Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes