Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 425-S.F.No. 2457
An act relating to public employees; regulating the
salaries of certain higher education officers;
establishing a vacation donation sick leave account;
prescribing the form and use of uniform collective
bargaining settlement forms; allowing certain students
to work for department of transportation for 48
months; ratifying certain labor agreements and
compensation plans; appropriating money; amending
Minnesota Statutes 1994, sections 3.855, subdivision
4; 43A.08, subdivision 4; 43A.17, subdivision 1;
179A.03, subdivision 4; and 179A.07, by adding a
subdivision; Minnesota Statutes 1995 Supplement,
sections 15A.081, subdivision 7b; 43A.18, subdivision
2; and 179A.04, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 43A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 3.855,
subdivision 4, is amended 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; and
(5) adopt changes, as necessary, to the uniform collective
bargaining agreement settlement document developed under section
179A.07, subdivision 7. Any modifications to the form approved
by the commission must be submitted to the legislature in the
same manner as compensation plans under subdivision 3.
Sec. 2. Minnesota Statutes 1995 Supplement, section
15A.081, subdivision 7b, is amended to read:
Subd. 7b. [HIGHER EDUCATION OFFICERS.] The board of
trustees of the Minnesota state colleges and universities, state
university board, the state board for community colleges, the
state board of technical colleges, and the higher education
services office council 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, Minnesota state colleges and universities and
the executive director of the higher education services office.
The respective board or the council shall submit the proposed
salary increase change to the legislative coordinating
commission for approval, modification, or rejection in the
manner provided in section 3.855. The salary rates rate for the
positions specified in this subdivision chancellor of the
Minnesota state colleges and universities may not exceed 95
percent of the salary of the governor under section 15A.082,
subdivision 3. For purposes of this subdivision, "the salary
rate of the chancellor" does not include:
(1) employee benefits that are also provided for the
majority of all other full-time state employees, vacation and
sick leave allowances, health and dental insurance, disability
insurance, term life insurance, and pension benefits or like
benefits the cost of which is borne by the employee or which is
not subject to tax as income under the Internal Revenue Code of
1986;
(2) dues paid to organizations that are of a civic,
professional, educational, or governmental nature;
(3) reimbursement for actual expenses incurred by the
employee that the appointing authority determines to be directly
related to the performance of job responsibilities, including
any relocation expenses paid during the initial year of
employment; or
(4) a housing allowance that is comparable to housing
allowances provided to chancellors and university presidents in
similar higher education systems nationwide.
The salary of the director of the higher education services
office may not exceed the maximum of the salary range for the
commissioner of administration. In deciding whether to
recommend a salary increase, the governing board or council
shall consider the performance of the chancellor or director,
including the chancellor's or director's progress toward
attaining affirmative action goals.
Sec. 3. Minnesota Statutes 1994, section 43A.08,
subdivision 4, is amended to read:
Subd. 4. [LENGTH OF SERVICE FOR STUDENT WORKERS.] A person
may not be employed as a student worker in the unclassified
service under subdivision 1 for more than 36 months. Employment
at a school that a student attends is not counted for purposes
of this 36-month limit. Student workers in the Minnesota
department of transportation SEEDS program who are actively
involved in a four-year degree program preparing for a
professional career job in the Minnesota department of
transportation may be employed as a student worker for up to 48
months.
Sec. 4. Minnesota Statutes 1994, section 43A.17,
subdivision 1, is amended to read:
Subdivision 1. [SALARY LIMITS.] As used in subdivisions 1
to 9, "salary" means hourly, monthly, or annual rate of pay
including any lump-sum payments and cost-of-living adjustment
increases but excluding payments due to overtime worked, shift
or equipment differentials, work out of class as required by
collective bargaining agreements or plans established under
section 43A.18, and back pay on reallocation or other payments
related to the hours or conditions under which work is performed
rather than to the salary range or rate to which a class is
assigned. For presidents of state universities, "salary" does
not include a housing allowance provided through a compensation
plan approved under section 43A.18, subdivision 3a.
The salary, as established in section 15A.081, of the head
of a state agency in the executive branch is the upper limit of
compensation on the salaries of individual employees in the
agency. The salary of the commissioner of labor and industry is
the upper limit of compensation salaries of employees in the
bureau of mediation services. However, if an agency head is
assigned a salary that is lower than the current salary of
another agency employee, the employee retains the salary, but
may not receive an increase in salary as long as the salary is
above that of the agency head. The commissioner may grant
exemptions from these upper limits as provided in subdivisions 3
and 4.
Sec. 5. Minnesota Statutes 1995 Supplement, section
43A.18, subdivision 2, is amended to read:
Subd. 2. [UNREPRESENTED NONMANAGERIAL EMPLOYEE
COMMISSIONER'S 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 chapter 43A or other law are governed solely by
a plan developed by the commissioner. The legislative
coordinating commission shall review and approve, reject, or
modify the plan under section 3.855, subdivision 2. The plan
need not be adopted in accordance with the rulemaking provisions
of chapter 14.
Sec. 6. [43A.1815] [VACATION DONATION TO SICK LEAVE
ACCOUNT.]
In addition to donations under section 43A.181, a state
employee may donate a total of up to 12 hours of accrued
vacation leave each fiscal year to the sick leave account of one
or more state employees. A state employee may not be paid for
more than 80 hours in a payroll period during which the employee
uses sick leave credited to the employee's account as a result
of a transfer from another state employee's vacation account.
The commissioner shall establish procedures under section
43A.04, subdivision 4, for eligibility, duration of need based
on individual cases, monitoring and evaluation of individual
eligibility status, and other topics related to administration
of this program.
Sec. 7. Minnesota Statutes 1994, section 179A.03,
subdivision 4, is amended to read:
Subd. 4. [CONFIDENTIAL EMPLOYEE.] "Confidential employee"
means any an employee who as part of the employee's job duties:
(1) has access to labor relations information subject to
use by the public employer in meeting and negotiating as that
term is defined in section 13.37, subdivision 1, paragraph (c);
or
(2) actively participates in the meeting and negotiating on
behalf of the public employer.
However, for executive branch employees of the state or
employees of the regents of the University of Minnesota,
"confidential employee" means any employee who:
(a) has access to information subject to use by the public
employer in collective bargaining; or
(b) actively participates in collective bargaining on
behalf of the public employer.
Sec. 8. Minnesota Statutes 1995 Supplement, section
179A.04, subdivision 3, is amended to read:
Subd. 3. [OTHER DUTIES.] (a) The commissioner shall:
(1) provide mediation services as requested by the parties
until the parties reach agreement, and may continue to assist
parties after they have submitted their final positions for
interest arbitration;
(2) issue notices, subpoenas, and orders required by law to
carry out duties under sections 179A.01 to 179A.25;
(3) assist the parties in formulating petitions, notices,
and other papers required to be filed with the commissioner;
(4) conduct elections;
(5) certify the final results of any election or other
voting procedure conducted under sections 179A.01 to 179A.25;
(6) adopt rules relating to the administration of this
chapter and the conduct of hearings and elections;
(7) receive, catalogue, 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;
(8) adopt, subject to chapter 14, a grievance procedure
that fulfills the purposes of section 179A.20, subdivision 4,
does not provide for the services of the bureau of mediation
services and is available to any employee in a unit not covered
by a contractual grievance procedure;
(9) maintain a schedule of state employee classifications
or positions assigned to each unit established in section
179A.10, subdivision 2;
(10) collect fees established by rule for empanelment of
persons on the labor arbitrator roster maintained by the
commissioner or in conjunction with fair share fee challenges;
(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;
(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.
(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 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. 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.
(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
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. 9. Minnesota Statutes 1994, section 179A.07, is
amended by adding a subdivision to read:
Subd. 7. [UNIFORM SETTLEMENT FORM.] (a) A public employer,
other than a township, shall complete a uniform collective
bargaining agreement settlement document for each collective
bargaining agreement or arbitration award. The public employer
shall:
(1) present the settlement document to the governing body
at the time it ratifies a collective bargaining agreement or
arbitration award;
(2) make the settlement document available afterward for
inspection during normal business hours at the principal
administrative offices of the public employer; and
(3) submit a copy of each settlement document to the
department of finance within ten days of the approval by the
governing body of the collective bargaining agreement or
arbitration award.
(b) The commissioner of finance 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 of finance 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; the costs of medical insurance; the costs of
dental insurance; the 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 of the
bureau of mediation services to the legislative commission on
employee relations on February 17, 1994; however, the
legislative coordinating commission may modify the form as
provided in section 3.855, subdivision 4.
(c) The commissioner of finance 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 of finance, at least annually, shall inform
public employers of their obligations to complete and post these
forms and to submit copies of the completed forms to the
department of finance.
Sec. 10. [RATIFICATIONS.]
Subdivision 1. [COUNCIL 6.] The labor agreement between
the state of Minnesota and state bargaining units 2, 3, 4, 6, 7,
and 8 represented by the American federation of state, county,
and municipal employees, Council 6, approved by the legislative
coordinating commission joint subcommittee on employee relations
on October 23, 1995, is ratified.
