HF 3014

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/10/2014 08:53am

1.1A bill for an act

1.2relating to labor; creating the Public Employment Relations Board; authorizing
1.3rulemaking; appropriating money;amending Minnesota Statutes 2012, sections
1.4179A.03, subdivisions 14, 15, by adding a subdivision; 179A.04, subdivision 3;
1.5179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13;
1.6proposing coding for new law in Minnesota Statutes, chapter 179A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2012, section 179A.03, is amended by adding a
1.9subdivision to read:
1.10    Subd. 2a. Board. "Board" means the Public Employment Relations Board under
1.11section 179A.041.

1.12    Sec. 2. Minnesota Statutes 2012, section 179A.03, subdivision 14, is amended to read:
1.13    Subd. 14. Public employee or employee. (a) "Public employee" or "employee"
1.14means any person appointed or employed by a public employer except:
1.15(1) elected public officials;
1.16(2) election officers;
1.17(3) commissioned or enlisted personnel of the Minnesota National Guard;
1.18(4) emergency employees who are employed for emergency work caused by natural
1.19disaster;
1.20(5) part-time employees whose service does not exceed the lesser of 14 hours per
1.21week or 35 percent of the normal work week in the employee's appropriate unit;
1.22(6) employees whose positions are basically temporary or seasonal in character and:
1.23(i) are not for more than 67 working days in any calendar year; or (ii) are not for more
1.24than 100 working days in any calendar year and the employees are under the age of 22, are
2.1full-time students enrolled in a nonprofit or public educational institution prior to being
2.2hired by the employer, and have indicated, either in an application for employment or by
2.3being enrolled at an educational institution for the next academic year or term, an intention
2.4to continue as students during or after their temporary employment;
2.5(7) employees providing services for not more than two consecutive quarters to the
2.6Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
2.7professional or technical services contract as defined in section 16C.08, subdivision 1;
2.8(8) employees of charitable hospitals as defined by section 179.35, subdivision 3,
2.9except that employees of charitable hospitals as defined by section 179.35, subdivision 3,
2.10are public employees for purposes of sections 179A.051; 179A.052; and 179A.13;
2.11(9) full-time undergraduate students employed by the school which they attend
2.12under a work-study program or in connection with the receipt of financial aid, irrespective
2.13of number of hours of service per week;
2.14(10) an individual who is employed for less than 300 hours in a fiscal year as an
2.15instructor in an adult vocational education program;
2.16(11) an individual hired by the Board of Trustees of the Minnesota State Colleges
2.17and Universities to teach one course for three or fewer credits for one semester in a year;
2.18(12) with respect to court employees:
2.19(i) personal secretaries to judges;
2.20(ii) law clerks;
2.21(iii) managerial employees;
2.22(iv) confidential employees; and
2.23(v) supervisory employees;
2.24(13) with respect to employees of Hennepin Healthcare System, Inc., managerial,
2.25supervisory, and confidential employees.
2.26(b) The following individuals are public employees regardless of the exclusions of
2.27paragraph (a), clauses (5) and (6):
2.28(1) an employee hired by a school district or the Board of Trustees of the Minnesota
2.29State Colleges and Universities except at the university established in the Twin Cities
2.30metropolitan area under section 136F.10 or for community services or community
2.31education instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty
2.32member who is a public employee, where the replacement employee is employed more
2.33than 30 working days as a replacement for that teacher or faculty member; or (ii) to take a
2.34teaching position created due to increased enrollment, curriculum expansion, courses which
2.35are a part of the curriculum whether offered annually or not, or other appropriate reasons;
3.1(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that
3.2same position has already been filled under paragraph (a), clause (6), item (i), in the same
3.3calendar year and the cumulative number of days worked in that same position by all
3.4employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same
3.5position" includes a substantially equivalent position if it is not the same position solely
3.6due to a change in the classification or title of the position; and
3.7(3) an early childhood family education teacher employed by a school district.

