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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 501-S.F.No. 2826 
                  An act relating to public employment; ratifying 
                  certain labor agreements; making technical changes to 
                  the Public Employment Labor Relations Act; amending 
                  Minnesota Statutes 1998, sections 15A.0815, 
                  subdivisions 2 and 3; 85A.02, subdivision 5a; 179A.18, 
                  subdivision 1; and 349A.02, subdivision 1; Minnesota 
                  Statutes 1999 Supplement, section 179A.04, subdivision 
                  3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 15A.0815, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
        positions in this subdivision may not exceed 85 95 percent of 
        the salary of the governor:  
           Commissioner of administration; 
           Commissioner of agriculture; 
           Commissioner of children, families, and learning; 
           Commissioner of commerce; 
           Commissioner of corrections; 
           Commissioner of economic security; 
           Commissioner of employee relations; 
           Commissioner of finance; 
           Commissioner of health; 
           Executive director, higher education services office; 
           Commissioner, housing finance agency; 
           Commissioner of human rights; 
           Commissioner of human services; 
           Executive director, state board of investment; 
           Commissioner of labor and industry; 
           Commissioner of natural resources; 
           Director of office of strategic and long-range planning; 
           Commissioner, pollution control agency; 
           Commissioner of public safety; 
           Commissioner, department of public service; 
           Commissioner of revenue; 
           Commissioner of trade and economic development; 
           Commissioner of transportation; and 
           Commissioner of veterans affairs. 
           Sec. 2.  Minnesota Statutes 1998, section 15A.0815, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GROUP II SALARY LIMITS.] The salaries for 
        positions in this subdivision may not exceed 75 85 percent of 
        the salary of the governor: 
           Ombudsman for corrections; 
           Executive director of gambling control board; 
           Commissioner, iron range resources and rehabilitation 
        board; 
           Commissioner, bureau of mediation services; 
           Ombudsman for mental health and retardation; 
           Chair, metropolitan council; 
           Executive director of pari-mutuel racing; 
           Executive director, public employees retirement 
        association; 
           Commissioner, public utilities commission; 
           Executive director, state retirement system; and 
           Executive director, teachers retirement association. 
           Sec. 3.  Minnesota Statutes 1998, section 85A.02, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [EMPLOYEES.] (a) The board shall appoint an 
        administrator who shall serve as the executive secretary and 
        principal administrative officer of the board and, subject to 
        its approval, shall operate the Minnesota zoological garden and 
        enforce all rules and policy decisions of the board.  The 
        administrator must be chosen solely on the basis of training, 
        experience, and other qualifications appropriate to the field of 
        zoo management and development.  The board shall set the salary 
        of the administrator.  The salary of the administrator may not 
        exceed 85 130 percent of the salary of the governor; however, 
        any amount exceeding 95 percent of the salary of the governor 
        must consist of nonstate funds.  The administrator shall perform 
        duties assigned by the board and serves in the unclassified 
        service at the pleasure of the board.  The administrator, with 
        the participation of the board, shall appoint a development 
        director in the unclassified service or contract with a 
        development consultant to establish mechanisms to foster 
        community participation in and community support for the 
        Minnesota zoological garden.  The board may employ other 
        necessary professional, technical, and clerical personnel.  
        Employees of the zoological garden are eligible for salary 
        supplement in the same manner as employees of other state 
        agencies.  The commissioner of finance shall determine the 
        amount of salary supplement based on available funds. 
           (b) The board may contract with individuals to perform 
        professional services and may contract for the purchases of 
        necessary species exhibits, supplies, services, and equipment. 
        The board may also contract for the construction and operation 
        of entertainment facilities on the zoo grounds that are not 
        directly connected to ordinary functions of the zoological 
        garden.  The zoo board may not enter into a final agreement for 
        construction of an entertainment facility that is not directly 
        connected to the ordinary functions of the zoo until after final 
        construction plans have been submitted to the chairs of the 
        senate finance and house appropriations committees for their 
        recommendations. 
           The zoo may not contract for entertainment during the 
        period of the Minnesota state fair that would directly compete 
        with entertainment at the Minnesota state fair. 
           Sec. 4.  Minnesota Statutes 1999 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 that 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) 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 122A.40 or 122A.41.  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, education Minnesota shall provide a list of up 
        to 14 names and the Minnesota school boards association a list 
        of up to 14 names of persons to be on the list.  The 
        commissioner may adopt rules about maintaining and updating the 
        list. 
           Sec. 5.  Minnesota Statutes 1998, 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 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 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, governs negotiations 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 employer violates section 179A.13, subdivision 2, 
        clause (9); or 
           (3) in the case of state employees, 
           (a) the legislative coordinating commission on employee 
        relations has rejected a negotiated agreement or arbitration 
        decision during a legislative interim; or 
           (b) 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 
        coordinating commission on employee relations, at a special 
        legislative session called to consider it, or at its next 
        regular legislative session, whichever occurs first.  
           Sec. 6.  Minnesota Statutes 1998, section 349A.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DIRECTOR.] A state lottery is established 
        under the supervision and control of the director of the state 
        lottery appointed by the governor with the advice and consent of 
        the senate.  The director must be qualified by experience and 
        training in the operation of a lottery to supervise the 
        lottery.  The director serves in the unclassified service.  The 
        annual salary rate authorized for the director is equal to 85 95 
        percent of the salary rate prescribed for the governor. 
           Sec. 7.  [RATIFICATIONS.] 
           Subdivision 1.  [COUNCIL 6.] The labor agreement between 
        the state of Minnesota and the American federation of state, 
        county, and municipal employees, council 6, approved by the 
        legislative coordinating commission subcommittee on employee 
        relations on September 10, 1999, is ratified. 
           Subd. 2.  [RESIDENTIAL SCHOOLS TEACHERS.] The labor 
        agreement between the state of Minnesota and the state 
        residential schools education association, approved by the 
        legislative coordinating commission subcommittee on employee 
        relations on December 13, 1999, is ratified. 
           Subd. 3.  [SUPERVISORS.] The labor agreement between the 
        state of Minnesota and the middle management association, 
        approved by the legislative coordinating commission subcommittee 
        on employee relations on December 13, 1999, is ratified. 
           Subd. 4.  [NURSES.] The labor agreement between the state 
        of Minnesota and the Minnesota nurses association, approved by 
        the legislative coordinating commission subcommittee on employee 
        relations on December 13, 1999, is ratified. 
           Subd. 5.  [COMMUNITY COLLEGE FACULTY.] The labor agreement 
        between the state of Minnesota and the Minnesota community 
        college faculty association, approved by the legislative 
        coordinating commission subcommittee on employee relations on 
        December 13, 1999, is ratified. 
           Subd. 6.  [STATE UNIVERSITY FACULTY.] The labor agreement 
        between the state of Minnesota and the interfaculty 
        organization, approved by the legislative coordinating 
        commission subcommittee on employee relations on December 13, 
        1999, is ratified. 
           Subd. 7.  [TECHNICAL COLLEGE FACULTY.] The labor agreement 
        between the state of Minnesota and the united technical college 
        educators, approved by the legislative coordinating commission 
        subcommittee on employee relations on December 13, 1999, is 
        ratified. 
           Subd. 8.  [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 subcommittee on employee relations on December 13, 
        1999, is ratified. 
           Subd. 9.  [COMMISSIONER'S PLAN.] The commissioner's plan 
        for unrepresented employees, approved by the legislative 
        coordinating commission subcommittee on employee relations on 
        December 13, 1999, and as amended by the subcommittee on January 
        31, 2000, is ratified. 
           Subd. 10.  [MANAGERIAL PLAN.] The plan for managerial 
        employees, approved by the legislative coordinating commission 
        subcommittee on employee relations on December 13, 1999, and as 
        amended by the subcommittee on January 31, 2000, is ratified. 
           Subd. 11.  [UNREPRESENTED MANAGERS; MINNESOTA STATE 
        COLLEGES AND UNIVERSITIES.] The plan for administrators of the 
        Minnesota state colleges and universities, approved by the 
        legislative coordinating commission subcommittee on employee 
        relations on December 13, 1999, 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 subcommittee on employee relations on January 31, 
        2000, is ratified. 
           Subd. 13.  [LAW ENFORCEMENT.] The labor agreement between 
        the state of Minnesota and the Minnesota law enforcement 
        association, approved by the legislative coordinating commission 
        subcommittee on employee relations on January 31, 2000, is 
        ratified. 
           Subd. 14.  [CORRECTIONAL GUARDS.] The arbitration award and 
        labor agreement between the state of Minnesota and the American 
        federation of state, county, and municipal employees, council 6, 
        approved by the legislative coordinating commission subcommittee 
        on employee relations on January 31, 2000, is ratified. 
           Subd. 15.  [UNREPRESENTED EMPLOYEES, HIGHER EDUCATION 
        SERVICES OFFICE.] The plan for unrepresented, unclassified 
        employees of the higher education services office, approved by 
        the legislative coordinating commission subcommittee on employee 
        relations on January 31, 2000, is ratified. 
           Subd. 16.  [SALARIES FOR CERTAIN HEADS OF STATE 
        AGENCIES.] The proposals to increase the salaries of certain 
        heads of state agencies, approved by the legislative 
        coordinating commission subcommittee on employee relations on 
        January 31, 2000, are ratified. 
           Subd. 17.  [SALARY FOR THE DIRECTOR OF HIGHER EDUCATION 
        SERVICES OFFICE.] The proposal to increase the salary of the 
        director of the higher education services office, recommended by 
        the legislative coordinating commission subcommittee on employee 
        relations on February 22, 2000, is ratified. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Section 7 is effective the day following final enactment. 
           Presented to the governor May 19, 2000 
           Signed by the governor May 25, 2000, 3:52 p.m.