Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 133-S.F.No. 1033 
                  An act relating to public employment; Minnesota state 
                  colleges and universities; merging unions for 
                  technical and community college employees; amending 
                  Minnesota Statutes 2000, sections 43A.06, subdivision 
                  1; 179A.10, subdivision 2; 354B.21, subdivision 1; 
                  354B.25, subdivision 1a; and 354C.11, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 43A.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] (a) The commissioner, through 
        the labor relations bureau, shall perform the duties assigned to 
        the commissioner by sections 3.855, 179A.01 to 179A.25 and this 
        section.  
           (b) The deputy commissioner for the labor relations bureau 
        shall be the state labor negotiator for purposes of negotiating 
        and administering agreements with exclusive representatives of 
        employees and shall perform any other duties delegated by the 
        commissioner subject to the limitations in paragraph (c). 
           (c) The board of trustees of the Minnesota state colleges 
        and universities may exercise the powers under this section for 
        employees included in the units 9, 10, 11, and 12 in provided in 
        clauses (9), (10), and (11) of section 179A.10, subdivision 2, 
        except with respect to sections 43A.22 to 43A.31, which shall 
        continue to be the responsibility of the commissioner.  The 
        commissioner of employee relations shall have the right to 
        review and comment to the Minnesota state colleges and 
        universities on the board's final proposals prior to exchange of 
        final positions with the designated bargaining units as well as 
        any requests for interest arbitration.  When submitting a 
        proposed collective bargaining agreement to the legislative 
        coordinating commission and the legislature under section 3.855, 
        subdivision 2, the board of trustees must use procedures and 
        assumptions consistent with those used by the commissioner of 
        employee relations in calculating the costs of the proposed 
        contract.  The legislative coordinating commission must, when 
        considering a collective bargaining agreement or arbitration 
        award submitted by the board of trustees, evaluate market 
        conditions affecting the employees in the bargaining unit, 
        equity with other bargaining units in the executive branch, and 
        the ability of the trustees and the state to fund the agreement 
        or award. 
           Sec. 2.  Minnesota Statutes 2000, section 179A.10, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STATE EMPLOYEES.] Unclassified employees, unless 
        otherwise excluded, are included within the units which include 
        the classifications to which they are assigned for purposes of 
        compensation.  Supervisory employees shall only be assigned to 
        units 13 12 and 17 16.  The following are the appropriate units 
        of executive branch state employees:  
           (1) law enforcement unit; 
           (2) craft, maintenance, and labor unit; 
           (3) service unit; 
           (4) health care nonprofessional unit; 
           (5) health care professional unit; 
           (6) clerical and office unit; 
           (7) technical unit; 
           (8) correctional guards unit; 
           (9) state university instructional unit; 
           (10) community state college instructional unit; 
           (11) technical college instructional unit; 
           (12) state university administrative unit; 
           (13) (12) professional engineering unit; 
           (14) (13) health treatment unit; 
           (15) (14) general professional unit; 
           (16) (15) professional state residential instructional 
        unit; and 
           (17) (16) supervisory employees unit.  
           Each unit consists of the classifications or positions 
        assigned to it in the schedule of state employee job 
        classification and positions maintained by the commissioner.  
        The commissioner may only make changes in the schedule in 
        existence on the day prior to August 1, 1984, as required by law 
        or as provided in subdivision 4. 
           Sec. 3.  Minnesota Statutes 2000, section 354B.21, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ELIGIBILITY.] The following persons are 
        eligible to have coverage by the individual retirement account 
        plan and to be participants in the plan: 
           (1) employees of the board who are employed as faculty in 
        an employment classification included in the state university 
        instructional unit, or the community college instructional unit, 
        or the technical state college instructional unit under section 
        179A.10, subdivision 2; 
           (2) the chancellor and employees of the board in eligible 
        unclassified administrative positions; 
           (3) the employees in eligible unclassified administrative 
        positions in the state universities; 
           (4) the employees in eligible unclassified administrative 
        positions in the technical colleges; and 
           (5) the employees in eligible unclassified administrative 
        positions of the higher education services office or of the 
        community colleges. 
           Sec. 4.  Minnesota Statutes 2000, section 354B.25, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ADVISORY COMMITTEE.] (a) A committee is created 
        to advise the state board of investment and the board of 
        trustees of the Minnesota state colleges and universities 
        concerning administration of the individual retirement account 
        plan and the supplemental retirement plan established in chapter 
        354C.  The committee shall adopt recommendations by majority 
        vote of those members voting on each issue.  The exclusive 
        representatives of the state university instructional unit, the 
        community college instructional unit, and the technical state 
        college instructional unit shall each appoint two members to the 
        committee.  The exclusive representatives of the general 
        professional unit, the supervisory employees unit and the state 
        university administrative unit shall each appoint one member to 
        the committee.  The chancellor of the Minnesota state colleges 
        and universities shall appoint three members, at least one of 
        whom shall be a personnel administrator.  No member of the 
        committee shall be retired.  Members serve at the pleasure of 
        the applicable appointing authority, but no member shall serve 
        for more than a total of five years.  Members shall be 
        reimbursed from the administrative expense account of the 
        individual retirement account plan for expenses as provided in 
        section 15.059, subdivision 3. 
           (b) The committee shall: 
           (1) advise the board of trustees of the Minnesota state 
        colleges and universities on the structure and operation of the 
        individual retirement account plan and the supplemental 
        retirement plan; 
           (2) along with any other consultants selected by the board, 
        advise the state board of investment on selection of financial 
        institutions and on the type of investment products to be 
        offered by these institutions for the plans; 
           (3) advise the board of trustees of the Minnesota state 
        colleges and universities on administration of the plans, 
        including selection of a third-party plan administrator, if any, 
        for the individual retirement account plan. 
           (c) The board of trustees of the Minnesota state colleges 
        and universities shall provide the advisory committee with 
        meeting space and other administrative support.  
           (d) Expenses of the advisory committee are considered 
        administrative expenses of the plans under subdivision 5 and 
        section 354C.12, subdivision 4, and must be allocated between 
        the two plans in proportion to the market value of the total 
        assets of the plans as of the most recent prior audited annual 
        financial report. 
           Sec. 5.  Minnesota Statutes 2000, section 354C.11, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELIGIBILITY.] (a) An individual must participate 
        in the supplemental retirement plan if the individual is 
        employed by the board of trustees in the unclassified service of 
        the state and has completed at least two years with a full-time 
        contract of applicable unclassified employment with the board or 
        an applicable predecessor board in any of the positions 
        specified in paragraph (b). 
           (b) Eligible positions or employment classifications are: 
           (1) an unclassified administrative position as defined in 
        section 354B.20, subdivision 6; 
           (2) an employment classification included in one of the 
        following collective bargaining units under section 179A.10, 
        subdivision 2: 
           (i) the state university instructional unit; 
           (ii) the community state college instructional unit; and 
           (iii) the technical college instructional unit; and 
           (iv) (iii) the state university administrative unit; or 
           (3) an unclassified employee of the board included in the 
        general professional unit or supervisory employees unit under 
        section 179A.10, subdivision 2. 
           Sec. 6.  [EFFECT OF CURRENT COLLECTIVE BARGAINING 
        AGREEMENTS; EMPLOYMENT RIGHTS.] 
           Subdivision 1.  [TERMS AND CONDITIONS OF EMPLOYMENT.] The 
        terms and conditions of the collective bargaining agreements, 
        memoranda of understanding, or other salary and benefit 
        provisions covering employees of Minnesota state colleges and 
        universities in either the community college instructional unit 
        or the technical college instructional unit shall remain in 
        effect until a successor agreement between Minnesota state 
        colleges and universities and the exclusive representative of 
        the state college instructional unit becomes effective, subject 
        to Minnesota Statutes, section 179A.20.  This subdivision 
        applies to all employees of Minnesota state colleges and 
        universities previously covered by either unit. 
           Subd. 2.  [TRANSITION; EXCLUSIVE REPRESENTATIVE OF STATE 
        COLLEGE INSTRUCTIONAL UNIT EMPLOYEES.] (a) The employee 
        organization that is certified as the exclusive representative 
        of the state community college instructional bargaining unit and 
        the technical college instructional bargaining unit on the 
        effective date of this section shall be certified by the 
        commissioner of the bureau of mediation services as the 
        exclusive representative of the newly created state college 
        instructional bargaining unit.  Any future changes in the status 
        of the exclusive representative of the state college 
        instructional unit are subject to Minnesota Statutes, section 
        179A.12.  
           (b) The exclusive representative of the state college 
        instructional unit shall be responsible for administration of 
        the contracts covering both the community college instructional 
        unit and the technical college instructional unit and for all 
        contractual rights and duties.  This exclusive representative 
        shall retain all rights and obligations held by the former 
        exclusive representatives for either the community college 
        instructional unit or the technical college instructional unit.  
        The exclusive representative shall continue to enjoy the right 
        to dues and fair share fee deduction and all other contractual 
        privileges and rights unless modified by a successor agreement.  
        The exclusive representative shall have the responsibility of 
        bargaining on behalf of all employees within the state college 
        instructional unit.  The exclusive representative and the 
        Minnesota state colleges and universities shall continue to have 
        the responsibility of administering grievances arising under the 
        existing contracts.  The new exclusive representative shall have 
        all other rights and duties of representation, including the 
        right to all employer information and all forms of access to 
        employees within the bargaining unit, provided under the current 
        existing contracts, memoranda of understanding, or practice, 
        specifically including the rights in Minnesota Statutes, section 
        179A.07, subdivision 6.  This subdivision does not affect any 
        existing collective bargaining agreement. 
           Subd. 3.  [RETURN FROM LEAVE.] All employees on an approved 
        leave of absence from positions within either the community 
        college instructional unit or the technical college 
        instructional unit as of the effective date of this section 
        shall retain the reinstatement rights specified in the original 
        terms of the leave, except as otherwise provided in a successor 
        agreement. 
           Subd. 4.  [SENIORITY; BENEFITS.] Determination of dates of 
        employment and years of service for purposes of seniority, 
        accumulated benefits, or other benefits shall not be impacted as 
        a result of this section, except as otherwise provided in a 
        successor contract. 
           Sec. 7.  [UNIT CHANGE.] 
           State employee job classifications and positions assigned, 
        before the effective date of this section, to the community 
        college instructional unit and the technical college 
        instructional unit are assigned to the state college 
        instructional unit created in section 2.  The commissioner of 
        mediation services may make changes to these assignments as 
        provided in Minnesota Statutes, section 179A.10, subdivision 4.  
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective the day following final 
        enactment. 
           Presented to the governor May 17, 2001 
           Signed by the governor May 21, 2001, 10:46 a.m.