3.8    Sec. 3. Minnesota Statutes 2012, section 179A.03, subdivision 15, is amended to read:
3.9    Subd. 15. Public employer or employer. (a) "Public employer" or "employer"
3.10means:
3.11(1) the state of Minnesota for employees of the state not otherwise provided for in
3.12this subdivision or section 179A.10 for executive branch employees;
3.13(2) the Board of Regents of the University of Minnesota for its employees;
3.14(3) the state court administrator for court employees;
3.15(4) the state Board of Public Defense for its employees;
3.16(5) Hennepin Healthcare System, Inc.; and
3.17(6) notwithstanding any other law to the contrary, the governing body of a political
3.18subdivision or its agency or instrumentality which has final budgetary approval authority
3.19for its employees. However, the views of elected appointing authorities who have
3.20standing to initiate interest arbitration, and who are responsible for the selection, direction,
3.21discipline, and discharge of individual employees shall be considered by the employer in
3.22the course of the discharge of rights and duties under sections 179A.01 to 179A.25.
3.23(b) When two or more units of government subject to sections 179A.01 to 179A.25
3.24undertake a project or form a new agency under law authorizing common or joint action,
3.25the employer is the governing person or board of the created agency. The governing
3.26official or body of the cooperating governmental units shall be bound by an agreement
3.27entered into by the created agency according to sections 179A.01 to 179A.25.
3.28(c) "Public employer" or "employer" does not include a "charitable hospital" as
3.29defined in section 179.35, subdivision 2, except that a charitable hospital as defined by
3.30section 179.35, subdivision 2, is a public employer for purposes of sections 179A.051;
3.31179A.052; and 179A.13.
3.32(d) Nothing in this subdivision diminishes the authority granted pursuant to law to
3.33an appointing authority with respect to the selection, direction, discipline, or discharge of
3.34an individual employee if this action is consistent with general procedures and standards
4.1relating to selection, direction, discipline, or discharge which are the subject of an
4.2agreement entered into under sections 179A.01 to 179A.25.

4.3    Sec. 4. Minnesota Statutes 2012, section 179A.04, subdivision 3, is amended to read:
4.4    Subd. 3. Other duties. (a) The commissioner shall:
4.5    (1) provide mediation services as requested by the parties until the parties reach
4.6agreement, and may continue to assist parties after they have submitted their final
4.7positions for interest arbitration;
4.8    (2) issue notices, subpoenas, and orders required by law to carry out duties under
4.9sections 179A.01 to 179A.25;
4.10    (3) assist the parties in formulating petitions, notices, and other papers required to be
4.11filed with the commissioner or the board;
4.12    (4) conduct elections;
4.13    (5) certify the final results of any election or other voting procedure conducted
4.14under sections 179A.01 to 179A.25;
4.15    (6) adopt rules relating to the administration of this chapter and the conduct of
4.16hearings and elections;
4.17    (7) receive, catalogue, file, and make available to the public all decisions of
4.18arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration
4.19decisions to the extent the decision is public under section 13.43, subdivision 2, paragraph
4.20(b), and the commissioner's orders and decisions;
4.21    (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
4.22section 179A.20, subdivision 4, that is available to any employee in a unit not covered by
4.23a contractual grievance procedure;
4.24    (9) maintain a schedule of state employee classifications or positions assigned to
4.25each unit established in section 179A.10, subdivision 2;
4.26    (10) collect fees established by rule for empanelment of persons on the labor
4.27arbitrator roster maintained by the commissioner or in conjunction with fair share fee
4.28challenges. Arbitrator application fees will be $100 per year for initial applications and
4.29renewals effective July 1, 2007;
4.30    (11) provide technical support and assistance to voluntary joint labor-management
4.31committees established for the purpose of improving relationships between exclusive
4.32representatives and employers, at the discretion of the commissioner;
4.33    (12) provide to the parties a list of arbitrators as required by section 179A.16,
4.34subdivision 4 ; and
5.1    (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
5.2representatives for the resolution of grievance or interest disputes. Each person on the
5.3list must be knowledgeable about collective bargaining and labor relations in the public
5.4sector, well versed in state and federal labor law, and experienced in and knowledgeable
5.5about labor arbitration. To the extent practicable, the commissioner shall appoint members
5.6to the list so that the list is gender and racially diverse; and
5.7    (14) upon request of the board, provide administrative support and other assistance
5.8to the board, including assistance in development and adoption of board rules.
5.9    (b) From the names provided by representative organizations, the commissioner
5.10shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
5.11according to section 122A.40 or 122A.41. The persons on the list must meet at least
5.12one of the following requirements:
5.13    (1) be a former or retired judge;
5.14    (2) be a qualified arbitrator on the list maintained by the bureau;
5.15    (3) be a present, former, or retired administrative law judge; or
5.16    (4) be a neutral individual who is learned in the law and admitted to practice in
5.17Minnesota, who is qualified by experience to conduct these hearings, and who is without
5.18bias to either party.
5.19Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota
5.20School Boards Association a list of up to 14 names of persons to be on the list. The
5.21commissioner may adopt rules about maintaining and updating the list.

5.22    Sec. 5. [179A.041] PUBLIC EMPLOYMENT RELATIONS BOARD; POWER,
5.23AUTHORITY, AND DUTIES.
5.24    Subdivision 1. Membership. The Public Employment Relations Board is
5.25established with three members. One member shall be an officer or employee of an
5.26exclusive representative of public employees and shall be appointed by the governor; one
5.27shall be representative of public employers and shall be appointed by the governor; and
5.28one shall be representative of the public at large and shall be appointed by the other two
5.29members. Public employers and employee organizations representing public employees
5.30may submit for consideration names of persons representing their interests. The board
5.31shall select one of its members to serve as chair for a term beginning July 1 of each year.
5.32    Subd. 2. Alternate members. (a) The appointing authorities shall appoint alternate
5.33members to serve only in the case of a member having a conflict of interest under
5.34subdivision 9, as follows:
6.1(1) one alternate, appointed by the governor, who is an officer or employee of an
6.2exclusive representative of public employees, to serve as an alternate to the member
6.3appointed by the governor who is an officer or employee of an exclusive representative of
6.4public employees. This alternate must not be an officer or employee of the same exclusive
6.5representative of public employees as the member for whom the alternate serves;
6.6(2) one alternate, appointed by the governor, who is a representative of public
6.7employers, to serve as an alternate to the member appointed by the governor who is
6.8a representative of public employers. This alternate must not represent the same public
6.9employer as the member for whom the alternate serves; and
6.10(3) one alternate, appointed by the member who is an officer or employee of an
6.11exclusive representative of public employees and the member who is a representative of
6.12public employers, who is not an officer or employee of an exclusive representative of
6.13public employees, or a representative of a public employer, to serve as an alternate for the
6.14member that represents the public at large.
6.15(b) Each alternate member shall serve a term that is coterminous with the term of the
6.16member for whom the alternate member serves as an alternate.
6.17    Subd. 3. Terms; compensation. The membership terms, compensation, removal
6.18of members, and filling of vacancies for members and alternate members shall be as
6.19provided in section 15.0575.
6.20    Subd. 4. Rules; meetings. The board shall adopt rules governing its procedure and
6.21shall hold meetings as prescribed in those rules. The chair shall convene and preside
6.22at meetings of the board.
6.23    Subd. 5. Powers. The board shall have the powers and authority required for the
6.24board to take the actions assigned to the board under section 179A.13.
6.25    Subd. 6. Appeals. In addition to the other powers and duties given it by law, the
6.26board shall hear and decide appeals from:
6.27(1) recommended decisions and orders relating to an unfair labor practice under
6.28section 179A.13; and
6.29(2) determinations of the commissioner under section 179A.12, subdivision 11.
6.30    Subd. 7. Rulemaking. The board shall adopt rules under chapter 14 governing
6.31the presentation of issues and the taking of appeals under subdivision 6. All issues and
6.32appeals presented to the board shall be determined upon the record of hearing, except that
6.33the board may request additional evidence when necessary or helpful.
6.34    Subd. 8. Employees and contracts. The board may hire investigators, hearing
6.35officers, and other employees as necessary to perform its duties, or may enter into
6.36contracts to perform any of the board's duties.
7.1    Subd. 9. Conflict of interest. A member must disclose any conflict of interest in
7.2a case before the board and shall not take any action or vote in the case. The person
7.3designated as the recused member's alternate shall serve in place of the member who
7.4has a conflict for all actions and votes on the case, unless the alternate has a conflict of
7.5interest. If both a member and the member's alternate have a conflict of interest in a case,
7.6the appointing authority will appoint a second alternate member, who meets the same
7.7requirements as the alternate member and who has no conflict of interest, to take action
7.8and vote in the case. A board member or alternate member has a conflict of interest in a
7.9case if the member is employed by, an officer of, a member of the governing body of, or
7.10a member of a party in the case.
7.11EFFECTIVE DATE. This section is effective July 1, 2014. The board shall be
7.12established and prepared to hear and decide rules under Minnesota Statutes, section
7.13179A.041, subdivision 4, by July 1, 2015.

