language to be deleted (2) new language
relating to labor; creating the Public Employment Relations Board; authorizing rulemaking; appropriating money;
amending Minnesota Statutes 2012, sections 179A.03, subdivisions 14, 15, by adding a subdivision; 179A.04, subdivision 3; 179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; proposing coding for new law in Minnesota Statutes, chapter 179A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) "Public employee" or "employee" means any person appointed or employed by a public employer except:
(1) elected public officials;
(2) election officers;
(3) commissioned or enlisted personnel of the Minnesota National Guard;
(4) emergency employees who are employed for emergency work caused by natural disaster;
(5) part-time employees whose service does not exceed the lesser of 14 hours per week or 35 percent of the normal work week in the employee's appropriate unit;
(6) employees whose positions are basically temporary or seasonal in character and: (i) are not for more than 67 working days in any calendar year; or (ii) are not for more than 100 working days in any calendar year and the employees are under the age of 22, are full-time students enrolled in a nonprofit or public educational institution prior to being hired by the employer, and have indicated, either in an application for employment or by being enrolled at an educational institution for the next academic year or term, an intention to continue as students during or after their temporary employment;
(7) employees providing services for not more than two consecutive quarters to the Board of Trustees of the Minnesota State Colleges and Universities under the terms of a professional or technical services contract as defined in section 16C.08, subdivision 1;
(8) employees of charitable hospitals as defined by section 179.35, subdivision 3;
(9) full-time undergraduate students employed by the school which they attend under a work-study program or in connection with the receipt of financial aid, irrespective of number of hours of service per week;
(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor in an adult vocational education program;
(11) an individual hired by the Board of Trustees of the Minnesota State Colleges and Universities to teach one course for three or fewer credits for one semester in a year;
(12) with respect to court employees:
(i) personal secretaries to judges;
(ii) law clerks;
(iii) managerial employees;
(iv) confidential employees; and
(v) supervisory employees;
(13) with respect to employees of Hennepin Healthcare System, Inc., managerial, supervisory, and confidential employees.
(b) The following individuals are public employees regardless of the exclusions of paragraph (a), clauses (5) and (6):
(1) an employee hired by a school district or the Board of Trustees of the Minnesota State Colleges and Universities except at the university established in the Twin Cities metropolitan area under section 136F.10 or for community services or community education instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member who is a public employee, where the replacement employee is employed more than 30 working days as a replacement for that teacher or faculty member; or (ii) to take a teaching position created due to increased enrollment, curriculum expansion, courses which are a part of the curriculum whether offered annually or not, or other appropriate reasons;
(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same position has already been filled under paragraph (a), clause (6), item (i), in the same calendar year and the cumulative number of days worked in that same position by all employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position" includes a substantially equivalent position if it is not the same position solely due to a change in the classification or title of the position; and
(3) an early childhood family education teacher employed by a school district.
(a) "Public employer" or "employer" means:
(1) the state of Minnesota for employees of the state not otherwise provided for in this subdivision or section 179A.10 for executive branch employees;
(2) the Board of Regents of the University of Minnesota for its employees;
(3) the state court administrator for court employees;
(4) the state Board of Public Defense for its employees;
(5) Hennepin Healthcare System, Inc.; and
(6) notwithstanding any other law to the contrary, the governing body of a political subdivision or its agency or instrumentality which has final budgetary approval authority for its employees. However, the views of elected appointing authorities who have standing to initiate interest arbitration, and who are responsible for the selection, direction, discipline, and discharge of individual employees shall be considered by the employer in the course of the discharge of rights and duties under sections 179A.01 to 179A.25.
(b) When two or more units of government subject to sections 179A.01 to 179A.25 undertake a project or form a new agency under law authorizing common or joint action, the employer is the governing person or board of the created agency. The governing official or body of the cooperating governmental units shall be bound by an agreement entered into by the created agency according to sections 179A.01 to 179A.25.
(c) "Public employer" or "employer" does not include a "charitable hospital" as defined in section 179.35, subdivision 2.
(d) Nothing in this subdivision diminishes the authority granted pursuant to law to an appointing authority with respect to the selection, direction, discipline, or discharge of an individual employee if this action is consistent with general procedures and standards relating to selection, direction, discipline, or discharge which are the subject of an agreement entered into under sections 179A.01 to 179A.25.
(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 to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), 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, 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. Arbitrator application fees will be $100 per year for initial applications and renewals effective July 1, 2007;
(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.
Decisions of the commissioner relating to supervisory, confidential, essential, and professional employees, appropriateness of a unit, or fair share fee challenges may be reviewed on certiorari by the Court of Appeals. A petition for a writ of certiorari must be filed and served on the other party or parties and the commissioner within 30 days from the date of the mailing of the commissioner's decision. The petition must be served on the other party or parties at the party's or parties' last known address.
The commissioner of management and budget shall meet and negotiate with the exclusive representative of each of the units specified in this section, except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in this section are the only appropriate units for executive branch state employees. The following employees shall be excluded from any appropriate unit:
(1) the positions and classes of positions in the classified and unclassified services defined as managerial by the commissioner of management and budget in accordance with section 43A.18, subdivision 3, and so designated in the official state compensation schedules;
(2) unclassified positions in the Minnesota State Colleges and Universities defined as managerial by the Board of Trustees;
(3) positions of physician employees compensated under section 43A.17, subdivision 4;
(4) positions of all unclassified employees appointed by a constitutional officer;
(5) positions in the Bureau;
(6) positions of employees whose classification is pilot or chief pilot;
(7) administrative law judge and compensation judge positions in the Office of Administrative Hearings; and
(8) positions of all confidential employees.
The governor may upon the unanimous written request of exclusive representatives of units and the commissioner direct that negotiations be conducted for one or more units in a common proceeding or that supplemental negotiations be conducted for portions of a unit or units defined on the basis of appointing authority or geography.
The practices specified in this section are unfair labor practices. Any employee, employer, employee or employer organization, exclusive representative, or any other person or organization aggrieved by an unfair labor practice as defined in this section may bring an action for injunctive relief and for damages caused by the unfair labor practice in the district court of the county in which the practice is alleged to have occurred. A copy of any complaint alleging an unfair labor practice must be filed with the commissioner at the time it is brought in district court. The party bringing an unfair labor practice action in district court shall also transmit to the commissioner any orders or judgments of the court within ten days of the order or judgment.
Public employers, their agents and representatives are prohibited from:
(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed in sections 179A.01 to 179A.25;
(2) dominating or interfering with the formation, existence, or administration of any employee organization or contributing other support to it;
(3) discriminating in regard to hire or tenure to encourage or discourage membership in an employee organization;
(4) discharging or otherwise discriminating against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under sections 179A.01 to 179A.25;
(5) refusing to meet and negotiate in good faith with the exclusive representative of its employees in an appropriate unit;
(6) refusing to comply with grievance procedures contained in an agreement;
(7) distributing or circulating a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing blacklisted individuals from obtaining or retaining employment;
(8) violating rules established by the commissioner regulating the conduct of representation elections;
(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;
(10) violating or refusing to comply with any lawful order or decision issued by the commissioner;
(11) refusing to provide, upon the request of the exclusive representative, all information pertaining to the public employer's budget both present and proposed, revenues, and other financing information provided that in the executive branch of state government this clause may not be considered contrary to the budgetary requirements of sections 16A.10 and 16A.11; or
(12) granting or offering to grant the status of permanent replacement employee to a person for performing bargaining unit work for the employer during a lockout of employees in an employee organization or during a strike authorized by an employee organization that is an exclusive representative.
Employee organizations, their agents or representatives, and public employees are prohibited from:
(1) restraining or coercing employees in the exercise of rights provided in sections 179A.01 to 179A.25;
(2) restraining or coercing a public employer in the election of representatives to be employed to meet and negotiate or to adjust grievances;
(3) refusing to meet and negotiate in good faith with a public employer, if the employee organization is the exclusive representative of employees in an appropriate unit;
(4) violating rules established by the commissioner regulating the conduct of representation elections;
(5) refusing to comply with a valid decision of an arbitration panel or arbitrator;
(6) calling, instituting, maintaining, or conducting a strike or boycott against any public employer on account of any jurisdictional controversy;
(7) coercing or restraining any person with the effect to:
(i) force or require any public employer to cease dealing or doing business with any other person;
(ii) force or require a public employer to recognize for representation purposes an employee organization not certified by the commissioner;
(iii) refuse to handle goods or perform services; or
(iv) prevent an employee from providing services to the employer;
(8) committing any act designed to damage or actually damaging physical property or endangering the safety of persons while engaging in a strike;
(9) forcing or requiring any employer to assign particular work to employees in a particular employee organization or in a particular trade, craft, or class rather than to employees in another employee organization or in another trade, craft, or class;
(10) causing or attempting to cause a public employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed;
(11) engaging in an unlawful strike;
(12) picketing which has an unlawful purpose such as secondary boycott;
(13) picketing which unreasonably interferes with the ingress and egress to facilities of the public employer;
(14) seizing or occupying or destroying property of the employer;
(15) violating or refusing to comply with any lawful order or decision issued by the commissioner.
Presented to the governor May 6, 2014
Signed by the governor May 9, 2014, 10:03 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes