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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.

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