HF 2213

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to labor relations; ratifying certain labor 
  1.3             agreements; modifying certain salary provisions for 
  1.4             higher education officers; amending Minnesota Statutes 
  1.5             1994, sections 43A.17, subdivision 1; and 179A.03, 
  1.6             subdivision 4; Minnesota Statutes 1995 Supplement, 
  1.7             sections 15A.081, subdivision 7b; and 43A.18, 
  1.8             subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [RATIFICATIONS.] 
  1.11     Subdivision 1.  [COUNCIL 6.] The labor agreement between 
  1.12  the state of Minnesota and state bargaining units 2, 3, 4, 6, 7, 
  1.13  and 8 represented by the American Federation of State, County, 
  1.14  and Municipal Employees, Council 6, approved by the legislative 
  1.15  coordinating commission joint subcommittee on employee relations 
  1.16  on October 23, 1995, is ratified.  
  1.17     Subd. 2.  [ADMINISTRATIVE LAW JUDGES, OFFICE OF 
  1.18  ADMINISTRATIVE HEARINGS.] The compensation plan for 
  1.19  administrative law judges in the office of administrative 
  1.20  hearings, as modified and approved by the legislative 
  1.21  coordinating commission joint subcommittee on employee relations 
  1.22  on October 23, 1995, is ratified.  
  1.23     Subd. 3.  [SUPERVISORS.] The labor agreement between the 
  1.24  state of Minnesota and the middle management association, 
  1.25  approved by the legislative coordinating commission joint 
  1.26  subcommittee on employee relations on December 11, 1995, is 
  1.27  ratified.  
  2.1      Subd. 4.  [ENGINEERS.] The labor agreement between the 
  2.2   state of Minnesota and the Minnesota government engineers 
  2.3   council, approved by the legislative coordinating commission 
  2.4   joint subcommittee on employee relations on December 11, 1995, 
  2.5   is ratified.  
  2.6      Subd. 5.  [COMMUNITY COLLEGE FACULTY.] The labor agreement 
  2.7   between the state of Minnesota and the Minnesota community 
  2.8   college faculty association, approved by the legislative 
  2.9   coordinating commission joint subcommittee on employee relations 
  2.10  on December 11, 1995, is ratified.  
  2.11     Subd. 6.  [NURSES.] The labor agreement between the state 
  2.12  of Minnesota and the Minnesota nurses association, approved by 
  2.13  the legislative coordinating commission joint subcommittee on 
  2.14  employee relations on December 11, 1995, is ratified.  
  2.15     Subd. 7.  [HIGHER EDUCATION SERVICES OFFICE DIRECTOR.] The 
  2.16  proposed salary of the director of the higher education services 
  2.17  office, as modified and approved by the legislative coordinating 
  2.18  commission joint subcommittee on employee relations on December 
  2.19  11, 1995, is ratified. 
  2.20     Subd. 8.  [SPECIAL TEACHERS.] The labor agreement between 
  2.21  the state of Minnesota and the state residential schools 
  2.22  education association, approved by the legislative coordinating 
  2.23  commission joint subcommittee on employee relations on January 
  2.24  12, 1996, is ratified. 
  2.25     Subd. 9.  [LAW ENFORCEMENT.] The labor agreement between 
  2.26  the state of Minnesota and the Minnesota law enforcement 
  2.27  association, approved by the legislative coordinating commission 
  2.28  joint subcommittee on employee relations on January 12, 1996, is 
  2.29  ratified. 
  2.30     Subd. 10.  [STATE UNIVERSITY ADMINISTRATIVE AND SERVICE 
  2.31  FACULTY.] The labor agreement between the state of Minnesota and 
  2.32  the Minnesota state university association of administrative and 
  2.33  service faculty, approved by the legislative coordinating 
  2.34  commission joint subcommittee on employee relations on January 
  2.35  12, 1996, is ratified. 
  2.36     Subd. 11.  [PROFESSIONAL EMPLOYEES.] The labor agreement 
  3.1   between the state of Minnesota and the Minnesota association of 
  3.2   professional employees, approved by the legislative coordinating 
  3.3   commission joint subcommittee on employee relations on January 
  3.4   12, 1996, is ratified. 
  3.5      Subd. 12.  [MANAGERIAL PLAN.] The plan for managerial 
  3.6   employees, as amended and approved by the legislative 
  3.7   coordinating commission joint subcommittee on employee relations 
  3.8   on January 12, 1996, is ratified. 
  3.9      Subd. 13.  [UNREPRESENTED EMPLOYEES, HIGHER EDUCATION 
  3.10  SERVICES OFFICE.] The plan for unrepresented, unclassified 
  3.11  employees of the higher education services office, as approved 
  3.12  by the legislative coordinating commission joint subcommittee on 
  3.13  employee relations on January 12, 1996, is ratified. 
  3.14     Subd. 14.  [NONMANAGERIAL, UNREPRESENTED EMPLOYEES 
  3.15  COMPENSATION PLAN.] The plan for nonmanagerial, unrepresented 
  3.16  employees, as amended and approved by the legislative 
  3.17  coordinating commission joint subcommittee on employee relations 
  3.18  on January 12, 1996, is ratified.  
  3.19     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  3.20  15A.081, subdivision 7b, is amended to read: 
  3.21     Subd. 7b.  [HIGHER EDUCATION OFFICERS.] The board of 
  3.22  trustees of the Minnesota state colleges and universities, state 
  3.23  university board, the state board for community colleges, the 
  3.24  state board of technical colleges, and the higher education 
  3.25  services office council shall set the salary rates for, 
  3.26  respectively, the chancellor of the higher education system, the 
  3.27  chancellor of the state universities, the chancellor of the 
  3.28  community colleges, the chancellor of vocational technical 
  3.29  education, Minnesota state colleges and universities and 
  3.30  the executive director of the higher education services office.  
