Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 114-H.F.No. 1748 
                  An act relating to state employees; modifying 
                  grievance appeal procedures; eliminating a medical 
                  examination requirement; amending Minnesota Statutes 
                  2004, sections 43A.33, subdivision 3; 43A.34, 
                  subdivision 3; repealing Minnesota Statutes 2004, 
                  section 43A.33, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 43A.33, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROCEDURES.] Procedures for discipline and 
        discharge of employees covered by collective bargaining 
        agreements shall be governed by the agreements.  Procedures for 
        employees not covered by a collective bargaining agreement shall 
        be governed by this subdivision and by the commissioner's and 
        managerial plans.  
           (a) For discharge, suspension without pay or demotion, no 
        later than the effective date of such action, a permanent 
        classified employee not covered by a collective bargaining 
        agreement shall be given written notice by the appointing 
        authority.  The content of that notice as well as the employee's 
        right to reply to the appointing authority shall be as 
        prescribed in the grievance procedure contained in the 
        applicable plan established pursuant to section 43A.18.  The 
        notice shall also include a statement that the employee may 
        elect to appeal the action to the Office of Administrative 
        Hearings Bureau of Mediation Services within 30 calendar days 
        following the effective date of the disciplinary action.  A copy 
        of the notice and the employee's reply, if any, shall be filed 
        by the appointing authority with the commissioner no later than 
        ten calendar days following the effective date of the 
        disciplinary action.  The commissioner shall have final 
        authority to decide whether the appointing authority shall 
        settle the dispute prior to the hearing provided under 
        subdivision 4. 
           (b) For discharge, suspension, or demotion of an employee 
        serving an initial probationary period, and for noncertification 
        in any subsequent probationary period, grievance procedures 
        shall be as provided in the plan established pursuant to section 
        43A.18. 
           (c) Any permanent employee who is covered by a collective 
        bargaining agreement may elect to appeal to the chief 
        administrative law judge within 30 days following the effective 
        date of the discharge, suspension, or demotion if the collective 
        bargaining agreement provides that option.  In no event may an 
        employee use both the procedure under this section and the 
        grievance procedure available pursuant to sections 179A.01 to 
        179A.25.  Within ten days of receipt of the employee's written 
        notice of appeal, the commissioner of the Bureau of Mediation 
        Services shall provide both parties with a list of potential 
        arbitrators according to the rules of the Bureau of Mediation 
        Services to hear the appeal.  The process of selecting the 
        arbitrator from the list shall be determined by the plan. 
           The hearing shall be conducted pursuant to the rules of the 
        Bureau of Mediation Services.  If the arbitrator finds, based on 
        the hearing record, that the action appealed was not taken by 
        the appointing authority for just cause, the employee shall be 
        reinstated to the position, or an equal position in another 
        division within the same agency, without loss of pay.  If the 
        arbitrator finds that there exists sufficient grounds for 
        institution of the appointing authority's action but the hearing 
        record establishes extenuating circumstances, the arbitrator may 
        reinstate the employee, with full, partial, or no pay, or may 
        modify the appointing authority's action.  The appointing 
        authority shall bear the costs of the arbitrator for hearings 
        provided for in this section. 
           Sec. 2.  Minnesota Statutes 2004, section 43A.34, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CORRECTIONAL PERSONNEL EXEMPTED.] Any employee 
        of the state of Minnesota in a covered classification as defined 
        in section 352.91, who is a member of the special retirement 
        program for correctional personnel established pursuant to 
        sections 352.90 to 352.95, may elect or be required to retire 
        from employment in the covered correctional position upon 
        reaching the age of 55 years.  
           A correctional employee occupying a position covered by 
        provisions of section 352.91, desiring employment beyond the 
        conditional mandatory retirement age shall, at least 30 days 
        prior to the date of reaching the conditional mandatory 
        retirement age of 55 years, and annually thereafter, request in 
        writing to the employee's appointing authority authorization to 
        continue in employment in the covered position.  Upon receiving 
        the request, the appointing authority shall have a medical 
        examination made of the employee.  If the results of the medical 
        examination establish the mental and physical ability of the 
        employee to continue the duties of employment, the employee 
        shall be continued in employment for the following year.  If the 
        determination of the appointing authority based upon the results 
        of the physical examination is adverse, the disposition of the 
        matter shall be decided by the commissioner of corrections or, 
        for employees of the Minnesota security hospital, the 
        commissioner of human services.  Based on the information 
        provided, the decision of the applicable commissioner shall be 
        made in writing and shall be final. 
           Sec. 3.  [REPEALER.] 
           Minnesota Statutes 2004, section 43A.33, subdivision 4, is 
        repealed. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 26, 2005, 8:30 p.m.