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1984 Minnesota Session Laws

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                         Laws of Minnesota 1984 

                        CHAPTER 462-S.F.No. 1986
           An act relating to public employment labor relations; 
          recodifying the public employment labor relations act; 
          proposing new law coded as Minnesota Statutes, chapter 
          179A; repealing Minnesota Statutes 1982, sections 
          179.61 to 179.76, as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [CITATION.] 
    This act shall be known as the 1984 Public Employment Labor 
Relations Recodification Act.  The intent of this act is to 
eliminate obsolete and redundant language, arrange the 
provisions governing public sector labor relations in a more 
logical order, and make the law easier to read and understand.  
    Sec. 2.  [179A.01] [PUBLIC POLICY.] 
    It is the public policy of this state and the purpose of 
sections 179A.01 to 179A.25 to promote orderly and constructive 
relationships between all public employers and their employees. 
This policy is subject to the paramount right of the citizens of 
this state to keep inviolate the guarantees for their health, 
education, safety, and welfare.  
    The relationships between the public, public employees, and 
employer governing bodies involve responsibilities to the public 
and a need for cooperation and employment protection which are 
different from those found in the private sector.  The 
importance or necessity of some services to the public can 
create imbalances in the relative bargaining power between 
public employees and employers.  As a result, unique approaches 
to negotiations and resolutions of disputes between public 
employees and employers are necessary.  
    Unresolved disputes between the public employer and its 
employees are injurious to the public as well as to the parties. 
Adequate means must be established for minimizing them and 
providing for their resolution.  Within these limitations and 
considerations, the legislature has determined that overall 
policy is best accomplished by:  
    (1) granting public employees certain rights to organize 
and choose freely their representatives;  
    (2) requiring public employers to meet and negotiate with 
public employees in an appropriate bargaining unit and providing 
that the result of bargaining be in written agreements; and 
    (3) establishing special rights, responsibilities, 
procedures, and limitations regarding public employment 
relationships which will provide for the protection of the 
rights of the public employee, the public employer, and the 
public at large.  
    Nothing in sections 179A.01 to 179A.25 impairs, modifies, 
or alters the authority of the legislature to establish rates of 
pay, or retirement or other benefits for its employees.  
    Sec. 3.  [179A.02] [CITATION.] 
    Sections 179A.01 to 179A.25 shall be known as the Public 
Employment Labor Relations Act.  
    Sec. 4.  [179A.03] [DEFINITIONS.] 
    Subdivision 1.  [GENERAL.] For the purposes of sections 
179A.01 to 179A.25, the terms defined in this section have the 
meanings given them unless otherwise stated.  
    Subd. 2.  [APPROPRIATE UNIT.] "Appropriate unit" or "unit" 
means a unit of employees determined under sections 179A.09 to 
179A.11.  For school districts, the term means all the teachers 
in the district.  
    Subd. 3.  [BOARD.] "Board" means the Minnesota public 
employment relations board.  
    Subd. 4.  [CONFIDENTIAL EMPLOYEE.] "Confidential employee" 
means any employee who works in the personnel offices of a 
public employer or who:  
    (1) has access to information subject to use by the public 
employer in meeting and negotiating; or 
    (2) actively participates in the meeting and negotiating on 
behalf of the public employer.  
    However, for executive branch employees of the state or 
employees of the regents of the University of Minnesota, 
"confidential employee" means any employee who:  
    (a) has access to information subject to use by the public 
employer in collective bargaining; or 
    (b) actively participates in collective bargaining on 
behalf of the public employer.  
    Subd. 5.  [DIRECTOR.] "Director of mediation services" or 
"director"  means the director of the bureau of mediation 
services.  
    Subd. 6.  [EMPLOYEE ORGANIZATION.] "Employee organization" 
means any union or organization of public employees whose 
purpose is, in whole or in part, to deal with public employers 
concerning grievances and terms and conditions of employment.  
    Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
firefighters, peace officers subject to licensure under sections 
626.84 to 626.855, guards at correctional facilities, employees 
of hospitals other than state hospitals, confidential employees, 
supervisory employees, principals, and assistant principals. 
However, for state employees, "essential employee" means all 
employees in law enforcement, health care professionals, 
correctional guards, professional engineering, and supervisory 
collective bargaining units, irrespective of severance, and no 
other employees.  For University of Minnesota employees, 
"essential employee" means all employees in law enforcement, 
nursing professional and supervisory units, irrespective of 
severance, and no other employees.  "Firefighters" means 
salaried employees of a fire department whose duties include, 
directly or indirectly, controlling, extinguishing, preventing, 
detecting, or investigating fires.  
    Subd. 8.  [EXCLUSIVE REPRESENTATIVE.] "Exclusive 
representative" means an employee organization which has been 
certified by the director under section 179A.12 to meet and 
negotiate with the employer on behalf of all employees in the 
appropriate unit.  
    Subd. 9.  [FAIR SHARE FEE CHALLENGE.] "Fair share fee 
challenge" means any proceeding or action instituted by a public 
employee, a group of public employees, or any other person, to 
determine their rights and obligations with respect to the 
circumstances or the amount of a fair share fee.  
    Subd. 10.  [MEET AND CONFER.] "Meet and confer" means the 
exchange of views and concerns between employers and their 
employees.  
    Subd. 11.  [MEET AND NEGOTIATE.] "Meet and negotiate" means 
the performance of the mutual obligations of public employers 
and the exclusive representatives of public employees to meet at 
reasonable times, including where possible meeting in advance of 
the budget making process, with the good faith intent of 
entering into an agreement on terms and conditions of 
employment.  This obligation does not compel either party to 
agree to a proposal or to make a concession.  
    Subd. 12.  [PRINCIPAL.] "Principal" and "assistant 
principal" means any person so licensed by the state board of 
education who devotes more than 50 percent of his or her time to 
administrative or supervisory duties.  
    Subd. 13.  [PROFESSIONAL EMPLOYEE.] "Professional employee" 
means:  
    (a) any employee engaged in work (i) predominantly 
intellectual and varied in character as opposed to routine 
mental, manual, mechanical, or physical work; (ii) involving the 
consistent exercise of discretion and judgment in its 
performance; (iii) of a character that the output produced or 
the result accomplished cannot be standardized in relation to a 
given period of time; and (iv) requiring advanced knowledge in a 
field of science or learning customarily acquired by a prolonged 
course of specialized intellectual instruction and study in an 
institution of higher learning or a hospital, as distinguished 
from a general academic education, an apprenticeship, or 
training in the performance of routine mental, manual, or 
physical processes; or 
    (b) any employee, who (i) has completed the course of 
advanced instruction and study described in clause (iv) of 
paragraph (a); and (ii) is performing related work under the 
supervision of a professional person to qualify as a 
professional employee as defined in paragraph (a); or 
    (c) a teacher.  
    Subd. 14.  "Public employee" or "employee" means any person 
appointed or employed by a public employer except:  
    (a) elected public officials;  
    (b) election officers;  
    (c) commissioned or enlisted personnel of the Minnesota 
national guard;  
    (d) emergency employees who are employed for emergency work 
caused by natural disaster;  
    (e) 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;  
    (f) employees whose positions are basically temporary or 
seasonal in character and:  (1) are not for more than 67 working 
days in any calendar year; or (2) 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;  
    (g) employees providing services for not more than two 
consecutive quarters to the state university board or the 
community college board under the terms of a professional or 
technical services contract as defined in section 16.098;  
    (h) graduate assistants employed by the school in which 
they are enrolled in a graduate degree program;  
    (i) employees of charitable hospitals as defined by section 
179.35, subdivision 3;  
    (j) 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;  
    (k) an individual who is employed for less than 300 hours 
in a fiscal year as an instructor in an adult vocational 
education program;  
    (l) an individual hired by a school district, the community 
college board, or the state university board, to teach one 
course for up to four credits for one quarter in a year.  
    The following individuals are "public employees" regardless 
of the exclusions of clauses (e) and (f):  
    An employee hired by a school district, the community 
college board, or the state university board, except at the 
university established in section 136.017 or for community 
services or community education instruction offered on a 
noncredit basis:  (1) 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 (2) 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.  
    Subd. 15.  [PUBLIC EMPLOYER.] "Public employer" or 
"employer" means:  
    (a) the state of Minnesota for employees of the state not 
otherwise provided for in this subdivision or section 179A.10 
for executive branch employees;  
    (b) the board of regents of the University of Minnesota for 
its employees; and 
    (c) 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.  
    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.  
    "Public employer" or "employer" does not include a 
"charitable hospital" as defined in section 179.35, subdivision 
2.  
    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.  
    Subd. 16.  [STRIKE.] "Strike" means concerted action in 
failing to report for duty, the willful absence from one's 
position, the stoppage of work, slowdown, or the abstinence in 
whole or in part from the full, faithful, and proper performance 
of the duties of employment for the purposes of inducing, 
influencing, or coercing a change in the conditions or 
compensation or the rights, privileges, or obligations of 
employment.  
    Subd. 17.  [SUPERVISORY EMPLOYEE.] "Supervisory employee" 
means a person who has the authority to undertake a majority of 
the following supervisory functions in the interests of the 
employer:  hiring, transfer, suspension, promotion, discharge, 
assignment, reward, or discipline of other employees, direction 
of the work of other employees, or adjustment of other 
employees' grievances on behalf of the employer.  To be included 
as a supervisory function which the person has authority to 
undertake, the exercise of the authority by the person may not 
be merely routine or clerical in nature but must require the use 
of independent judgment.  An employee, other than an essential 
employee, who has authority to effectively recommend a 
supervisory function, is deemed to have authority to undertake 
that supervisory function for the purposes of this subdivision. 
The administrative head of a municipality, municipal utility, or 
police or fire department, and the administrative head's 
assistant, are always considered supervisory employees.  A 
determination that a person is or is not a "supervisory 
employee" may be appealed to the public employment relations 
board.  
    The removal of employees by the employer from 
nonsupervisory bargaining units for the purpose of designating 
the employees as "supervisory employees" shall require either 
the prior written agreement of the exclusive representative and 
the written approval of the director or a separate determination 
by the director before the redesignation is effective.  
    Subd. 18.  [TEACHER.] "Teacher" means any public employee 
other than a superintendent or assistant superintendent, 
principal, assistant principal, or a supervisory or confidential 
employee, employed by a school district:  
    (1) in a position for which the person must be licensed by 
the board of teaching or the state board of education; or 
    (2) in a position as a physical therapist or an 
occupational therapist.  
    Subd. 19.  [TERMS AND CONDITIONS OF EMPLOYMENT.] "Terms and 
conditions of employment" means the hours of employment, the 
compensation therefor including fringe benefits except 
retirement contributions or benefits, and the employer's 
personnel policies affecting the working conditions of the 
employees.  In the case of professional employees the term does 
not mean educational policies of a school district.  "Terms and 
conditions of employment" is subject to section 179A.07.  
    Sec. 5.  [179A.04] [DIRECTOR'S POWER, AUTHORITY, AND 
DUTIES.] 
    Subdivision 1.  [PETITIONS.] The director shall accept and 
investigate all petitions for:  
    (a) certification or decertification as the exclusive 
representative of an appropriate unit;  
    (b) mediation services;  
    (c) any election or other voting procedures provided for in 
sections 179A.01 to 179A.25;  
    (d) certification to the board of arbitration; and 
    (e) fair share fee challenges, upon the receipt of a filing 
fee.  The director shall hear and decide all issues in a fair 
share fee challenge.  
    Subd. 2.  [UNIT DETERMINATION.] The director shall 
determine appropriate units, under the criteria of section 
179A.09.  
    Subd. 3.  [OTHER DUTIES.] The director shall:  
    (a) provide mediation services as requested by the parties 
until the parties reach agreement.  The director may continue to 
assist parties after they have submitted their final positions 
for interest arbitration;  
    (b) issue notices, subpoenas, and orders required by law to 
carry out duties under sections 179A.01 to 179A.25;  
    (c) certify to the board items of dispute between parties 
subject to action of the board under section 179A.16;  
    (d) assist the parties in formulating petitions, notices, 
and other papers required to be filed with the director or the 
board;  
    (e) certify the final results of any election or other 
voting procedure conducted under sections 179A.01 to 179A.25;  
    (f) adopt rules regulating the forms of petitions, notices, 
and orders; and the conduct of hearings and elections;  
    (g) receive, catalogue, and file all orders and decisions 
of the board, all decisions of arbitration panels authorized by 
sections 179A.01 to 179A.25, all grievance arbitration 
decisions, and the director's orders and decisions.  All orders 
and decisions catalogued and filed shall be readily available to 
the public;  
    (h) adopt, subject to chapter 14, a grievance procedure to 
fulfill the purposes of section 179A.20, subdivision 4.  The 
grievance procedure shall not provide for the services of the 
bureau of mediation services.  The grievance procedure shall be 
available to any employee in a unit not covered by a contractual 
grievance procedure;  
    (i) conduct elections;  
    (j) maintain a schedule of state employee classifications 
or positions assigned to each unit established in section 
179A.10, subdivision 2.  
    Subd. 4.  [LOCATION OF HEARINGS.] Hearings and mediation 
meetings authorized by this section shall be held at a time and 
place determined by the director, but, whenever practical, a 
hearing shall be held in the general geographic area where the 
question has arisen or exists.  
    Sec. 6.  [179A.05] [PUBLIC EMPLOYMENT RELATIONS BOARD; 
POWERS AND DUTIES.] 
    Subdivision 1.  [MEMBERSHIP.] The public employment 
relations board is established with five members appointed by 
the governor.  Two members shall be representative of public 
employees; two shall be representative of public employers; and 
one shall be representative of the public at large.  Public 
employers and employee organizations representing public 
employees may submit for consideration names of persons 
representing their interests.  The board shall select one of its 
members to serve as chairman for a term beginning May 1 each 
year.  
    Subd. 2.  [TERMS, COMPENSATION.] The membership terms, 
compensation, removal of members, and filling of vacancies on 
the board shall be as provided in section 15.0575.  
    Subd. 3.  [RULES, MEETINGS.] The board shall adopt rules 
governing its procedure and shall hold meetings as prescribed in 
those rules.  The chairman shall preside at meetings of the 
board.  
    Subd. 4.  [OTHER POWERS.] In addition to the other powers 
and duties given it by law, the board has the following powers 
and duties:  
    (a) to hear and decide appeals from determinations of the 
director relating to "supervisory employee," "confidential 
employee," "essential employee," or "professional employee";  
    (b) to hear and decide appeals from determinations of the 
director relating to the appropriateness of a unit;  
    (c) to hear and decide on the record, determinations of the 
director relating to a fair share fee challenge.  
    Subd. 5.  [APPEALS.] The board shall adopt rules under 
chapter 14 governing the presentation of issues and the taking 
of appeals relating to matters included in subdivision 4.  All 
issues and appeals presented to the board shall be determined 
upon the record established by the director, except that the 
board may request additional evidence when necessary or helpful. 
    Subd. 6.  [LIST OF ARBITRATORS.] The board shall maintain a 
list of names of arbitrators qualified by experience and 
training in the field of labor management negotiations and 
arbitration.  Names on the list may be selected and removed at 
any time by a majority of the board.  In maintaining the list 
the board shall, to the maximum extent possible, select persons 
from varying geographical areas of the state.  
    Subd. 7.  [ARBITRATION.] The board shall provide the 
parties with a list of arbitrators under section 179A.16, 
subdivision 4.  
    Sec. 7.  [179A.06] [RIGHTS AND OBLIGATIONS OF EMPLOYEES.] 
    Subdivision 1.  [EXPRESSION OF VIEWS.] Sections 179A.01 to 
179A.25 do not affect the right of any public employee or the 
employee's representative to express or communicate a view, 
grievance, complaint, or opinion on any matter related to the 
conditions or compensation of public employment or their 
betterment, so long as this is not designed to and does not 
interfere with the full faithful and proper performance of the 
duties of employment or circumvent the rights of the exclusive 
representative.  Sections 179A.01 to 179A.25 do not require any 
public employee to perform labor or services against the 
employee's will.  
    If no exclusive representative has been certified, any 
public employee individually, or group of employees through 
their representative, has the right to express or communicate a 
view, grievance, complaint, or opinion on any matter related to 
the conditions or compensation of public employment or their 
betterment, by meeting with their public employer or the 
employer's representative, so long as this is not designed to 
and does not interfere with the full, faithful, and proper 
performance of the duties of employment.  
    Subd. 2.  [RIGHT TO ORGANIZE.] Public employees have the 
right to form and join labor or employee organizations, and have 
the right not to form and join such organizations.  Public 
employees in an appropriate unit have the right by secret ballot 
to designate an exclusive representative to negotiate grievance 
procedures and the terms and conditions of employment with their 
employer.  Confidential employees of the state and the 
University of Minnesota are excluded from bargaining.  Other 
confidential employees, supervisory employees, principals, and 
assistant principals may form their own organizations.  An 
employer shall extend exclusive recognition to a representative 
of or an organization of supervisory or confidential employees, 
or principals and assistant principals, for the purpose of 
negotiating terms or conditions of employment, in accordance 
with sections 179A.01 to 179A.25, applicable to essential 
employees.  
    Supervisory or confidential employee organizations shall 
not participate in any capacity in any negotiations which 
involve units of employees other than supervisory or 
confidential employees.  Except for organizations which 
represent supervisors who are:  (1) firefighters, peace officers 
subject to licensure under sections 626.84 to 626.855, guards at 
correctional facilities, or employees at hospitals other than 
state hospitals; and (2) not state or University of Minnesota 
employees, a supervisory or confidential employee organization 
which is affiliated with another employee organization which is 
the exclusive representative of nonsupervisory or 
nonconfidential employees of the same public employer shall not 
be certified, or act as, an exclusive representative for the 
supervisory or confidential employees. For the purpose of this 
subdivision, affiliation means either direct or indirect and 
includes affiliation through a federation or joint body of 
employee organizations.  
    Subd. 3.  [FAIR SHARE FEE.] An exclusive representative may 
require employees who are not members of the exclusive 
representative to contribute a fair share fee for services 
rendered by the exclusive representative.  The fair share fee 
shall be equal to the regular membership dues of the exclusive 
representative, less the cost of benefits financed through the 
dues and available only to members of the exclusive 
representative.  In no event shall the fair share fee exceed 85 
percent of the regular membership dues.  The exclusive 
representative shall provide advance written notice of the 
amount of the fair share fee to the director, the employer, and 
to unit employees who will be assessed the fee.  The employer 
shall provide the exclusive representative with a list of all 
unit employees.  
    A challenge by an employee or by a person aggrieved by the 
fee shall be filed in writing with the director, the public 
employer, and the exclusive representative within 30 days after 
receipt of the written notice.  All challenges shall specify 
those portions of the fee challenged and the reasons for the 
challenge.  The burden of proof relating to the amount of the 
fair share fee is on the exclusive representative.  The director 
shall hear and decide all issues in these challenges.  
    The employer shall deduct the fee from the earnings of the 
employee and transmit the fee to the exclusive representative 30 
days after the written notice was provided.  If a challenge is 
filed, the deductions for a fair share fee shall be held in 
escrow by the employer pending a decision by the director.  
    Subd. 4.  [MEET AND CONFER.] Professional employees have 
the right to meet and confer under section 179A.08 with public 
employers regarding policies and matters other than terms and 
conditions of employment.  
    Subd. 5.  [MEET AND NEGOTIATE.] Public employees, through 
their certified exclusive representative, have the right and 
obligation to meet and negotiate in good faith with their 
employer regarding grievance procedures and the terms and 
conditions of employment, but this obligation does not compel 
the exclusive representative to agree to a proposal or require 
the making of a concession.  
    Subd. 6.  [DUES CHECK OFF.] Public employees have the right 
to request and be allowed dues check off for the exclusive 
representative.  In the absence of an exclusive representative, 
public employees have the right to request and be allowed dues 
check off for the organization of their choice.  
    Sec. 8.  [179A.07] [RIGHTS AND OBLIGATIONS OF EMPLOYERS.] 
    Subdivision 1.  [INHERENT MANAGERIAL POLICY.] A public 
employer is not required to meet and negotiate on matters of 
inherent managerial policy.  Matters of inherent managerial 
policy include, but are not limited to, such areas of discretion 
or policy as the functions and programs of the employer, its 
overall budget, utilization of technology, the organizational 
structure, selection of personnel, and direction and the number 
of personnel.  No public employer shall sign an agreement which 
limits its right to select persons to serve as supervisory 
employees or state managers under section 43A.18, subdivision 3, 
or requires the use of seniority in their selection.  
    Subd. 2.  [MEET AND NEGOTIATE.] A public employer has an 
obligation to meet and negotiate in good faith with the 
exclusive representative of public employees in an appropriate 
unit regarding grievance procedures and the terms and conditions 
of employment, but this obligation does not compel the public 
employer or its representative to agree to a proposal or require 
the making of a concession.  
    The public employer's duty under this subdivision exists 
notwithstanding contrary provisions in a municipal charter, 
ordinance, or resolution.  A provision of a municipal charter, 
ordinance, or resolution which limits or restricts a public 
employer from negotiating or from entering into binding 
contracts with exclusive representatives is superseded by this 
subdivision.  
    Subd. 3.  [MEET AND CONFER.] A public employer has the 
obligation to meet and confer, under section 179A.08, with 
professional employees to discuss policies and other matters 
relating to their employment which are not terms and conditions 
of employment.  
    Subd. 4.  [OTHER COMMUNICATION.] If an exclusive 
representative has been certified for an appropriate unit, the 
employer shall not meet and negotiate or meet and confer with 
any employee or group of employees who are in that unit except 
through the exclusive representative.  This subdivision does not 
prevent communication to the employer, other than through the 
exclusive representative, of advice or recommendations by 
professional employees, if this communication is a part of the 
employee's work assignment.  
    Subd. 5.  [ARBITRATORS PAY AND HIRING.] An employer may 
hire and pay for arbitrators desired or required by sections 
179A.01 to 179A.25.  
    Subd. 6.  [TIME OFF.] A public employer must afford 
reasonable time off to elected officers or appointed 
representatives of the exclusive representative to conduct the 
duties of the exclusive representative and must, upon request, 
provide for leaves of absence to elected or appointed officials 
of the exclusive representative.  
    Sec. 9.  [179A.08] [POLICY CONSULTANTS.] 
    Subdivision 1.  [PROFESSIONAL EMPLOYEES.] The legislature 
recognizes that professional employees possess knowledge, 
expertise, and dedication which is helpful and necessary to the 
operation and quality of public services and which may assist 
public employers in developing their policies.  It is, 
therefore, the policy of this state to encourage close 
cooperation between public employers and professional employees 
by providing for discussions and the mutual exchange of ideas 
regarding all matters that are not terms and conditions of 
employment.  
    Subd. 2.  [MEET AND CONFER.] The professional employees 
shall select a representative to meet and confer with a 
representative or committee of the public employer on matters 
not specified under section 179A.03, subdivision 19, relating to 
the services being provided to the public.  The public employer 
shall provide the facilities and set the time for these 
conferences to take place.  The parties shall meet at least once 
every four months.  
    Sec. 10.  [179A.09] [UNIT DETERMINATION.] 
    Subdivision 1.  [CRITERIA.] In determining the appropriate 
unit, the director shall consider the principles and the 
coverage of uniform comprehensive position classification and 
compensation plans of the employees, professions and skilled 
crafts, and other occupational classifications, relevant 
administrative and supervisory levels of authority, geographical 
location, history, extent of organization, the recommendation of 
the parties, and other relevant factors.  The director shall 
place particular importance upon the history and extent of 
organization, and the desires of the petitioning employee 
representatives.  
    Subd. 2.  [PROHIBITIONS.] The director shall not designate 
an appropriate unit which includes essential employees with 
other employees.  
    Sec. 11.  [179A.10] [STATE UNITS.] 
    Subdivision 1.  [EXCLUSIONS.] The commissioner of employee 
relations shall meet and negotiate with the exclusive 
representative of each of the units specified in this section. 
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 employee relations in accordance with 
section 43A.18, subdivision 3, and so designated in the official 
state compensation schedules;  
    (2) unclassified positions in the state university system 
and the community college system defined as managerial by their 
respective boards;  
    (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 of mediation services and the 
public employment relations board;  
    (6) positions of employees whose classification is pilot or 
chief pilot;  
    (7) hearing examiner 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.  
    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 12 and 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 college instructional unit;  
    (11) state university administrative unit;  
    (12) professional engineering unit;  
    (13) health treatment unit;  
    (14) general professional unit;  
    (15) professional state residential instructional unit; and 
    (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 director.  The 
director may only make changes in the schedule in existence on 
the day prior to the effective date of this section as required 
by law or as provided in subdivision 4.  
    Subd. 3.  [STATE EMPLOYEE SEVERANCE.] Each of the following 
groups of employees has the right, as specified in this 
subdivision, to separate from the general professional, health 
treatment, or general supervisory units provided for in 
subdivision 1:  attorneys, physicians, professional employees of 
the higher education coordinating board who are compensated 
pursuant to section 43A.18, subdivision 4, state 
patrol-supervisors, and criminal apprehension 
investigative-supervisors.  This right shall be exercised by 
petition during the 60-day period commencing 270 days prior to 
the termination of a contract covering the units.  If one of 
these groups of employees exercises the right to separate from 
the units they shall have no right to meet and negotiate, but 
shall retain the right to meet and confer with the commissioner 
of employee relations and with the appropriate appointing 
authority on any matter of concern to them.  The manner of 
exercise of the right to separate shall be as follows:  An 
employee organization or group of employees claiming that a 
majority of any one of these groups of employees on a state-wide 
basis wish to separate from their units may petition the 
director for an election during the petitioning period.  If the 
petition is supported by a showing of at least 30 percent 
support for the petitioner from the employees, the director 
shall hold an election to ascertain the wishes of the majority 
with respect to the issue of remaining within or severing from 
the units provided in subdivision 1.  This election shall be 
conducted within 30 days of the close of the petition period. If 
a majority of votes cast endorse severance from the unit in 
favor of separate meet and confer status for any one of these 
groups of employees, the director shall certify that result. 
This election shall, where not inconsistent with other 
provisions of this section, be governed by section 179A.16.  If 
a group of employees elects to sever they may rejoin that unit 
by following the same procedures specified above for severance, 
but may only do so during the periods provided for severance.  
    Subd. 4.  [OTHER ASSIGNMENTS.] The director shall assign 
state employee classifications, University of Minnesota employee 
classifications, and supervisory positions to the appropriate 
units when the classifications or positions have not been 
assigned under subdivision 2 or section 179A.11 or have been 
significantly modified in occupational content subsequent to 
assignment under these sections.  The assignment of the classes 
shall be made on the basis of the community of interest of the 
majority of employees in these classes with the employees within 
the statutory units.  All the employees in a class, excluding 
supervisory and confidential employees, shall be assigned to a 
single appropriate unit.  
    Sec. 12.  [179A.11] [UNIVERSITY OF MINNESOTA.] 
    Subdivision 1.  [UNITS.] The following are the appropriate 
units of University of Minnesota employees.  All units shall 
exclude managerial and confidential employees.  Supervisory 
employees shall only be assigned to unit 12.  No additional 
units of University of Minnesota employees shall be recognized 
for the purpose of meeting and negotiating.  
    (1) The law enforcement unit consists of the positions of 
all employees with the power of arrest.  
    (2) The craft and trades unit consists of the positions of 
all employees whose work requires specialized manual skills and 
knowledge acquired through formal training or apprenticeship or 
equivalent on-the-job training or experience.  
    (3) The service, maintenance, and labor unit consists of 
the positions of all employees whose work is typically that of 
maintenance, service, or labor and which does not require 
extensive previous training or experience, except as provided in 
unit 4.  
    (4) The health care nonprofessional and service unit 
consists of the positions of all nonprofessional employees of 
the University of Minnesota hospitals, dental school, and health 
service whose work is unique to those settings, excluding labor 
and maintenance employees as defined in unit 3.  
    (5) The nursing professional unit consists of all positions 
which are required to be filled by registered nurses.  
    (6) The clerical and office unit consists of the positions 
of all employees whose work is typically clerical or 
secretarial, including nontechnical data recording and retrieval 
and general office work, except as provided in unit 4.  
    (7) The technical unit consists of the positions of all 
employees whose work is not typically manual and which requires 
specialized knowledge or skills acquired through two-year 
academic programs or equivalent experience or on-the-job 
training, except as provided in unit 4.  
    (8) The Twin Cities instructional unit consists of the 
positions of all instructional employees with the rank of 
professor, associate professor, assistant professor, including 
research associate or instructor, including research fellow, 
located on the Twin Cities campuses.  
    (9) The outstate instructional unit consists of the 
positions of all instructional employees with the rank of 
professor, associate professor, assistant professor, including 
research associate or instructor, including research fellow, 
located at the Duluth campus, provided that the positions of 
instructional employees of the same ranks at the Morris, 
Crookston, or Waseca campuses shall be included within this unit 
if a majority of the eligible employees voting at a campus so 
vote during an election conducted by the director, provided that 
the election shall not be held until the Duluth campus has voted 
in favor of representation.  The election shall be held when an 
employee organization or group of employees petitions the 
director stating that a majority of the eligible employees at 
one of these campuses wishes to join the unit and this petition 
is supported by a showing of at least 30 percent support from 
eligible employees at that campus and is filed between September 
1 and November 1.  
    Should both units 8 and 9 elect exclusive bargaining 
representatives, those representatives may by mutual agreement 
jointly negotiate a contract with the regents, or may negotiate 
separate contracts with the regents.  If the exclusive 
bargaining representatives jointly negotiate a contract with the 
regents, the contract shall be ratified by each unit.  
    (10) The graduate assistant unit consists of the positions 
of all graduate assistants who are enrolled in the graduate 
school and who hold the rank of research assistant, teaching 
assistant, teaching associate I or II, project assistant, or 
administrative fellow I or II.  
    (11) The noninstructional professional unit consists of the 
positions of all employees meeting the requirements of section 
179A.03, subdivision 14, clause (a) or (b), which are not 
defined as included within the instructional unit.  
    (12) The supervisory employees unit consists of the 
positions of all supervisory employees.  
    Subd. 2.  [UNIVERSITY OF MINNESOTA EMPLOYEE SEVERANCE.] 
Each of the following groups of University of Minnesota 
employees shall have the right, as specified in this 
subdivision, to separate from the instructional and supervisory 
units:  (1) health sciences instructional employees at all 
campuses with the rank of professor, associate professor, 
assistant professor, including research associate, or 
instructor, including research fellow, (2) instructional 
employees of the law school with the rank of professor, 
associate professor, assistant professor, including research 
associate, or instructor, including research fellow, (3) 
instructional supervisors, and (4) noninstructional professional 
supervisors.  This right shall be exercised by petition between 
September 1 and November 1.  If a group separates from its unit, 
it has no right to meet and negotiate, but retains the right to 
meet and confer with the appropriate officials on any matter of 
concern to them.  The right to separate shall be exercised as 
follows:  An employee organization or group of employees 
claiming that a majority of any one of these groups of employees 
on a statewide basis wish to separate from their unit may 
petition the director for an election during the petitioning 
period.  If the petition is supported by a showing of at least 
30 percent support from the employees, the director shall hold 
an election on the separation issue.  This election shall be 
conducted within 30 days of the close of the petition period. If 
a majority of votes cast endorse severance from their unit, the 
director shall certify that result.  This election shall, where 
not inconsistent with other provisions of this section, be 
governed by section 179A.12.  If a group of employees severs, 
they may rejoin that unit by following the procedures for 
severance during the periods for severance.  
    Sec. 13.  [179A.12] [EXCLUSIVE REPRESENTATION; ELECTIONS; 
DECERTIFICATION.] 
    Subdivision 1.  [CERTIFICATION CONTINUED.] Any employee 
organization holding formal recognition by order of the director 
or by employer voluntary recognition on the effective date of 
Extra Session Laws 1971, chapter 33, under any law that is 
repealed by Extra Session Laws 1971, chapter 33, is certified as 
the exclusive representative until it is decertified or another 
representative is certified in its place.  
    Any teacher organization as defined by section 125.20, 
subdivision 3, which on the effective date of Extra Session Laws 
1971, chapter 33, has a majority of its members on a teacher's 
council in a school district as provided in section 125.22 is 
certified as the exclusive representative of all teachers of 
that school district until the organization is decertified or 
another organization is certified in its place.  
    Subd. 2.  [CERTIFICATION UPON JOINT REQUEST.] The director 
may certify an employee organization as an exclusive 
representative in an appropriate unit upon the joint request of 
the employer and the organization if, after investigation, the 
director finds that no unfair labor practice was committed in 
initiating and submitting the joint request and that the 
employee organization represents over 50 percent of the 
employees in the appropriate unit.  This subdivision does not 
reduce the time period or nullify any bar to the employee 
organization's certification existing at the time of the filing 
of the joint request.  
    Subd. 3.  [OBTAINING ELECTIONS.] Any employee organization 
may obtain a certification election upon petition to the 
director stating that at least 30 percent of the employees of a 
proposed employee unit wish to be represented by the 
petitioner.  Any employee organization may obtain a 
representation election upon petition to the director stating 
that the currently certified representative no longer represents 
the majority of employees in an established unit and that at 
least 30 percent of the employees in the established unit wish 
to be represented by the petitioner rather than by the currently 
certified representative.  An individual employee or group of 
employees in a unit may obtain a decertification election upon 
petition to the director stating the certified representative no 
longer represents the majority of the employees in an 
established unit and that at least 30 percent of the employees 
wish to be unrepresented.  
    Subd. 4.  [STATE UNIT ELECTIONS.] The director shall not 
consider a petition for a decertification election during the 
term of a contract covering employees of the executive branch of 
the state of Minnesota except for a period for not more than 270 
to not less than 210 days before its date of termination.  
    Subd. 5.  [DIRECTOR TO INVESTIGATE.] The director shall, 
upon receipt of an employee organization's petition to the 
director under subdivision 3, investigate to determine if 
sufficient evidence of a question of representation exists and 
hold hearings necessary to determine the appropriate unit and 
other matters necessary to determine the representation rights 
of the affected employees and employer.  
    Subd. 6.  [AUTHORIZATION SIGNATURES.] In determining the 
numerical status of an employee organization for purposes of 
this section, the director shall require dated representation 
authorization signatures of affected employees as verification 
of the statements contained in the joint request or petitions. 
These authorization signatures shall be privileged and 
confidential information available to the director only.  
    Subd. 7.  [ELECTION ORDER.] The director shall issue an 
order providing for a secret ballot election by the employees in 
a designated appropriate unit.  The election shall be held in 
the premises where those voting are employed unless the director 
determines that the election cannot be fairly held, in which 
case it shall be held at a place determined by the director.  
    Subd. 8.  [BALLOT.] The ballot in a certification election 
may contain as many names of representative candidates as have 
demonstrated that 30 percent of the employees in the unit desire 
them as their exclusive representative.  The ballots shall 
contain a space for employees to indicate that no representation 
is desired.  The director shall provide and count absentee 
ballots in all elections.  
    Subd. 9.  [RUN-OFF ELECTION.] If no choice on the ballot 
receives a majority of those votes cast in the unit, the 
director shall conduct a run-off election between the two 
choices receiving the most votes.  
    Subd. 10.  [CERTIFICATION.] Upon a representative candidate 
receiving a majority of those votes cast in an appropriate unit, 
the director shall certify that candidate as the exclusive 
representative of all employees in the unit.  
    Subd. 11.  [UNFAIR LABOR PRACTICES.] If the director finds 
that an unfair labor practice was committed by an employer or 
representative candidate or an employee or group of employees, 
and that the unfair labor practice affected the result of an 
election, the director may void the election result and order a 
new election.  
    Subd. 12.  [BAR TO RECONSIDERATION.] When the director 
certifies an exclusive representative, he shall not consider the 
question again for a period of one year, unless the exclusive 
representative is decertified by a court of competent 
jurisdiction, or by the director.  
    Sec. 14.  [179A.13] [UNFAIR LABOR PRACTICES.] 
    Subdivision 1.  [ACTIONS.] 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.  
    Subd. 2.  [EMPLOYERS.] 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 he has signed or filed an affidavit, petition, 
or complaint or given any 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 any blacklist of 
individuals exercising any 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 director 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 director or the board; or 
    (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.  In the executive branch of state 
government, this clause shall not be considered contrary to the 
budgetary requirements of sections 16A.10 and 16A.11.  
    Subd. 3.  [EMPLOYEES.] 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 director 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:  
    (a) force or require any public employer to cease dealing 
or doing business with any other person or;  
    (b) force or require a public employer to recognize for 
representation purposes an employee organization not certified 
by the director;  
    (c) refuse to handle goods or perform services;  
    (d) preventing 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 director or the board.  
    Sec. 15.  [179A.14] [NEGOTIATION PROCEDURES.] 
    Subdivision 1.  [INITIATION OF NEGOTIATION.] When employees 
or their representatives desire to meet and negotiate an 
agreement establishing terms and conditions of employment, they 
shall give written notice to the employer and the director.  The 
employer has ten days from receipt of the notice to object or 
refuse to recognize the employees' representative or the 
employees as an appropriate unit.  If the employer does not 
object within ten days, the employer must recognize the employee 
representative for purposes of reaching agreement on terms and 
conditions of employment for the represented employees.  If the 
employer does object, the employer or employees' representative 
may petition the director to take jurisdiction of the matter and 
the director shall investigate the petition.  
    Subd. 2.  [JOINT NEGOTIATIONS.] Public employers and 
exclusive representatives of employees may voluntarily 
participate in joint negotiations in similar or identical 
appropriate units.  It is the policy of sections 179A.01 to 
179A.25 to encourage areawide negotiations, and the director 
shall encourage it when possible.  
    Subd. 3.  [PUBLIC MEETINGS.] All negotiations, mediation 
sessions, and hearings between public employers and public 
employees or their respective representatives are public 
meetings except when otherwise provided by the director.  
    Sec. 16.  [179A.15] [MEDIATION.] 
    Once notice has been given under section 179A.14, the 
employer or the exclusive representative may petition the 
director for mediation services.  
    A petition by an employer shall be signed by the employer 
or an authorized officer or agent.  A petition by an exclusive 
representative shall be signed by its authorized officer.  All 
petitions shall be delivered to the director in person or sent 
by certified mail.  The petition shall state briefly the nature 
of the disagreement of the parties.  Upon receipt of a petition, 
the director shall fix a time and place for a conference with 
the parties to negotiate the issues not agreed upon, and shall 
then take the most expedient steps to bring about a settlement, 
including assisting in negotiating and drafting an agreement.  
    The director may, at the request of a party to a labor 
dispute, assist in settling the dispute even if no petition has 
been filed.  In these cases, the director shall proceed as if a 
petition had been filed.  
    The director shall not furnish mediation services to any 
employee or employee representative who is not certified as an 
exclusive representative.  
    All parties shall respond to the summons of the director 
for conferences and shall continue in conference until excused 
by the director.  However, for other than essential employees, 
mediation conferences following:  
    (1) the expiration date of a collective bargaining 
agreement, or 
    (2) in the case of teachers, mediation over a period of 60 
days after the expiration date of a collective bargaining 
agreement shall continue only for durations agreeable to both 
parties.  
    Sec. 17.  [179A.16] [INTEREST ARBITRATION.] 
    Subdivision 1.  [NONESSENTIAL EMPLOYEES.] An exclusive 
representative or an employer may petition the director for 
interest arbitration.  For all public employees except those 
specified in subdivision 2, the director shall certify a matter 
to the board for binding interest arbitration if:  
    (a) the director has determined that further mediation 
would serve no purpose and has certified an impasse, or impasse 
has occurred because the exclusive representative and the 
employer have participated in mediation for the period required 
in section 179A.18, subdivisions 1 and 2, and the collective 
bargaining agreement has expired; and 
    (b) within 15 days of a request by one party for binding 
arbitration the other party has accepted the request.  A request 
for arbitration is rejected if the other party has not responded 
within 15 days of the request.  
    Subd. 2.  [ESSENTIAL EMPLOYEES.] For essential employees 
the director shall only certify a matter to the board for 
binding arbitration if either or both parties petition for 
binding arbitration stating that an impasse has been reached, 
and the director has determined that further mediation would 
serve no purpose.  
    Subd. 3.  [PROCEDURE.] Within 15 days from the time the 
director certifies a matter to the board for binding arbitration 
the parties shall submit their final positions on matters not 
agreed upon.  The director shall determine the matters not 
agreed upon based on the positions submitted by the parties and 
the director's efforts to mediate the dispute.  The parties may 
stipulate items to be excluded from arbitration.  
    Subd. 4.  [CONSTRUCTION OF ARBITRATION PANEL.] The board 
shall provide the parties to the interest arbitration a list of 
seven arbitrators.  In submitting names of arbitrators to the 
parties, the board shall try to include names of persons from 
the geographical area in which the public employer is located. 
The parties shall, under the direction of the chairman of the 
board, alternately strike names from the list of arbitrators 
until only three names remain, or if requested by either party, 
until only a single arbitrator remains.  If the parties are 
unable to agree on who shall strike the first name, the question 
shall be decided by the flip of a coin.  The arbitrator or 
arbitrators remaining after the striking procedure constitute 
the arbitration panel.  
    Subd. 5.  [JURISDICTION OF THE PANEL.] The arbitration 
panel selected by the parties has jurisdiction over the items of 
dispute certified to and submitted by the board.  However, the 
panel has no jurisdiction or authority to entertain any matter 
or issue that is not a term and condition of employment, unless 
the matter or issue was included in the employer's final 
position.  Any order or part of an order issued by a panel which 
determines a matter or issue which is not a term or condition of 
employment and was not included in the employer's final position 
is void and of no effect.  A decision of the panel which 
violates, is in conflict with, or causes a penalty to be 
incurred under:  (1) the laws of Minnesota; or (2) rules 
promulgated under law, or municipal charters, ordinances, or 
resolutions, provided that the rules, charters, ordinances, and 
resolutions are consistent with this chapter, has no force or 
effect and shall be returned to the arbitrator to make it 
consistent with the laws, rules, charters, ordinances, or 
resolutions.  
    Subd. 6.  [POWERS OF THE PANEL.] The arbitration panel may 
issue subpoenas requiring the attendance and testimony of 
witnesses and the production of evidence which relates to any 
matter involved in any dispute before it.  The panel may 
administer oaths and affidavits and may examine witnesses. 
Attendance of witnesses and the production of evidence may be 
required from any place in the state at any hearing.  However, 
the panel's meeting shall be held in the county where the 
principal administrative offices of the employer are located, 
unless another location is selected by agreement of the 
parties.  In case of refusal to obey a subpoena issued under 
this section, the district court of the state for the county 
where the proceeding is pending or where the person who refuses 
to obey is found, or resides, or transacts business shall, on 
application of the panel, have jurisdiction to issue an order 
requiring the person to appear before the panel, to produce 
evidence, or to give testimony.  Failure to obey the order may 
be punished by the court as a contempt.  
    Subd. 7.  [DECISION BY THE PANEL.] The panel's order shall 
be issued by a majority vote of its members.  The order shall 
resolve the issues in dispute between the parties as submitted 
by the board.  If the parties agree in writing, the panel shall 
be restricted to selecting between the final offers of the 
parties on each impasse item, or the final offer of one or the 
other parties in its entirety.  In considering a dispute and 
issuing its order, the panel shall consider the statutory rights 
and obligations of public employers to efficiently manage and 
conduct their operations within the legal limitations 
surrounding the financing of these operations.  The panel's 
decision and order shall be final and binding on all parties.  
    The panel shall render its order within ten days from the 
date that all arbitration proceedings have concluded.  However, 
the panel must issue its order by the last date the employer is 
required by statute, charter, ordinance, or resolution to submit 
its tax levy or budget or certify its taxes voted to the 
appropriate public officer, agency, public body or office, or by 
November 1, whichever date is earlier.  The panel's order shall 
be for the period stated in the order, except that orders 
determining contracts for teacher units shall be effective to 
the end of the contract period determined by section 179A.20.  
    The panel shall send its decision and orders to the board, 
the director, the appropriate representative of the public 
employer, and the employees.  If any issues submitted to 
arbitration are settled voluntarily before the arbitrator issues 
a decision, the arbitrator shall report the settlement to the 
board and the director.  
    The parties may at any time prior to or after issuance of 
an order of the arbitration panel, agree upon terms and 
conditions of employment regardless of the terms and conditions 
of employment determined by the order.  The parties shall, if so 
agreeing, execute a written contract or memorandum of contract.  
    Subd. 8.  [PAYMENT OF THE PANEL.] The members of the panel 
shall be paid actual and necessary traveling and other expenses 
incurred in the performance of their duties plus an allowance of 
$180 for each day or part of a day spent considering a dispute. 
All costs of the panel shall be shared equally by the parties to 
the dispute.  
    Sec. 18.  [179A.17] [NEW EXCLUSIVE REPRESENTATIVES.] 
    Subdivision 1.  [FOR TEACHERS.] If a new or different 
exclusive representative of teachers employed by a local school 
district is certified by the director at any time other than the 
period between 120 days before the termination date of a 
contract and the termination date of the contract, or if on July 
1 of any odd-numbered year a representation proceeding involving 
the employer and the employer's teachers is before the director, 
section 179A.18, subdivision 2, clause (1), shall apply.  In 
those cases, however, the employer and the exclusive 
representative of the teachers shall execute a written contract 
or memorandum of contract no later than 60 days after a 
certification by the director of a new or different exclusive 
representative or the resolution by the director of a 
representation proceeding.  Either party may petition the 
director of mediation services for assistance in reaching an 
agreement.  If the employer and the exclusive representative of 
the teachers fail to execute a contract by 60 days after the 
certification of a new or different exclusive representative or 
the resolution by the director of a representation proceeding, 
they shall be conclusively presumed to be at an impasse after 
having participated in mediation sessions over a period of no 
less than 60 days.  
    Subd. 2.  [NONTEACHERS.] If a new or different exclusive 
representative of employees other than teachers employed by a 
local school district is certified by the director, or if on the 
expiration date of an existing contract a representation 
proceeding is before the director, section 179A.18, subdivision 
1, clause (1), shall apply.  In those cases, however, the 
employer and the exclusive representative of the employees shall 
execute a written contract or memorandum of contract no later 
than 45 days after a certification by the director of a new or 
different exclusive representative or the resolution by the 
director of a representation proceeding. Either party may 
petition the director of mediation services for assistance in 
reaching an agreement.  If the employer and the exclusive 
representative fail to execute a contract by 45 days after the 
certification of a new or different exclusive representative or 
the resolution by the director of a representation proceeding, 
they shall be conclusively presumed to be at an impasse after 
having participated for a period of no less than 45 days in 
mediation sessions.  
    Sec. 19.  [179A.18] [STRIKES AUTHORIZED.] 
    Subdivision 1.  [WHEN AUTHORIZED.] Confidential, essential, 
and managerial 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, shall govern negotiations pursuant to 
that section.  For the purposes of this subclause the mediation 
period commences on the day following receipt by the director 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 commission on employee relations has 
not given approval during a legislative interim to a negotiated 
agreement or arbitration award under section 179A.22, 
subdivision 4, within 30 days after its receipt; or 
    (b) The entire legislature rejects or fails to ratify a 
negotiated agreement or arbitration award, which has been 
approved during a legislative interim by the legislative 
commission on employee relations, at a special legislative 
session called to consider it, or at its next regular 
legislative session, whichever occurs first.  
    Subd. 2.  [SCHOOL DISTRICT REQUIREMENTS.] Except as 
otherwise provided by section 179A.17, subdivision 1, teachers 
employed by a local school district, other than principals and 
assistant principals, 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 1, has occurred; and 
    (b) the exclusive representative and the employer have 
participated in mediation over a period of at least 60 days, 30 
days of which have occurred after the expiration date of the 
collective bargaining agreement, provided that the mediation 
period established by section 179A.17, subdivision 1, shall 
govern negotiations pursuant to that section.  For the purposes 
of this subclause the mediation period commences on the day 
following receipt by the director of a request for mediation; 
and 
    (c) a request for binding interest arbitration has been 
rejected; or 
    (2) 45 days after impasse under section 179A.16, 
subdivision 1, neither party has requested interest arbitration; 
or 
    (3) the employer violates section 179A.13, subdivision 2, 
clause (9).  
    Subd. 3.  [NOTICE.] In addition to the other requirements 
of this section, no employee may strike unless written 
notification of intent to strike is served on the employer and 
the director by the exclusive representative at least ten days 
prior to the commencement of the strike.  If more than 30 days 
have expired after service of a notification of intent to 
strike, no strike may commence until ten days after service of a 
new written notification.  Notification of intent to strike 
under subdivisions 1, clause (1); and 2, clause (1), may not be 
served until the collective bargaining agreement has expired, or 
if there is no agreement, on or after the date impasse under 
section 179A.17 has occurred.  Notification of intent to strike 
under subdivision 2, clause (2), may not be served before the 
45th day following an impasse under section 179A.16, subdivision 
1.  
    Sec. 20.  [179A.19] [ILLEGAL STRIKES.] 
    Subdivision 1.  [OTHER STRIKES ILLEGAL.] Except as 
authorized by section 179A.18, all strikes by public employees 
are illegal.  Except as provided in this section, no unfair 
labor practice or violation of sections 179A.01 to 179A.25 by a 
public employer gives public employees a right to strike.  Those 
factors may be considered, however, by the court in mitigation 
of or retraction of any penalties provided by this section.  
    Subd. 2.  [INDIVIDUAL PENALTIES.] Notwithstanding any other 
law, public employees who strike in violation of this section 
may have their appointment or employment terminated by the 
employer effective the date the violation first occurs.  The 
termination shall be made by serving written notice upon the 
employee.  Service may be made by certified mail.  
    Subd. 3.  [PRESUMPTION OF STRIKE.] For purposes of this 
section, an employee who is absent from any portion of a work 
assignment without permission, or who abstains wholly or in part 
from the full performance of duties without permission from the 
employer on a day when a strike not authorized by this section 
occurs is prima facie presumed to have engaged in an illegal 
strike on that day.  
    Subd. 4.  [REAPPOINTMENT.] A public employee who knowingly 
participates in a strike in violation of this section and whose 
employment has been terminated under this section may 
subsequently be appointed or reappointed, employed or 
reemployed, but the employee shall be on probation for two years 
with respect to the civil service status, tenure of employment, 
or contract of employment to which he or she was previously 
entitled.  
    Subd. 5.  [COMPENSATION.] No employee is entitled to any 
daily pay, wages, reimbursement of expenses, or per diem for the 
days on which he or she engaged in a strike.  
    Subd. 6.  [HEARINGS.] Any public employee is entitled to 
request the opportunity to establish that he or she did not 
violate this section.  The request shall be filed in writing 
with the officer or body having the power to remove the 
employee, within ten days after notice of termination is served 
upon the employee.  The employing officer or body shall within 
ten days commence a proceeding at which the employee shall be 
entitled to be heard for the purpose of determining whether the 
provisions of this section have been violated by the public 
employee.  If there are contractual grievance procedures, laws 
or rules establishing proceedings to remove the public employee, 
the hearing shall be conducted in accordance with whichever 
procedure the employee elects.  The election shall be binding 
and shall terminate any right to the alternative procedures. The 
same proceeding may include more than one employee's employment 
status if the employees' defenses are identical, analogous, or 
reasonably similar.  The proceedings shall be undertaken without 
unnecessary delay.  
    Any person whose termination is sustained in the 
administrative or grievance proceeding may appeal in accordance 
with chapter 14.  
    Subd. 7.  [EMPLOYEE ORGANIZATION PENALTIES.] An employee 
organization which has been found pursuant to section 179A.13 to 
have violated this section:  (1) shall lose its status, if any, 
as exclusive representative; and (2) may not be so certified by 
the director for a period of two years following the finding. No 
employer may deduct employee payments to any such organization 
for a period of two years.  
    Sec. 21.  [179A.20] [CONTRACTS.] 
    Subdivision 1.  [WRITTEN CONTRACT.] The exclusive 
representative and the employer shall execute a written contract 
or memorandum of contract containing the terms of the negotiated 
agreement or interest arbitration award and any terms 
established by law.  
    Subd. 2.  [NO CONTRACT PROVISIONS CONTRARY TO LAW.] No 
provision of a contract shall be in conflict with:  
    (1) the laws of Minnesota; or 
    (2) rules promulgated under law, or municipal charters, 
ordinances, or resolutions, provided that the rules, charters, 
ordinances, and resolutions are consistent with this chapter.  
    Subd. 3.  [DURATION.] The duration of the contract is 
negotiable but shall not exceed three years.  Any contract 
between a school board and an exclusive representative of 
teachers shall be for a term of two years, beginning on July 1 
of each odd-numbered year.  A contract between a school board 
and an exclusive representative of teachers shall contain the 
teachers' compensation including fringe benefits for the entire 
two-year term and shall not contain a wage reopening clause or 
any other provision for the renegotiation of the teachers' 
compensation.  
    Subd. 4.  [GRIEVANCE PROCEDURE.] All contracts shall 
include a grievance procedure which shall provide compulsory 
binding arbitration of grievances including all disciplinary 
actions.  If the parties cannot agree on the grievance 
procedure, they shall be subject to the grievance procedure 
promulgated by the director under section 179A.04, subdivision 
3, clause (h).  
    Employees covered by civil service systems created under 
chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter 
under chapter 410, or by Laws 1941, chapter 423, may pursue a 
grievance through the procedure established under this section. 
When the grievance is also within the jurisdiction of appeals 
boards or appeals procedures created by chapter 43A, 44, 375, 
387, 419, or 420, by a home rule charter under chapter 410, or 
by Laws 1941, chapter 423, the employee may proceed through the 
grievance procedure or the civil service appeals procedure, but 
once a written grievance or appeal has been properly filed or 
submitted by the employee or on the employee's behalf with his 
consent the employee may not proceed in the alternative manner.  
    This section does not require employers or employee 
organizations to negotiate on matters other than terms and 
conditions of employment.  
    Subd. 5.  [IMPLEMENTATION.] Upon execution of the contract, 
the employer shall implement it in the form of an ordinance or 
resolution.  If implementation of the contract requires adoption 
of a law, ordinance, or charter amendment, the employer shall 
make every reasonable effort to propose and secure the enactment 
of this law, ordinance, resolution, or charter amendment.  
    Subd. 6.  [CONTRACT IN EFFECT.] During the period after 
contract expiration and prior to the date when the right to 
strike matures, and for additional time if the parties agree, 
the terms of an existing contract shall continue in effect and 
shall be enforceable upon both parties.  
    Sec. 22.  [179A.21] [GRIEVANCE ARBITRATION.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"grievance" means a dispute or disagreement as to the 
interpretation or application of any term or terms of any 
contract required by section 179A.20.  
    Subd. 2.  [SELECTION.] If the parties to a contract cannot 
agree upon an arbitrator or arbitrators as provided by the 
contract grievance procedures or the procedures established by 
the director, the parties shall, under direction of the board, 
alternately strike names from a list of five arbitrators 
selected by the board until only one name remains. This 
arbitrator shall decide the grievance and the decision is 
binding upon the parties.  The parties shall share equally the 
costs and fees of the arbitrator.  
    Subd. 3.  [LIMITS.] Arbitration decisions authorized or 
required by a grievance procedure are subject to the limitations 
contained in section 179A.16, subdivision 5.  The arbitrator 
shall send the board and the director a copy of each grievance 
arbitration decision and any written explanation.  If any issues 
submitted to arbitration are settled voluntarily before the 
arbitrator issues a decision, the arbitrator shall report the 
settlement to the board and the director.  
    Sec. 23.  [179A.22] [STATE AND ITS EMPLOYEES; 
NEGOTIATIONS.] 
    Subdivision 1.  [APPOINTING AUTHORITY.] For purposes of 
this section the term "appointing authority" has the meaning 
given it by section 43A.02, subdivision 5.  
    Subd. 2.  [EMPLOYER.] The employer of state employees shall 
be, for purposes of sections 179A.01 to 179A.25, the 
commissioner of employee relations or the commissioner's 
representative.  
    Subd. 3.  [DUTIES.] In all negotiations between the state 
and exclusive representatives the state shall be represented by 
the commissioner of employee relations or his representative. 
The attorney general, and each appointing authority shall 
cooperate with the commissioner of employee relations in 
conducting negotiations and shall make available any personnel 
and other resources necessary to enable the commissioner to 
conduct effective negotiations.  
    Subd. 4.  [AGREEMENTS.] The commissioner of employee 
relations is authorized to enter into agreements with exclusive 
representatives.  The negotiated agreements and arbitration 
awards shall be submitted to the legislature to be accepted or 
rejected in accordance with this section and section 3.855.  
    If a proposed agreement or arbitration award is rejected or 
is not approved by the legislature prior to its adjournment in 
an odd-numbered year, the legislative commission on employee 
relations is authorized to give interim approval to a proposed 
agreement or arbitration award.  The proposed agreement or 
arbitration award shall be implemented upon its approval by the 
commission and state employees covered by the proposed agreement 
or arbitration award shall not have the right to strike while 
the interim approval is in effect.  The commission shall submit 
the agreement or arbitration award to the legislature for 
ratification at a special legislative session called to consider 
it or at its next regular legislative session.  Wages and 
economic fringe benefit increases provided for in the agreement 
or arbitration award which were paid pursuant to the interim 
approval by the commission shall not be affected but these wages 
and benefit increases shall cease to be paid or provided 
effective upon the rejection of the agreement or arbitration 
award or upon adjournment by the legislature without acting upon 
the agreement or arbitration award.  
    Sec. 24.  [179A.23] [LIMITATION ON CONTRACTING-OUT OF 
SERVICES PROVIDED BY MEMBERS OF A STATE OF MINNESOTA OR 
UNIVERSITY OF MINNESOTA BARGAINING UNIT.] 
    Any contract entered into after March 23, 1982, by the 
state of Minnesota or the University of Minnesota involving 
services, any part of which, in the absence of the contract, 
would be performed by members of a unit provided in sections 
179A.10 and 179A.11, shall be subject to section 16.07 and shall 
provide for the preferential employment by a party of members of 
that unit whose employment with the state of Minnesota or the 
University of Minnesota is terminated as a result of that 
contract.  
    Contracts entered into by the state of Minnesota for the 
purpose of providing court reporter services or transcription of 
the record of a hearing which was recorded by means of an audio 
magnetic recording device shall be subject to section 16.098 and 
the preferential employment provisions enumerated in this 
section.  Any court reporter seeking a contract pursuant to the 
preferential employment provisions of this section shall be 
given preference when the services are needed only if that court 
reporter's charges for the services requested are no greater 
than the average of the charges made for the identical services 
by other court reporters in the same locality who are also under 
contract with the state for those services.  
    Sec. 25.  [179A.24] [APPLICATION OF SECTIONS 185.07 TO 
185.19.] 
    Sections 185.07 to 185.19, apply to all public employees, 
including those specifically excepted from the definition of 
public employee in section 179A.03, subdivision 14, except as 
sections 185.07 to 185.19 are inconsistent with section 179A.13. 
    Sec. 26.  [179A.25] [INDEPENDENT REVIEW.] 
    It is the public policy of the state of Minnesota that 
every public employee should be provided with the right of 
independent review, by a disinterested person or agency, of any 
grievance arising out of the interpretation of or adherence to 
terms and conditions of employment.  When such review is not 
provided under statutory, charter, or ordinance provisions for a 
civil service or merit system, the governmental agency may 
provide for such review consistent with the provisions of law or 
charter.  If no other procedure exists for the independent 
review of such grievances, the employee may present his 
grievance to the public employment relations panel under 
procedures established by the board.  
    Sec. 27.  [REVISOR'S INSTRUCTION.] 
    In the next and subsequent editions of Minnesota Statutes, 
the revisor of statutes shall substitute the section reference 
"179A.01" for the section reference "179.61" and the reference 
"179A.25" for "179.76" in every place where the references 
"179.61" and "179.76" appear.  The revisor shall also, in the 
next and subsequent editions of Minnesota Statutes, in each 
section referred to in column A, strike the reference referred 
to in column B and insert the reference in column C.  If the 
revisor changes the coding for references in column C, he may 
change references in column C to the appropriate coding.  
Column A              Column B              Column C
3.855, Subd. 2        179.74, Subd. 5       179A.22, Subd. 4
10.39, Subd. 1        179.65                179A.06
15.62, Subd. 1        179.63                179A.03
43A.04, Subd. 5       179.74, Subd. 5       179A.22, Subd. 4
43A.05, Subd. 5       179.74, Subd. 5       179A.22, Subd. 4
43A.07, Subd. 2       179.741               179A.10
43A.08, Subd. 3       179.741               179A.10
43A.14                179.741               179A.10
43A.16, Subd. 1       179.741               179A.10
43A.18, Subd. 2       179.74, Subd. 5       179A.22, Subd. 4
121.506, Subd. 2      179.63, Subd. 13      179A.03, Subd. 18
121.506, Subd. 2      179.63, Subd. 14      179A.03, Subd. 12
121.507, Subd. 2      179.63, Subd. 13      179A.03, Subd. 18
125.032, Subd. 2      179.63, Subd. 13      179A.03, Subd. 18
125.12, Subd. 4       179.70, Subd. 2       179A.20, Subd. 5
125.12, Subd. 6a      179.72                179A.16
125.12, Subd. 14      179.63, Subd. 1       179A.03
125.12, Subd. 14      179.70, Subd. 1       179A.20, Subd. 4
125.12, Subd. 14      179.71, Subd. 5,      179A.04, Subd. 3,
                       clause (i)            clause (h)
125.17, Subd. 12      179.63, Subd. 1       179A.03
125.17, Subd. 12      179.70, Subd. 1       179A.20, Subd. 4
125.17, Subd. 12      179.71, Subd. 5,      179A.04, Subd. 3,
                       clause (i)            clause (h)
216A.035              179.63, Subd. 8       179A.03, Subd. 4
216A.035              179.741               179A.10
353.03, Subd. 1       179.63, Subd. 5       179A.03, Subd. 6
354.66, Subd. 7       179.63, Subd. 7       179A.03, Subd. 15
354A.094, Subd. 7     179.63, Subd. 17      179A.03, Subd. 7
354A.094, Subd. 7     179.63, Subd. 7,      179A.03, Subd. 15,
                       clauses (e) and (f)   clauses (e) and (f)
471.616, Subd. 1      179.67                179A.12
471.617, Subd. 4      179.67                179A.12
    Sec. 28.  [REPEALER.] 
    Minnesota Statutes 1982, sections 179.61; 179.62; 179.63, 
as amended by Laws 1983, chapters 216, article 2, section 4; 
322, section 1; and 364, sections 1 and 2; 179.64, as amended by 
Laws 1983, chapter 247, section 77; 179.65; 179.66, as amended 
by Laws 1983, chapter 364, section 3; 179.67; 179.68; 179.69; 
179.691; 179.692; 179.70, as amended by Laws 1983, chapter 216, 
article 1, section 33; 179.71, as amended by Laws 1983, chapter 
364, section 4; 179.72, as amended by Laws 1983, chapter 305, 
section 20; 179.73; 179.74; 179.741, as amended by Laws 1983, 
chapters 247, section 78; 287, article 1, sections 1 and 2; 299, 
sections 22 and 23; 179.7411, as amended by Laws 1983, chapter 
301, section 153; 179.742; 179.743; 179.75; and 179.76, are 
repealed. 
    Approved April 24, 1984

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