  3.31  The respective board or the council shall submit the proposed 
  3.32  salary increase change to the legislative coordinating 
  3.33  commission for approval, modification, or rejection in the 
  3.34  manner provided in section 3.855.  The salary rates rate for the 
  3.35  positions specified in this subdivision chancellor of the 
  3.36  Minnesota state colleges and universities may not exceed 95 
  4.1   percent of the salary of the governor under section 15A.082, 
  4.2   subdivision 3.  For purposes of this subdivision, the "salary 
  4.3   rate of the chancellor" does not include: 
  4.4      (1) employee benefits that are also provided for the 
  4.5   majority of all other full-time state employees, vacation and 
  4.6   sick leave allowances, health and dental insurance, disability 
  4.7   insurance, term life insurance, and pension benefits or like 
  4.8   benefits the cost of which is borne by the employee or which is 
  4.9   not subject to tax as income under the Internal Revenue Code of 
  4.10  1986; 
  4.11     (2) dues paid to organizations that are of a civic, 
  4.12  professional, educational, or governmental nature; 
  4.13     (3) reimbursement for actual expenses incurred by the 
  4.14  employee that the appointing authority determines to be directly 
  4.15  related to the performance of job responsibilities, including 
  4.16  any relocation expenses paid during the initial year of 
  4.17  employment; or 
  4.18     (4) a housing allowance that is comparable to housing 
  4.19  allowances provided to chancellors and university presidents in 
  4.20  similar higher education systems nationwide.  
  4.21     The salary of the director of the higher education services 
  4.22  office may not exceed the maximum of the salary range for the 
  4.23  commissioner of administration.  In deciding whether to 
  4.24  recommend a salary increase, the governing board or council 
  4.25  shall consider the performance of the chancellor or director, 
  4.26  including the chancellor's or director's progress toward 
  4.27  attaining affirmative action goals. 
  4.28     Sec. 3.  Minnesota Statutes 1994, section 43A.17, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [SALARY LIMITS.] As used in subdivisions 1 
  4.31  to 9, "salary" means hourly, monthly, or annual rate of pay 
  4.32  including any lump-sum payments and cost-of-living adjustment 
  4.33  increases but excluding payments due to overtime worked, shift 
  4.34  or equipment differentials, work out of class as required by 
  4.35  collective bargaining agreements or plans established under 
  4.36  section 43A.18, and back pay on reallocation or other payments 
  5.1   related to the hours or conditions under which work is performed 
  5.2   rather than to the salary range or rate to which a class is 
  5.3   assigned.  For presidents of state universities, "salary" does 
  5.4   not include a housing allowance provided through a compensation 
  5.5   plan approved under section 43A.18, subdivision 3a.  
  5.6      The salary, as established in section 15A.081, of the head 
  5.7   of a state agency in the executive branch is the upper limit of 
  5.8   compensation on the salaries of individual employees in the 
  5.9   agency.  The salary of the commissioner of labor and industry is 
  5.10  the upper limit of compensation salaries of employees in the 
  5.11  bureau of mediation services.  However, if an agency head is 
  5.12  assigned a salary that is lower than the current salary of 
  5.13  another agency employee, the employee retains the salary, but 
  5.14  may not receive an increase in salary as long as the salary is 
  5.15  above that of the agency head.  The commissioner may grant 
  5.16  exemptions from these upper limits as provided in subdivisions 3 
  5.17  and 4. 
  5.18     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  5.19  43A.18, subdivision 2, is amended to read: 
  5.20     Subd. 2.  [UNREPRESENTED NONMANAGERIAL EMPLOYEE 
  5.21  COMMISSIONER'S PLAN.] Except as provided in section 43A.01, the 
  5.22  compensation, terms and conditions of employment for all 
  5.23  classified and unclassified employees, except unclassified 
  5.24  employees in the legislative and judicial branches, who are not 
  5.25  covered by a collective bargaining agreement and not otherwise 
  5.26  provided for in chapter 43A or other law are governed solely by 
  5.27  a plan developed by the commissioner.  The legislative 
  5.28  coordinating commission shall review and approve, reject, or 
  5.29  modify the plan under section 3.855, subdivision 2.  The plan 
  5.30  need not be adopted in accordance with the rulemaking provisions 
  5.31  of chapter 14.  
  5.32     Sec. 5.  Minnesota Statutes 1994, section 179A.03, 
  5.33  subdivision 4, is amended to read: 
  5.34     Subd. 4.  [CONFIDENTIAL EMPLOYEE.] "Confidential employee" 
  5.35  means any an employee who as part of the employee's job duties:  
  5.36     (1) has access to labor relations information subject to 
  6.1   use by the public employer in meeting and negotiating as that 
  6.2   term is defined in section 13.37, subdivision 1, paragraph (c); 
  6.3   or 
  6.4      (2) actively participates in the meeting and negotiating on 
  6.5   behalf of the public employer.  
  6.6      However, for executive branch employees of the state or 
  6.7   employees of the regents of the University of Minnesota, 
  6.8   "confidential employee" means any employee who:  
  6.9      (a) has access to information subject to use by the public 
  6.10  employer in collective bargaining; or 
  6.11     (b) actively participates in collective bargaining on 
  6.12  behalf of the public employer. 
  6.13     Sec. 6.  [EFFECTIVE DATE.] 
  6.14     Sections 1 to 5 are effective the day following final 
  6.15  enactment.