Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 239-S.F.No. 557 
                  An act relating to employment; authorizing the 
                  legislative commission on employee relations to modify 
                  compensation for certain managerial positions in the 
                  higher education board; modifying provisions relating 
                  to arbitrators; ratifying certain labor agreements; 
                  amending Minnesota Statutes 1994, sections 3.855, 
                  subdivision 3; 179A.04, subdivision 3; and 179A.16, 
                  subdivisions 6, 7, and 8. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 3.855, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OTHER SALARIES AND COMPENSATION PLANS.] The 
        commission shall also: 
           (a) (1) review and approve, reject, or modify a plan for 
        compensation, and 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) (2) 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) (3) 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) (4) review and approve, reject, or modify 
        recommendations for salaries of officials of higher education 
        systems under section 15A.081, subdivision 7b; and 
           (e) (5) review and approve, reject, or modify plans for 
        compensation, terms, and conditions of employment proposed under 
        section 43A.18, subdivision subdivisions 3a and 4. 
           Sec. 2.  Minnesota Statutes 1994, section 179A.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OTHER DUTIES.] (a) The commissioner shall:  
           (a) (1) provide mediation services as requested by the 
        parties until the parties reach agreement.  The commissioner, 
        and may continue to assist parties after they have submitted 
        their final positions for interest arbitration; 
           (b) (2) 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) (3) assist the parties in formulating petitions, 
        notices, and other papers required to be filed with the 
        commissioner; 
           (4) conduct elections; 
           (e) (5) certify the final results of any election or other 
        voting procedure conducted under sections 179A.01 to 179A.25; 
           (f) (6) adopt rules relating to the administration of this 
        chapter; and the conduct of hearings and elections; 
           (g) (7) receive, catalogue, and file, and make available to 
        the public 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) (8) adopt, subject to chapter 14, a grievance procedure 
        to fulfill that fulfills the purposes of section 179A.20, 
        subdivision 4.  The grievance procedure shall, does not provide 
        for the services of the bureau of mediation services.  The 
        grievance procedure shall be and is available to any employee in 
        a unit not covered by a contractual grievance procedure; 
           (i) conduct elections; 
           (j) (9) maintain a schedule of state employee 
        classifications or positions assigned to each unit established 
        in section 179A.10, subdivision 2; 
           (k) (10) 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) (11) 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) (12) provide to the parties a list of arbitrators as 
        required by section 179A.16, subdivision 4; and 
           (13) maintain a list of up to 60 arbitrators for referral 
        to employers and exclusive representatives for the resolution of 
        grievance or interest disputes.  Each person on the list must be 
        knowledgeable about collective bargaining and labor relations in 
        the public sector, well versed in state and federal labor law, 
        and experienced in and knowledgeable about labor arbitration.  
        To the extent practicable, the commissioner shall appoint 
        members to the list so that the list is gender and racially 
        diverse. 
           (n) adopt, subject to chapter 14, (b) The commissioner 
        shall make available 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 shall, 
        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.  The documents must be in the same form as presented 
        by the commissioner to the legislative commission on employee 
        relations on February 17, 1994.  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.  The 
        commissioner shall provide training and technical assistance to 
        public employers who request it in completing the uniform 
        baseline determination documents and uniform collective 
        bargaining agreement settlement documents.  The commissioner 
        shall at least annually inform public employers of their 
        obligations to complete and post these forms and to submit 
        copies of the completed forms to the legislative commission on 
        employee relations. 
           (o) (c) From the names provided by representative 
        organizations, the commissioner shall 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 must 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. 3.  Minnesota Statutes 1994, section 179A.16, 
        subdivision 6, is amended to read: 
           Subd. 6.  [POWERS OF THE ARBITRATOR OR PANEL.] The 
        arbitrator or panel may issue subpoenas requiring the attendance 
        and testimony of witnesses and the production of evidence which 
        that relates to any matter involved in any dispute before it.  
        The arbitrator or panel may administer oaths and affidavits and 
        may examine witnesses.  Attendance of witnesses and the 
        production of evidence may be required from any place in the 
        state at any hearing.  However, any hearing shall must be held 
        in the county where the principal administrative offices of the 
        employer are located, unless another location is selected by 
        agreement of the parties.  In case of refusal to obey a subpoena 
        issued under this section, the district court of the state for 
        the county where the proceeding is pending or where the person 
        who refuses to obey is found, or resides, or transacts 
        business shall, on application of the arbitrator or panel, have 
        has jurisdiction to issue an order requiring the person to 
        appear before the panel, to produce evidence, or to give 
        testimony.  Failure to obey the order may be punished by the 
        court as a contempt.  Posthearing briefs, if any, must be 
        received by the arbitrator within 14 days of the hearing.  
           Sec. 4.  Minnesota Statutes 1994, section 179A.16, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DECISION BY THE ARBITRATOR OR PANEL.] The 
        decision shall must be issued by the arbitrator or a majority 
        vote of the panel.  The decision shall must resolve the issues 
        in dispute between the parties as submitted by the 
        commissioner.  For principals and assistant principals, the 
        arbitrator or panel shall be is restricted to selecting between 
        the final offers of the parties on each impasse item.  For other 
        employees, if the parties agree in writing, the arbitrator or 
        panel shall be is restricted to selecting between the final 
        offers of the parties on each impasse item, or the final offer 
        of one or the other parties in its entirety.  In considering a 
        dispute and issuing its decision, the arbitrator or panel shall 
        consider the statutory rights and obligations of public 
        employers to efficiently manage and conduct their operations 
        within the legal limitations surrounding the financing of these 
        operations.  The decision shall be is final and binding on all 
        parties.  
           The arbitrator or panel shall render its decision within 30 
        days from the date that all arbitration proceedings have 
        concluded.  This deadline may be extended only with the approval 
        of the commissioner.  The arbitrator or panel may not request 
        that the parties waive their right to have the decision rendered 
        within 30 days, unless the commissioner grants an extension of 
        the deadline.  The commissioner shall remove from the roster for 
        six months the name of any arbitrator who does not render the 
        decision within 30 days or within the extension granted by the 
        commissioner.  The commissioner shall adopt rules establishing 
        criteria to be followed in determining whether an extension 
        should be granted.  The decision must be for the period stated 
        in the decision, except that decisions determining contracts for 
        teacher units are effective to the end of the contract period 
        determined by section 179A.20.  
           The arbitrator or panel shall send its decision to the 
        commissioner, the appropriate representative of the public 
        employer, and the employees.  If any issues submitted to 
        arbitration are settled voluntarily before the arbitrator or 
        panel issues a decision, the arbitrator or panel shall report 
        the settlement to the commissioner.  
           The parties may, at any time before or after issuance of a 
        decision of the arbitrator or panel, agree upon terms and 
        conditions of employment regardless of the terms and conditions 
        of employment determined by the decision.  The parties shall, if 
        so agreeing, execute a written contract or memorandum of 
        contract.  
           Sec. 5.  Minnesota Statutes 1994, section 179A.16, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PAYMENT OF THE ARBITRATOR OR PANEL DATABASE; 
        FEES, CHARGES, AND PER DIEMS.] The arbitrator or panel members 
        shall be paid actual and necessary traveling and other expenses 
        incurred in the performance of their duties plus an allowance of 
        $180 for each day or part of a day spent considering a dispute.  
        The commissioner shall maintain a database of all fees, charges, 
        and per diems charged by each arbitrator.  The database must 
        include the total charges imposed by the arbitrator in the 
        previous six interest arbitration cases.  For each arbitration 
        decision rendered by an arbitrator, the arbitrator shall submit 
        a copy of the award and a description of all fees, charges, and 
        per diems assessed to the parties to the commissioner.  Data 
        from this database must be available to the public.  All costs 
        of the panel shall must be shared equally by the parties to the 
        dispute. 
           Sec. 6.  [RATIFICATIONS.] 
           Subdivision 1.  [STATE UNIVERSITY FACULTY.] The labor 
        agreement between the state of Minnesota and inter-faculty 
        organization, approved by the legislative commission on employee 
        relations on August 22, 1994, is ratified. 
           Subd. 2.  [STATE UNIVERSITY ADMINISTRATIVE AND SERVICE 
        FACULTY.] The labor agreement between the state of Minnesota and 
        the Minnesota state university association of administrative and 
        service faculty, approved by the legislative commission on 
        employee relations on August 22, 1994, is ratified. 
           Subd. 3.  [STATE UNIVERSITY EXCLUDED ADMINISTRATORS.] The 
        compensation plan for excluded administrators of the state 
        university system, approved by the legislative commission on 
        employee relations on August 22, 1994, is ratified. 
           Subd. 4.  [TECHNICAL COLLEGE UNCLASSIFIED UNREPRESENTED 
        EMPLOYEES.] The compensation plan for unclassified, 
        unrepresented employees of the technical college board, approved 
        by the legislative commission on employee relations on August 
        22, 1994, is ratified. 
           Subd. 5.  [COMMUNITY COLLEGE UNCLASSIFIED UNREPRESENTED 
        ADMINISTRATORS.] The compensation plan for unrepresented, 
        unclassified administrators in the community college system, 
        approved by the legislative commission on employee relations on 
        December 13, 1994, is ratified. 
           Subd. 6.  [HIGHER EDUCATION BOARD EXCLUDED ADMINISTRATORS.] 
        The compensation plan for excluded administrators of the higher 
        education board, as amended and approved by the legislative 
        commission on employee relations on December 13, 1994, is 
        ratified, except that article 1.9, subdivision 4, paragraph (b), 
        as it pertains to technical college administrators, is amended 
        to provide that the employer shall contribute an amount equal to 
        the lesser of 90 percent of the dependent premium of the lowest 
        cost carrier, or the actual dependent premium of the health plan 
        chosen by the excluded administrator.  Excluded administrators 
        appointed by the higher education board may not receive any 
        increase in salary or be promoted to a higher position until 
        after the board of trustees of the Minnesota state colleges and 
        universities has assigned the position or class to an 
        appropriate salary range.  When the board of trustees next 
        submits the compensation plan for excluded managers to the 
        legislative commission on employee relations for interim 
        approval, the plan must include the assignment of all classes 
        and positions to specific salary ranges.  The board of trustees 
        has the authority to assign the appropriate salary and salary 
        range for all positions covered in this plan. 
           Subd. 7.  [MANAGERIAL PLAN.] The amendments to the 
        managerial plan, approved by the commission on December 13, 
        1994, are ratified. 
           Subd. 8.  [NONMANAGERIAL, UNREPRESENTED EMPLOYEES 
        PLAN.] The amendments to the plan for nonmanagerial, 
        unrepresented employees, as approved by the legislative 
        commission on employee relations on December 13, 1994, is 
        ratified. 
           Sec. 7.  [ARBITRATORS ROSTER; ABOLISHED.] 
           The roster of arbitrators maintained by the bureau of 
        mediation services is abolished January 1, 1996.  Appointments 
        to a new roster must be made in accordance with Minnesota 
        Statutes, section 179A.04, subdivision 3, paragraph (a), clause 
        (13). 
           Sec. 8.  [EFFECTIVE DATE.] 
           Section 6 is effective the day following final enactment. 
           Presented to the governor May 23, 1995 
           Signed by the governor May 25, 1995, 8:45 a.m.