Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 382-S.F.No. 2471 
                  An act relating to labor relations; modifying 
                  provisions regarding mandatory arbitration for 
                  charitable hospital employers and employees; amending 
                  Minnesota Statutes 1994, section 179.38. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 179.38, is 
        amended to read: 
           179.38 [ARBITRATION MANDATORY.] 
           In the event of the existence of any labor dispute which 
        cannot be settled by negotiation between the charitable hospital 
        employers and their employees, either such employers or 
        employees may petition and avail themselves of the provisions of 
        sections 179.01 to 179.17, insofar as sections are not 
        inconsistent with the provisions of sections 179.35 to 179.39.  
        If such dispute is not settled within ten days after submission 
        to mediation, any unsettled issue of maximum hours of work, 
        minimum hourly wage rates concerning terms and conditions of 
        employment, and other conditions of employment concerning union 
        security shall, upon service of written notice by either party 
        upon the other party and the commissioner, be submitted to the 
        determination of a board of arbitrators whose determination 
        shall be final and binding upon the parties.  For public 
        employers, "terms and conditions of employment" has the meaning 
        given it in section 179A.03, subdivision 19.  The board of 
        arbitrators shall be selected and proceed in the following 
        manner, unless otherwise agreed between the parties:  the 
        employers shall appoint one arbitrator, the employees shall 
        appoint one arbitrator, and the two arbitrators so chosen shall 
        appoint a third arbitrator who shall act as chair and who shall 
        receive reasonable compensation for the work; but if said 
        arbitrators are unable to agree upon the appointment of such 
        third arbitrator within five days after submission to 
        arbitration, the commissioner shall submit five names to the 
        parties and the parties shall select the third arbitrator, who 
        shall act as chair, from the five submitted by the 
        commissioner.  The selection of the third arbitrator shall be by 
        the process of elimination, with the parties taking turns at 
        striking names from the list of five submitted by the 
        commissioner, until only one name remains.  If the parties are 
        unable to agree with respect to which party shall take the first 
        turn for the purpose of striking a name, it shall be decided by 
        the flip of a coin.  Each party shall be responsible for 
        compensating the arbitrator of their choice, and the parties 
        shall share equally the compensation paid to the third 
        arbitrator.  The board of arbitrators shall serve as a temporary 
        arbitration tribunal and shall have the powers provided for 
        commissioners under section 179.08.  The board of arbitrators 
        shall make its determination with all due diligence and shall 
        file a copy of its report with the commissioner. 
           Presented to the governor March 25, 1996 
           Signed by the governor March 27, 1996, 11:27 a.m.