Subd. 2. [ADMINISTRATIVE LAW JUDGES; OFFICE OF
ADMINISTRATIVE HEARINGS.] The compensation plan for
administrative law judges in the office of administrative
hearings, as modified and approved by the legislative
coordinating commission joint subcommittee on employee relations
on October 23, 1995, is ratified.
Subd. 3. [UNREPRESENTED MANAGERS AND CHANCELLOR; MINNESOTA
STATE COLLEGES AND UNIVERSITIES.] The compensation plan for
excluded administrators of the Minnesota state colleges and
universities, as amended and approved by the legislative
commission on employee relations on June 7, 1995, is ratified.
The salary proposed by the board of trustees of the Minnesota
state colleges and universities for the chancellor, approved by
the legislative commission on employee relations on June 7,
1995, is ratified. However, the housing allowance included in
the compensation plan for presidents of state universities is
not ratified.
Subd. 4. [SUPERVISORS.] The labor agreement between the
state of Minnesota and the middle management association,
approved by the legislative coordinating commission joint
subcommittee on employee relations on December 11, 1995, is
ratified.
Subd. 5. [ENGINEERS.] The labor agreement between the
state of Minnesota and the Minnesota government engineers
council, approved by the legislative coordinating commission
joint subcommittee on employee relations on December 11, 1995,
is ratified.
Subd. 6. [COMMUNITY COLLEGE FACULTY.] The labor agreement
between the state of Minnesota and the Minnesota community
college faculty association, approved by the legislative
coordinating commission joint subcommittee on employee relations
on December 11, 1995, is ratified.
Subd. 7. [NURSES.] The labor agreement between the state
of Minnesota and the Minnesota nurses association, approved by
the legislative coordinating commission joint subcommittee on
employee relations on December 11, 1995, is ratified.
Subd. 8. [HIGHER EDUCATION SERVICES OFFICE DIRECTOR.] The
proposed salary of the director of the higher education services
office, as modified and approved by the legislative coordinating
commission joint subcommittee on employee relations on December
11, 1995, is ratified.
Subd. 9. [SPECIAL TEACHERS.] The labor agreement between
the state of Minnesota and the state residential schools
education association, approved by the legislative coordinating
commission joint subcommittee on employee relations on January
12, 1996, is ratified.
Subd. 10. [LAW ENFORCEMENT.] The labor agreement between
the state of Minnesota and the Minnesota law enforcement
association, approved by the legislative coordinating commission
joint subcommittee on employee relations on January 12, 1996, is
ratified.
Subd. 11. [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 coordinating
commission joint subcommittee on employee relations on January
12, 1996, is ratified.
Subd. 12. [PROFESSIONAL EMPLOYEES.] The labor agreement
between the state of Minnesota and the Minnesota association of
professional employees, approved by the legislative coordinating
commission joint subcommittee on employee relations on January
12, 1996, is ratified.
Subd. 13. [MANAGERIAL PLAN.] The plan for managerial
employees, as amended and approved by the legislative
coordinating commission joint subcommittee on employee relations
on January 12, 1996, is ratified.
Subd. 14. [UNREPRESENTED, UNCLASSIFIED EMPLOYEES; HIGHER
EDUCATION SERVICES OFFICE.] The plan for unrepresented,
unclassified employees of the higher education services office,
as approved by the legislative coordinating commission joint
subcommittee on employee relations on January 12, 1996, is
ratified.
Subd. 15. [COMMISSIONER'S PLAN.] The commissioner's plan,
as amended and approved by the legislative coordinating
commission joint subcommittee on employee relations on January
12, 1996, is ratified.
Sec. 11. [LEGISLATIVE COMMISSIONS CEASING OPERATIONS ON
JULY 1, 1996; EMPLOYEE ELIGIBILITY FOR COMPETITIVE PROMOTIONAL
EXAMS.]
An employee of a legislative commission that ceases
operations on July 1, 1996, pursuant to Laws 1995, chapter 248,
article 2, section 6, is eligible until January 1, 1997, for
participation in competitive promotional examinations under
Minnesota Statutes, section 43A.10, subdivision 6.
Sec. 12. [APPROPRIATION.]
$50,000 is appropriated to the commissioner of finance for
the purpose of carrying out section 9.
Sec. 13. [EFFECTIVE DATE.]
Sections 2 to 7 and 10 are effective the day following
final enactment. Sections 1, 8, 9, 11, and 12 are effective
July 1, 1996.
Presented to the governor March 30, 1996
Signed by the governor April 2, 1996, 1:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes