1.1 	A bill for an act
1.2 	relating to employment; prohibiting a dues check off
1.3 	for employee exclusive representatives and employee
1.4 	organizations; amending Minnesota Statutes 2004,
1.5 	sections 179A.06, subdivision 3; 179A.07, by adding a
1.6 	subdivision; repealing Minnesota Statutes 2004,
1.7 	section 179A.06, subdivision 6.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 179A.06,
1.10 	subdivision 3, is amended to read:
1.11 		Subd. 3.Fair share fee.  An exclusive representative may
1.12 	require employees who are not members of the exclusive
1.13 	representative to contribute a fair share fee for services
1.14 	rendered by the exclusive representative.  The fair share fee
1.15 	must be equal to the regular membership dues of the exclusive
1.16 	representative, less the cost of benefits financed through the
1.17 	dues and available only to members of the exclusive
1.18 	representative.  In no event may the fair share fee exceed 85
1.19 	percent of the regular membership dues.  The exclusive
1.20 	representative shall provide advance written notice of the
1.21 	amount of the fair share fee to the employer and to unit
1.22 	employees who will be assessed the fee.  The employer shall
1.23 	provide the exclusive representative with a list of all unit
1.24 	employees.
1.25 	A challenge by an employee or by a person aggrieved by the
1.26 	fee must be filed in writing with the commissioner, the public
2.1 	employer, and the exclusive representative within 30 days after
2.2 	receipt of the written notice.  All challenges must specify
2.3 	those portions of the fee challenged and the reasons for the
2.4 	challenge.  The burden of proof relating to the amount of the
2.5 	fair share fee is on the exclusive representative.  The
2.6 	commissioner shall hear and decide all issues in these
2.7 	challenges.
2.8 	~~The employer shall deduct the fee from the earnings of the~~
2.9 	~~employee and transmit the fee to the exclusive representative 30~~
2.10 	~~days after the written notice was provided.  If a challenge is~~
2.11 	~~filed, the deductions for a fair share fee must be held in~~
2.12 	~~escrow by the employer pending a decision by the commissioner.~~

2.13 	Sec. 2. Minnesota Statutes 2004, section 179A.07, is
2.14 	amended by adding a subdivision to read:
2.15 		Subd. 8.Dues check off prohibition. A public employer
2.16 	shall not provide public employees a dues check off for the
2.17 	exclusive representative or, in the absence of an exclusive
2.18 	representative, for the organization of the employee's choice.

2.19 	Sec. 3. REPEALER.
 2.20 	Minnesota Statutes 2004, section 179A.06, subdivision 6, is
2.21 	repealed.