Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 560-H.F.No. 2624
An act relating to employee relations; ratifying labor
agreements; making certain positions unclassified;
changing duties of the legislative commission on
employee relations; revising a salary range for a
certain position in the judicial branch; amending
Minnesota Statutes 1992, sections 3.855, subdivisions
2, 3, and by adding a subdivision; 15A.081,
subdivisions 7 and 7b; 15A.082, subdivisions 1 and 3;
43A.05, subdivision 5; 43A.08, subdivisions 1 and 1a;
43A.18, subdivisions 2, 3, and 5; 179A.10, subdivision
3; 179A.18, subdivision 1; and 179A.22, subdivision 4;
Minnesota Statutes 1993 Supplement, sections 15A.081,
subdivision 1; 15A.083, subdivision 4; 43A.18,
subdivision 4; and 179A.04, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [RATIFICATIONS.]
Subdivision 1. [COUNCIL 6.] The labor agreement between
the state of Minnesota and state bargaining units 2, 3, 4, 6,
and 7, represented by the American Federation of State, County
and Municipal Employees, council 6, approved by the legislative
commission on employee relations on August 16, 1993, is ratified.
Subd. 2. [SUPERVISORS.] The labor agreement between the
state of Minnesota and the Middle Management Association,
approved by the legislative commission on employee relations on
November 10, 1993, is ratified.
Subd. 3. [ENGINEERS.] The labor agreement between the
state of Minnesota and the Minnesota Government Engineers
Council, approved by the legislative commission on employee
relations on November 10, 1993, is ratified.
Subd. 4. [COMMUNITY COLLEGE FACULTY.] The labor agreement
between the state of Minnesota and the Minnesota Community
College Faculty Association, approved by the legislative
commission on employee relations on November 10, 1993, is
ratified.
Subd. 5. [NURSES.] The labor agreement between the state
of Minnesota and the Minnesota Nurses Association, approved by
the legislative commission on employee relations on January 21,
1994, is ratified.
Subd. 6. [SPECIAL TEACHERS.] The labor agreement between
the state of Minnesota and the State Residential Schools
Education Association, approved by the legislative commission on
employee relations on January 21, 1994, is ratified.
Subd. 7. [LAW ENFORCEMENT.] The labor agreement between
the state of Minnesota and the Minnesota Law Enforcement
Association, approved by the legislative commission on employee
relations on January 21, 1994, is ratified.
Subd. 8. [UNREPRESENTED EMPLOYEES, HIGHER EDUCATION
BOARD.] The plan for unclassified, unrepresented employees of
the higher education board, as modified and approved by the
legislative commission on employee relations on January 21,
1994, is ratified.
Subd. 9. [PROFESSIONAL EMPLOYEES.] The labor agreement
between the state of Minnesota and the Minnesota Association of
Professional Employees, approved by the legislative commission
on employee relations on February 17, 1994, is ratified.
Subd. 10. [MANAGERIAL PLAN.] The plan for managerial
employees, as approved by the legislative commission on employee
relations on February 17, 1994, is ratified.
Subd. 11. [UNREPRESENTED EMPLOYEES, HIGHER EDUCATION
COORDINATING BOARD.] The plan for unrepresented, unclassified
employees of the higher education coordinating board, as
recommended for modification by the department of employee
relations and approved by the legislative commission on employee
relations on February 17, 1994, is ratified.
Subd. 12. [COMMISSIONERS PLAN.] The plan for unrepresented
nonmanagerial employees, as approved by the legislative
commission on employee relations on March 11, 1994, is approved.
Subd. 13. [CORRECTIONAL GUARDS.] The arbitration award and
memorandum of understanding for unit 8, the correctional guards
unit, approved by the legislative commission on employee
relations on April 6, 1994, are approved.
Sec. 2. [INTERIM APPROVAL.]
After adjournment of the 1994 session, but before the 1995
session of the legislature, the legislative commission on
employee relations may give interim approval to any negotiated
agreement, arbitration award, salary, or compensation plan
submitted to it under other law. The commission shall submit
the agreement, award, salary, or plan to the entire legislature
for ratification in the same manner and with the same effect as
provided for agreements, awards, salaries, and plans submitted
after adjournment of the legislature in an odd-numbered year.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective the day following final
enactment.
ARTICLE 2
Section 1. Minnesota Statutes 1992, section 3.855,
subdivision 2, is amended to read:
Subd. 2. [STATE EMPLOYEE NEGOTIATIONS.] (a) The
commissioner of employee relations shall regularly advise the
commission on the progress of collective bargaining activities
with state employees under the state public employment labor
relations act. During negotiations, the commission may make
recommendations to the commissioner as it deems appropriate but
no recommendation shall impose any obligation or grant any right
or privilege to the parties.
(b) The commissioner shall submit to the chair of the
commission any negotiated agreements or arbitration awards for
legislative approval or disapproval. Approved Negotiated
agreements shall be submitted within five days of the date of
approval by the commissioner or the date of approval by the
affected state employees, whichever occurs later. Arbitration
awards shall be submitted within five days of their receipt by
the commissioner. If the commission disapproves an agreement or
award, the commission shall specify in writing to the parties
those portions with which it disagrees and its reasons. If the
commission approves an agreement or award, it shall submit the
matter to the legislature to be accepted or rejected under this
section 179A.22, subdivision 4. Failure of the commission to
disapprove an agreement or award within 30 days of its receipt
constitutes approval. Approval or disapproval by the commission
is not binding on the legislature.
(c) After adjournment of When the legislature in an
odd-numbered year is not in session, the commission may give
interim approval to a negotiated agreement, salary, compensation
plan, or arbitration award. It The commission shall submit the
negotiated agreement agreements, salaries, compensation plans,
or arbitration award awards for which it has provided approval
to the entire legislature for ratification at a special
legislative session called to consider them or at its next
regular legislative session as provided in this section 179A.22,
subdivision 4. Approval or disapproval by the commission is not
binding on the legislature.
(d) When the legislature is not in session, the proposed
agreement, arbitration decision, salary, or compensation plan
must be implemented upon its approval by the commission, and
state employees covered by the proposed agreement or arbitration
decision do not have the right to strike while the interim
approval is in effect. Wages and economic fringe benefit
increases provided for in the agreement or arbitration decision
paid in accordance with the interim approval by the commission
are not affected, but the wages or benefit increases must cease
to be paid or provided effective upon the rejection of the
agreement, arbitration decision, salary, or compensation plan,
or upon adjournment of the legislature without acting on it.
Sec. 2. Minnesota Statutes 1992, section 3.855,
subdivision 3, is amended to read:
Subd. 3. [OTHER DUTIES SALARIES AND COMPENSATION PLANS.]
The commission shall also:
(a) review and approve, reject, or modify a plan for
compensation, terms and conditions of employment prepared and
submitted by the commissioner of employee relations under
section 43A.18, subdivision 2, covering all state employees who
are not represented by an exclusive bargaining representative
and whose compensation is not provided for by chapter 43A or
other law;
(b) review and approve, reject or modify a plan for total
compensation and terms and conditions of employment for
employees in positions identified as being managerial under
section 43A.18, subdivision 3, whose salaries and benefits are
not otherwise provided for in law or other plans established
under chapter 43A;
(c) review and approve, reject or modify recommendations
for salaries submitted by the governor under section 43A.18,
subdivision 5, covering agency head positions listed in section
15A.081;
(d) continually monitor the state's civil service system
provided for in chapter 43A, rules of the commissioner of
employee relations and the collective bargaining process
provided for in chapter 179A, as applied to state employees;
review and approve, reject, or modify recommendations for
salaries of officials of higher education systems under section
15A.081, subdivision 7b; and
(e) research and analyze the need for improvements in those
statutory sections;
(f) adopt rules consistent with this section relating to
the scheduling and conduct of commission business and other
organizational and procedural matters; and
(g) perform other related functions delegated to it by the
legislature review and approve, reject, or modify plans for
compensation, terms, and conditions of employment proposed under
section 43A.18, subdivision 4.
Sec. 3. Minnesota Statutes 1992, section 3.855, is amended
by adding a subdivision to read:
Subd. 4. [OTHER DUTIES.] The commission shall:
(1) continually monitor the state's civil service system
provided for in chapter 43A, rules of the commissioner of
employee relations, and the collective bargaining process
provided for in chapter 179A, as applied to state employees;
(2) research and analyze the need for improvements in those
statutory sections;
(3) adopt rules consistent with this section relating to
the scheduling and conduct of commission business and other
organizational and procedural matters; and
(4) perform other related functions delegated to it by the
legislature.
Sec. 4. Minnesota Statutes 1993 Supplement, section
15A.081, subdivision 1, is amended to read:
Subdivision 1. [SALARY RANGES.] The governor shall set the
salary rate within the ranges listed below for positions
specified in this subdivision, upon approval of the legislative
commission on employee relations and the legislature as provided
by section 43A.18, subdivisions 2 and 5 3.855:
Salary Range
Effective
July 1, 1987
$57,500-$78,500
Commissioner of finance;
Commissioner of education;
Commissioner of transportation;
Commissioner of human services;
Commissioner of revenue;
Commissioner of public safety;
Executive director, state board of investment;
$50,000-$67,500
Commissioner of administration;
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of jobs and training;
Commissioner of employee relations;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of trade and economic development;
Chief administrative law judge; office of administrative
hearings;
Commissioner, pollution control agency;
Director, office of waste management;
Commissioner, housing finance agency;
Executive director, public employees retirement
association;
Executive director, teacher's retirement association;
Executive director, state retirement system;
Chair, metropolitan council;
Chair, regional transit board;
$42,500-$60,000
Commissioner of human rights;
Commissioner, department of public service;
Commissioner of veterans affairs;
Commissioner, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Ombudsman for corrections;
Ombudsman for mental health and retardation.
Sec. 5. Minnesota Statutes 1992, section 15A.081,
subdivision 7, is amended to read:
Subd. 7. [METROPOLITAN OFFICERS.] The governor shall set
the salary rate within the range set forth below for the
following positions, upon approval of the legislative commission
on employee relations and the legislature as provided by section
43A.18, subdivisions 2 and 5 3.855:
Effective
July 1, 1987
Chair, metropolitan airports
commission $15,000-$25,000
Chair, metropolitan waste control
commission $25,000-$67,500
Fringe benefits for unclassified employees of the
metropolitan waste control commission shall not exceed those
fringe benefits received by unclassified employees of the
metropolitan council.
Sec. 6. Minnesota Statutes 1992, section 15A.081,
subdivision 7b, is amended to read:
Subd. 7b. [HIGHER EDUCATION OFFICERS.] The higher
education board, state university board, the state board for
community colleges, the state board of technical colleges, and
the higher education coordinating board shall set the salary
rates for, respectively, the chancellor of the higher education
system, the chancellor of the state universities, the chancellor
of the community colleges, the chancellor of vocational
technical education, and the executive director of the higher
education coordinating board. The respective board shall submit
the proposed salary increase to the legislative commission on
employee relations for approval, modification, or rejection in
the manner provided in section 43A.18, subdivision 2 3.855.
Salary rates for the positions specified in this subdivision may
not exceed 95 percent of the salary of the governor under
section 15A.082, subdivision 3. In deciding whether to
recommend a salary increase, the governing board shall consider
the performance of the chancellor or director, including the
chancellor's or director's progress toward attaining affirmative
action goals.
Sec. 7. Minnesota Statutes 1992, section 15A.082,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A compensation council is
created each even-numbered year to assist the legislature in
establishing the compensation of constitutional officers,
members of the legislature, justices of the supreme court, and
judges of the court of appeals, district court, county court,
and county municipal court, and the heads of state and
metropolitan agencies included in section 15A.081.
Sec. 8. Minnesota Statutes 1992, section 15A.082,
subdivision 3, is amended to read:
Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in
each odd-numbered year, the compensation council shall submit to
the speaker of the house of representatives and the president of
the senate salary recommendations for constitutional officers,
legislators, justices of the supreme court, and judges of the
court of appeals, district court, county court, and county
municipal court. The recommended salary for each office must
take effect on July 1 the first Monday in January of the next
odd-numbered year, with no more than one adjustment, to take
effect on July January 1 of the year after that. The salary
recommendations for legislators, judges, and constitutional
officers take effect if an appropriation of money to pay the
recommended salaries is enacted after the recommendations are
submitted and before their effective date. Recommendations may
be expressly modified or rejected. The salary recommendations
for legislators are subject to additional terms that may be
adopted according to section 3.099, subdivisions 1 and 3.
(b) The council shall also submit to the speaker of the
house of representatives and the president of the senate
recommendations for the salary ranges of the heads of state and
metropolitan agencies, to be effective retroactively from
January 1 of that year if enacted into law. The recommendations
shall include the appropriate group in section 15A.081 to which
each agency head should be assigned and the appropriate
limitation on the maximum range of the salaries of the agency
heads in each group, expressed as a percentage of the salary of
the governor.
Sec. 9. Minnesota Statutes 1993 Supplement, 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 salary of the
state public defender must be 95 percent of the salary of the
attorney general.
Salary or Range
Effective
July 1, 1994
Board on judicial standards
executive director $44,000-70,000 60,000
Sec. 10. Minnesota Statutes 1992, section 43A.05,
subdivision 5, is amended to read:
Subd. 5. [COMPARABILITY ADJUSTMENTS.] The commissioner
shall compile, subject to availability of funds and personnel,
and submit to the legislative commission on employee relations
by January 1 of each odd-numbered year a list showing, by
bargaining unit, and by plan for executive branch employees
covered by a plan established pursuant to under section 43A.18,
those female-dominated classes and those male-dominated classes
in state civil service for which a compensation inequity exists
based on comparability of the value of the work. The
commissioner shall also submit to the legislative commission on
employee relations, along with the list, an estimate of the
appropriation necessary for providing comparability adjustments
for classes on the list. The commission shall review and
approve, disapprove, or modify, the list and proposed
appropriation. The commission's action shall must be submitted
to the full legislature in the same manner as provided in
sections 3.855 and 43A.18 or 179A.22, subdivision 4, provided
that. The full legislature may approve, reject, or modify the
commission's action. The commission shall show the distribution
of the proposed appropriation among the bargaining units and
among the plans established under 43A.18. Each bargaining unit
and each plan shall must be allocated that proportion of the
total proposed appropriation which that equals the cost of
providing adjustments for the positions in the unit or plan
approved by the commission for comparability adjustments divided
by the total cost of providing adjustments for all positions on
the list approved by the commission for comparability
adjustments. Distribution of any appropriated funds within each
bargaining unit or plan shall must be determined by collective
bargaining agreements or by plans.
Sec. 11. Minnesota Statutes 1992, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(1) chosen by election or appointed to fill an elective
office;
(2) heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified
service;
(3) deputy and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a and in the
office of strategic and long-range planning;
(4) the confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(5) intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the
lieutenant governor and one confidential employee for the
governor in the office of the adjutant general;
(7) employees of the Washington, D.C., office of the state
of Minnesota;
(8) employees of the legislature and of legislative
committees or commissions; provided that employees of the
legislative audit commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the
federal economic opportunity act work study program in the
higher education board, the school and resource center for the
arts, state universities and community colleges, but not the
custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in
connection with the business administration of these
institutions;
(10) officers and enlisted persons in the national guard;
(11) attorneys, legal assistants, and three confidential
employees appointed by the attorney general or employed with the
attorney general's authorization;
(12) judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the department of labor and
industry;
(13) members of the state patrol; provided that selection
and appointment of state patrol troopers must be made in
accordance with applicable laws governing the classified
service;
(14) chaplains employed by the state;
(15) examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce and by professional examining boards;
(16) student workers;
(17) executive directors or executive secretaries appointed
by and reporting to any policy-making board or commission
established by statute;
(18) employees unclassified pursuant to other statutory
authority;
(19) intermittent help employed by the commissioner of
agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation; and
(20) the administrators and the deputy administrators at
the state academies for the deaf and the blind.
Sec. 12. Minnesota Statutes 1992, section 43A.08,
subdivision 1a, is amended to read:
Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing
authorities for the following agencies may designate additional
unclassified positions according to this subdivision: the
departments of administration; agriculture; commerce;
corrections; jobs and training; education; employee relations;
trade and economic development; finance; health; human rights;
labor and industry; natural resources; office of administrative
hearings; public safety; public service; human services;
revenue; transportation; and veterans affairs; the housing
finance and pollution control agencies; the state lottery board;
the state board of investment; the office of administrative
hearings; the office of waste management; the offices of the
attorney general, secretary of state, state auditor, and state
treasurer; the state board of technical colleges; the higher
education board; the higher education coordinating board; the
Minnesota center for arts education; and the Minnesota
zoological board.
A position designated by an appointing authority according
to this subdivision must meet the following standards and
criteria:
(1) the designation of the position would not be contrary
to other law relating specifically to that agency;
(2) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated
as part of the agency head's management team;
(3) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;
(5) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with,
the governor and the agency head, the employing statutory board
or commission, or the employing constitutional officer;
(6) the position would be at the level of division or
bureau director or assistant to the agency head; and
(7) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 13. Minnesota Statutes 1992, section 43A.18,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S UNREPRESENTED NONMANAGERIAL
EMPLOYEE PLAN.] Except as provided in section 43A.01, the
compensation, terms and conditions of employment for all
classified and unclassified employees, except unclassified
employees in the legislative and judicial branches, who are not
covered by a collective bargaining agreement and not otherwise
provided for in Laws 1981, chapter 210 chapter 43A or other law
shall be are governed solely by the commissioner's a plan
developed by the commissioner. The legislative commission on
employee relations shall review and approve, reject, or modify
the plan and submit it to the legislature along with any
recommendations it deems appropriate under section 3.855,
subdivision 2. The plan need not be adopted in accordance with
the rulemaking provisions of chapter 14.
The plan shall not take effect until approved by the
legislature, provided that the legislative commission may give
interim approval to effect the plan and subsequently submit it
to the entire legislature for ratification in the same manner as
provided for negotiated agreements and arbitration awards under
section 179A.22, subdivision 4. If the legislature modifies or
rejects the plan or adjourns without action during the following
legislative session, any total compensation increases which were
provided pursuant to interim approval by the commission and not
ratified by the legislature shall not be affected but shall
cease to be provided.
Sec. 14. Minnesota Statutes 1992, section 43A.18,
subdivision 3, is amended to read:
Subd. 3. [MANAGERIAL PLAN.] (a) The commissioner shall
identify individual positions or groups of positions in the
classified and unclassified service, in the executive branch as
being managerial. The list shall must not include positions
listed in subdivision 4. The commissioner shall annually submit
the listing of positions to the chair of the legislative
commission on employee relations for the commission's review and
comment, and shall note on each listing the changes from the
prior year.
(a) (b) The commissioner shall periodically prepare a plan
for total compensation and terms and conditions of employment
for employees of those positions identified as being managerial
and whose salaries and benefits are not otherwise provided for
in law or other plans established under this chapter. Before
becoming effective those portions of the plan establishing
compensation and terms and conditions of employment shall must
be reviewed and approved or modified by the legislative
commission on employee relations and the legislature in the same
manner as provided for the commissioner's plan in under section
3.855, subdivision subdivisions 2 and 3.
(b) (c) Incumbents of managerial positions as identified
under this subdivision shall must be excluded from any
bargaining units under the provisions of chapter 179 179A.
(c) (d) The management compensation plan shall must provide
methods and levels of compensation for managers that will be
generally comparable to those applicable to managers in other
public and private employment. Provisions of The plan shall
must ensure that compensation within assigned salary ranges is
related to level of performance. The plan shall must also
provide a procedure for establishment of a salary rate for a
newly created position and a new appointee to an existing
position and for progression through assigned salary ranges.
The employee benefits established under the provisions of the
managerial plan may be extended to agency heads whose salaries
are established in section 15A.081, subdivision 1, and to
constitutional officers, judges of the workers' compensation
court of appeals, and tax court judges.
Sec. 15. Minnesota Statutes 1993 Supplement, section
43A.18, subdivision 4, is amended to read:
Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY
COMMISSIONER.] (a) Notwithstanding any other law to the
contrary, total compensation terms and conditions of employment
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), (d), and (e), and (f) must be reviewed and
approved, modified, or rejected by the legislature and the
legislative commission on employee relations under section
3.855, subdivision 2, before becoming effective.
(a) (b) 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) (c) 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) (d) Total compensation for classified administrative
law judges in the office of administrative hearings must be
determined by the chief administrative law judge.
(d) (e) 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) (f) Total compensation for unclassified managerial
positions not covered by a collective bargaining agreement in
the higher education board must be determined by the higher
education board.
Sec. 16. Minnesota Statutes 1992, section 43A.18,
subdivision 5, is amended to read:
Subd. 5. [GOVERNOR TO RECOMMEND CERTAIN SALARIES.] (a) The
governor shall, by July 1 of each odd-numbered year, submit to
the legislative commission on employee relations recommendations
for salaries within the salary range for the positions listed in
section 15A.081, subdivisions 1 and 7. The governor may also
propose additions or deletions of positions from those listed.
(b) Before submitting the recommendations, the governor
shall consult with the commissioner of administration, the
commissioner of finance, and the commissioner of employee
relations concerning the recommendations.
(c) In making recommendations, the governor shall consider
the criteria established in subdivision 8 and the performance of
individual incumbents. The performance evaluation must include
a review of an incumbent's progress toward attainment of
affirmative action goals. The governor shall establish an
objective system for quantifying knowledge, abilities, duties,
responsibilities, and accountabilities and in determining
recommendations rate each position by this system.
(d) Before the governor's recommended salaries take effect,
the recommendations must be reviewed and approved, rejected, or
modified by the legislative commission on employee relations and
the legislature in the same manner as provided for the
commissioner's plan in under section 3.855, subdivision 2. The
governor may also at any time propose changes in the salary rate
of any positions covered by this subdivision, which must be
submitted and approved in the same manner as provided in this
subdivision.
(e) The governor shall set the initial salary of a head of
a new agency or a chair of a new metropolitan board or
commission whose salary is not specifically prescribed by law
after consultation with the commissioner, whose recommendation
is advisory only. The amount of the new salary must be
comparable to the salary of an agency head or commission chair
having similar duties and responsibilities.
(f) The salary of a newly appointed head of an agency or
chair of a metropolitan agency listed in section 15A.081,
subdivision 1 or 7, may be increased or decreased by the
governor from the salary previously set for that position within
30 days of the new appointment after consultation with the
commissioner. If the governor increases a salary under this
paragraph, the governor shall submit the new salary to the
legislative commission on employee relations and the full
legislature for approval, modification, or rejection in the
manner provided in under section 3.855, subdivision 2. If the
legislature rejects an increased salary or adjourns without
action during the following legislative session, the salary for
the position reverts to the level in effect before the governor
proposed the change.
Sec. 17. Minnesota Statutes 1993 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) 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; employer contributions to
social security; employer contributions to state or local
retirement plans; 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. 18. Minnesota Statutes 1992, 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 supervisors 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.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. 19. Minnesota Statutes 1992, section 179A.18,
subdivision 1, is amended to read:
Subdivision 1. [WHEN AUTHORIZED.] Essential 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 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 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 governs negotiations
pursuant to under that section., and provided that 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 the employer violates section 179A.13, subdivision
2, clause (9); or
(3) In in the case of state employees,
(a) The the legislative commission on employee relations
has not given approval during a legislative interim to rejected
a negotiated agreement or arbitration decision under section
179A.22, subdivision 4, within 30 days after its receipt during
a legislative interim; or
(b) The the entire legislature rejects or fails to ratify a
negotiated agreement or arbitration 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. 20. Minnesota Statutes 1992, 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
decision shall must 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 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 decision. The proposed agreement or
arbitration decision shall be implemented upon its approval by
the commission and state employees covered by the proposed
agreement or arbitration decision shall not have the right to
strike while the interim approval is in effect. The commission
shall submit the agreement or arbitration 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 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 decision or upon adjournment by the legislature
without acting upon the agreement or arbitration decision.
Sec. 21. [TRANSITION.]
Notwithstanding Laws 1993, chapter 192, section 2,
subdivision 6, the compensation council appointed in 1993
expires on the first Monday in January 1995. The governor shall
then appoint a new compensation council to make recommendations
under Minnesota Statutes, section 15A.082, by April 1, 1995.
The new salaries for agency heads will be effective
retroactively from January 1, 1995, if enacted into law. If
approved under Minnesota Statutes, section 15A.082, subdivision
3, the new salaries for legislators, judges, and constitutional
officers will be effective the first Monday in January, 1997.
Sec. 22. [SETTLEMENT FORM.]
Until the commissioner of mediation services adopts a rule
under authority of Minnesota Statutes, section 179A.04,
subdivision 3, paragraph (n), that provides otherwise, public
employers shall use the "uniform baseline and settlement form"
and accompanying instructions presented by the commissioner of
mediation services to the legislative commission on employee
relations on February 17, 1994. However, the commissioner shall
reduce the "uniform baseline and settlement form" to a one-page
document without omitting any of the current elements. The
commissioner must add two elements to the form: employer
contributions to social security, and employer contributions to
state or local employee retirement plans. A public employer
shall use the form in the manner required by section 179A.04,
subdivision 3, paragraph (n).
For agreements or awards that were entered into or issued
before the effective date of this section, the employer shall
complete the form and make it available to the public within 60
days of the effective date of this section. The state and
school districts shall complete forms for agreements or awards
entered into or issued after June 30, 1993. Other public
employers shall complete forms for agreements or awards entered
into or issued after December 31, 1993.
The commissioner shall publish the form submitted to the
commission in the State Register within 30 days of the effective
date of this section. The commissioner shall mail a copy of the
form and instructions, free of charge, to associations of public
employers, to exclusive representatives, and to any other person
requesting the form and instructions.
Sec. 23. [STUDY OF ARBITRATION.]
The legislative commission on employee relations shall
study the use of arbitration to resolve impasses in contract
negotiations between public employers and exclusive
representatives of public employees. The report must be
submitted to the legislature by January 15, 1995. The report
must examine, at a minimum: differences in costs between
arbitrated awards and negotiated settlements; the process by
which arbitrators are selected; other forms of interest
arbitration; and alternatives to the use of arbitration.
Sec. 24. [EFFECTIVE DATE.]
Sections 7 and 22 are effective the day following final
enactment.
Presented to the governor May 2, 1994
Signed by the governor May 4, 1994, 3:27 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes