decisions of 
arbitrators and panels authorized by sections 179A.01 to 
179A.25, all grievance arbitration decisions, and the 
commissioner's orders and decisions.  All 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; 
    (m) provide to the parties a list of arbitrators as 
required by section 179A.16, subdivision 4; 
    (n) adopt, subject to chapter 14, uniform baseline 
determination documents and uniform collective bargaining 
agreement settlement documents applicable to all negotiations 
between exclusive representatives of appropriate units of public 
employees and public employers other than townships and 
prescribe procedures and instructions for completion of the 
documents.  The commissioner must, at a minimum, include these 
individual elements in the uniform baseline determination 
document:  the costs of any increases to the wage schedule; the 
costs of employees moving through the wage schedule; costs of 
medical insurance; costs of dental insurance; costs of life 
insurance; lump sum payments; shift differentials; 
extracurricular activities; longevity; and contributions to a 
deferred compensation account.  The calculation of the base year 
must be based on an annualization of the costs provided in the 
base year contract.  A completed uniform collective bargaining 
agreement settlement document must be presented to the public 
employer at the time it ratifies a collective bargaining 
agreement and must be available afterward for inspection during 
normal business hours at the principal administrative offices of 
the public employer; and 
    (o) 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 the 
bureau; 
    (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. 4.  [RATIFICATIONS.] 
    Subdivision 1.  [CHANCELLOR, TECHNICAL COLLEGE SYSTEM.] The 
salary of $92,800 for the chancellor of the technical college 
system, approved by the legislative commission on employee 
relations on December 22, 1992, is ratified. 
    Subd. 2.  [DIRECTOR, HIGHER EDUCATION COORDINATING 
BOARD.] The salary of $93,350 for the director of the higher 
education coordinating board, approved by the legislative 
commission on employee relations on December 22, 1992, is 
ratified. 
    Subd. 3.  [CHANCELLOR, HIGHER EDUCATION BOARD.] The salary 
of $103,600 for the chancellor of the higher education board, 
approved by the legislative commission on employee relations on 
December 22, 1992, is ratified. 
    Subd. 4.  [UNIT 1.] The collective bargaining agreement 
between the state of Minnesota and state bargaining unit 1, 
represented by the Minnesota law enforcement association, 
approved by the legislative commission on employee relations on 
March 26, 1993, is ratified. 
    Sec. 5.  [SETTLEMENT DOCUMENTS.] 
    The department of employee relations must complete the 
uniform collective bargaining agreement settlement documents 
prescribed under Minnesota Statutes, section 179A.04, 
subdivision 3, clause (n), for collective bargaining agreements 
effective after June 30, 1993. 
    Sec. 6.  [HAY EVALUATION.] 
    The commissioner of employee relations shall conduct a Hay 
evaluation of the position of the director of the board of 
judicial standards and submit a report comparing this position 
with other comparable managerial positions to the legislative 
commission on employee relations by January 15, 1994. 
    Sec. 7.  [REPEALER.] 
    Minnesota Statutes 1992, section 43A.24, subdivision 3, is 
repealed. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Section 1 is effective July 1, 1994.  Sections 2 to 7 are 
effective the day following final enactment. 
    Presented to the governor May 10, 1993 
    Signed by the governor May 11, 1993, 5:48 p.m.