7.14    Sec. 6. Minnesota Statutes 2012, section 179A.051, is amended to read:
7.15179A.051 APPEALS OF COMMISSIONER'S DECISIONS.
7.16(a) Decisions of the commissioner relating to supervisory, confidential, essential,
7.17and professional employees, appropriateness of a unit, or fair share fee challenges may be
7.18reviewed on certiorari by the Court of Appeals. A petition for a writ of certiorari must be
7.19filed and served on the other party or parties and the commissioner within 30 days from
7.20the date of the mailing of the commissioner's decision. The petition must be served on the
7.21other party or parties at the party's or parties' last known address.
7.22(b) Decisions of the commissioner relating to unfair labor practices under section
7.23179A.12, subdivision 11, may be appealed to the board if the appeal is filed with the board
7.24and served on all other parties no later than 30 days after service of the commissioner's
7.25decision.

7.26    Sec. 7. [179A.052] APPEALS OF BOARD'S DECISIONS.
7.27Decisions of the board relating to unfair labor practices under section 179.11,
7.28179.12, 179A.12, subdivision 11, or 179A.13 including dismissal of unfair labor practice
7.29charges, may be reviewed on certiorari by the Court of Appeals. A petition for a writ of
7.30certiorari must be filed and served on the other party or parties and the board within 30
7.31days from the date of the mailing of the board's decision. The petition must be served on
7.32the other party or parties at the party's or parties' last known address.

8.1    Sec. 8. Minnesota Statutes 2012, section 179A.06, is amended by adding a subdivision
8.2to read:
8.3    Subd. 7. Concerted activity. Public employees have the right to engage in concerted
8.4activities for the purpose of collective bargaining or other mutual aid or protection.

8.5    Sec. 9. Minnesota Statutes 2012, section 179A.10, subdivision 1, is amended to read:
8.6    Subdivision 1. Exclusions. The commissioner of management and budget shall
8.7meet and negotiate with the exclusive representative of each of the units specified in
8.8this section, except as provided in section 43A.06, subdivision 1, paragraph (c). The
8.9units provided in this section are the only appropriate units for executive branch state
8.10employees. The following employees shall be excluded from any appropriate unit:
8.11(1) the positions and classes of positions in the classified and unclassified services
8.12defined as managerial by the commissioner of management and budget in accordance
8.13with section 43A.18, subdivision 3, and so designated in the official state compensation
8.14schedules;
8.15(2) unclassified positions in the Minnesota State Colleges and Universities defined
8.16as managerial by the Board of Trustees;
8.17(3) positions of physician employees compensated under section 43A.17,
8.18subdivision 4 ;
8.19(4) positions of all unclassified employees appointed by a constitutional officer;
8.20(5) positions in the Bureau of Mediation Services and the Public Employment
8.21Relations Board;
8.22(6) positions of employees whose classification is pilot or chief pilot;
8.23(7) administrative law judge and compensation judge positions in the Office of
8.24Administrative Hearings; and
8.25(8) positions of all confidential employees.
8.26The governor may upon the unanimous written request of exclusive representatives
8.27of units and the commissioner direct that negotiations be conducted for one or more units
8.28in a common proceeding or that supplemental negotiations be conducted for portions of a
8.29unit or units defined on the basis of appointing authority or geography.

8.30    Sec. 10. Minnesota Statutes 2012, section 179A.13, is amended to read:
8.31179A.13 UNFAIR LABOR PRACTICES.
8.32    Subdivision 1. Actions. (a) The practices specified in this section are unfair labor
8.33practices. Any employee, employer, employee or employer organization, exclusive
8.34representative, or any other person or organization aggrieved by an unfair labor practice as
9.1defined in this section may bring an action for injunctive relief and for damages caused by
9.2the unfair labor practice in the district court of the county in which the practice is alleged
9.3to have occurred. A copy of any complaint alleging an unfair labor practice must be filed
9.4with the commissioner at the time it is brought in district court. The party bringing an
9.5unfair labor practice action in district court shall also transmit to the commissioner any
9.6orders or judgments of the court within ten days of the order or judgment file an unfair
9.7labor practice charge with the board.
9.8(b) Whenever it is charged that any party has engaged in or is engaging in any
9.9unfair labor practice, an investigator designated by the board shall promptly conduct an
9.10investigation of the charge. Unless after the investigation the board finds that the charge
9.11has no reasonable basis in law or fact, the board shall promptly issue a complaint and
9.12cause to be served upon the party a complaint stating the charges, accompanied by a
9.13notice of hearing before a qualified hearing officer designated by the board at the offices of
9.14the bureau or other location as the board deems appropriate, not less than five days nor
9.15more than 20 days after serving the complaint, provided that no complaint shall be issued
9.16based upon any unfair labor practice occurring more than six months prior to the filing of
9.17a charge. A complaint issued under this subdivision may be amended by the board at any
9.18time prior to the issuance of an order based thereon. The party who is the subject of the
9.19complaint has the right to file an answer to the original or amended complaint prior to
9.20hearing and to appear in person or by a representative and give testimony at the place and
9.21time fixed in the complaint. In the discretion of the hearing officer conducting the hearing
9.22or the board, any other party may be allowed to intervene in the proceeding and to present
9.23testimony. The board or designated hearing officers shall not be bound by the rules of
9.24evidence applicable to courts, except as to the rules of privilege recognized by law.
9.25(c) Designated investigators must conduct the investigation of charges.
9.26(d) Hearing officers must be licensed to practice law in the state of Minnesota and
9.27must conduct the hearings and issue recommended decisions and orders.
9.28(e) The board or its designees shall have the power to issue subpoenas and administer
9.29oaths. If any party willfully fails or neglects to appear or testify or to produce books,
9.30papers, and records pursuant to the issuance of a subpoena, the board may apply to a
9.31court of competent jurisdiction to request that the party be ordered to appear to testify or
9.32produce the requested evidence.
9.33(f) A full and complete record shall be kept of all proceedings before the board or
9.34designated hearing officer and shall be transcribed by a reporter appointed by the board.
9.35(g) The party on whom the burden of proof rests shall be required to sustain the
9.36burden by a preponderance of the evidence.
10.1(h) At any time prior to the close of a hearing, the parties may by mutual agreement
10.2request referral to mediation, at which time the commissioner shall appoint a mediator,
10.3and the hearing shall be suspended pending the results of the mediation.
10.4(i) If, upon a preponderance of the evidence taken, the hearing officer determines
10.5that any party named in the charge has engaged in or is engaging in an unfair labor
10.6practice, then a recommended decision and order shall be issued stating findings of fact
10.7and conclusions, and requiring the party to cease and desist from the unfair labor practice,
10.8to post a cease-and-desist notice in the workplace, and ordering any appropriate relief to
10.9effectuate the policies of this section, including but not limited to reinstatement, back pay,
10.10and any other remedies that make a charging party whole. If back pay is awarded, the
10.11award must include interest at the rate of seven percent per annum. The order further
10.12may require the party to make reports from time to time, and demonstrate the extent to
10.13which the party has complied with the order.
10.14(j) If there is no preponderance of evidence that the party named in the charge has
10.15engaged in or is engaging in the unfair labor practice, then the hearing officer shall issue a
10.16recommended decision and order stating findings of fact and dismissing the complaint.
10.17(k) Parties may file exceptions to the hearing officer's recommended decision and
10.18order with the board no later than 30 days after service of the recommended decision
10.19and order. The board shall review the recommended decision and order upon timely
10.20filing of exceptions or upon its own motion. If no timely exceptions have been filed, the
10.21parties must be deemed to have waived their exceptions. Unless the board reviews the
10.22recommended decision and order upon its own motion, it must not be legal precedent and
10.23must be final and binding only on the parties to the proceeding as issued in an order issued
10.24by the board. If the board does review the recommended decision and order, the board
10.25may adopt all, part, or none of the recommended decision and order, depending on the
10.26extent to which it is consistent with the record and applicable laws. The board shall issue
10.27and serve on all parties its decision and order. The board shall retain jurisdiction over the
10.28case to ensure the parties' compliance with the board's order. Unless overturned by the
10.29board, the parties must comply with the recommended decision and order.
10.30 (l) Until the record has been filed in the court of appeals or district court, the board at
10.31any time, upon reasonable notice and in a manner it deems appropriate, may modify or set
10.32aside, in whole or in part, any finding or order made or issued by it.
10.33(m) Upon a final order that an unfair labor practice has been committed, the board or
10.34the charging party may petition the district court for the enforcement of the order and for
10.35appropriate temporary relief or a restraining order. When the board petitions the court, the
10.36charging party may intervene as a matter of right.
11.1(n) Whenever it appears that any party has violated a final order of the board issued
11.2pursuant to this section, the board must petition the district court for an order directing the
11.3party and its officers, agents, servants, successors, and assigns to comply with the order of
11.4the board. The board shall be represented in this action by its general counsel, who has
11.5been appointed by the board. The court may grant or refuse, in whole or in part, the relief
11.6sought, provided that the court also may stay an order of the board pending disposition of
11.7the proceedings. The court may punish a violation of its order as in civil contempt.
11.8(o) The board shall have power, upon issuance of an unfair labor practice complaint
11.9alleging that a party has engaged in or is engaging in an unfair labor practice, to petition
11.10the district court for appropriate temporary relief or a restraining order. Upon the filing
11.11of any such petition, the court shall cause notice thereof to be served upon such parties,
11.12and thereupon shall have jurisdiction to grant to the board or commissioner temporary
11.13relief or a restraining order as it deems appropriate. Nothing in this paragraph precludes
11.14a charging party from seeking injunctive relief in district court after filing the unfair
11.15labor practice charge.
11.16(p) The proceedings in paragraphs (m), (n), and (o) shall be commenced in the
11.17district court for the county in which the unfair labor practice which is the subject of
11.18the order or administrative complaint was committed, or where a party alleged to have
11.19committed the unfair labor practice resides or transacts business.
11.20    Subd. 2. Employers. Public employers, their agents and representatives are
11.21prohibited from:
11.22(1) interfering, restraining, or coercing employees in the exercise of the rights
11.23guaranteed in sections 179A.01 to 179A.25;
11.24(2) dominating or interfering with the formation, existence, or administration of any
11.25employee organization or contributing other support to it;
11.26(3) discriminating in regard to hire or tenure to encourage or discourage membership
11.27in an employee organization;
11.28(4) discharging or otherwise discriminating against an employee because the
11.29employee has signed or filed an affidavit, petition, or complaint or given information or
11.30testimony under sections 179A.01 to 179A.25;
11.31(5) refusing to meet and negotiate in good faith with the exclusive representative of
11.32its employees in an appropriate unit;
11.33(6) refusing to comply with grievance procedures contained in an agreement;
11.34(7) distributing or circulating a blacklist of individuals exercising a legal right or
11.35of members of a labor organization for the purpose of preventing blacklisted individuals
11.36from obtaining or retaining employment;
12.1(8) violating rules established by the commissioner regulating the conduct of
12.2representation elections;
12.3(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;
12.4(10) violating or refusing to comply with any lawful order or decision issued by
12.5the commissioner or the board;
12.6(11) refusing to provide, upon the request of the exclusive representative, all
12.7information pertaining to the public employer's budget both present and proposed,
12.8revenues, and other financing information provided that in the executive branch of state
12.9government this clause may not be considered contrary to the budgetary requirements of
12.10sections 16A.10 and 16A.11; or
12.11(12) granting or offering to grant the status of permanent replacement employee
12.12to a person for performing bargaining unit work for the employer during a lockout of
12.13employees in an employee organization or during a strike authorized by an employee
12.14organization that is an exclusive representative.
12.15    Subd. 3. Employees. Employee organizations, their agents or representatives,
12.16and public employees are prohibited from:
12.17(1) restraining or coercing employees in the exercise of rights provided in sections
12.18179A.01 to 179A.25;
12.19(2) restraining or coercing a public employer in the election of representatives to be
12.20employed to meet and negotiate or to adjust grievances;
12.21(3) refusing to meet and negotiate in good faith with a public employer, if the
12.22employee organization is the exclusive representative of employees in an appropriate unit;
12.23(4) violating rules established by the commissioner regulating the conduct of
12.24representation elections;
12.25(5) refusing to comply with a valid decision of an arbitration panel or arbitrator;
12.26(6) calling, instituting, maintaining, or conducting a strike or boycott against any
12.27public employer on account of any jurisdictional controversy;
12.28(7) coercing or restraining any person with the effect to:
12.29(i) force or require any public employer to cease dealing or doing business with any
12.30other person;
12.31(ii) force or require a public employer to recognize for representation purposes an
12.32employee organization not certified by the commissioner;
12.33(iii) refuse to handle goods or perform services; or
12.34(iv) prevent an employee from providing services to the employer;
12.35(8) committing any act designed to damage or actually damaging physical property
12.36or endangering the safety of persons while engaging in a strike;
13.1(9) forcing or requiring any employer to assign particular work to employees in a
13.2particular employee organization or in a particular trade, craft, or class rather than to
13.3employees in another employee organization or in another trade, craft, or class;
13.4(10) causing or attempting to cause a public employer to pay or deliver or agree to
13.5pay or deliver any money or other thing of value, in the nature of an exaction, for services
13.6which are not performed or not to be performed;
13.7(11) engaging in an unlawful strike;
13.8(12) picketing which has an unlawful purpose such as secondary boycott;
13.9(13) picketing which unreasonably interferes with the ingress and egress to facilities
13.10of the public employer;
13.11(14) seizing or occupying or destroying property of the employer;
13.12(15) violating or refusing to comply with any lawful order or decision issued by
13.13the commissioner or the board.

13.14    Sec. 11. [179A.135] UNFAIR LABOR PRACTICES INVOLVING CHARITABLE
13.15HOSPITALS.
13.16Any charitable hospital as defined in section 179.35, subdivision 2, any hospital
13.17employee as defined in section 179.35, subdivision 3, any labor organization as defined
13.18in section 179.01, subdivision 6, or any other person or organization connected with a
13.19charitable hospital, who is aggrieved by an unfair labor practice as defined in sections
13.20179.11 and 179.12, may file an unfair labor practice charge with the Public Employment
13.21Relations Board that will be processed in accordance with the provisions of sections
13.22179A.051, 179A.052, and 179A.13.

13.23    Sec. 12. APPROPRIATION; INITIAL ASSISTANCE.
13.24(a) $125,000 in fiscal year 2015 is appropriated from the general fund to the
13.25commissioner of the Bureau of Mediation Services for purposes of the Public Employment
13.26Relations Board under Minnesota Statutes, section 179A.041. This appropriation is
13.27added to the base.
13.28(b) The commissioner of the Bureau of Mediation Services must call the first
13.29meeting of the board, and must assist the board in its initial operations, including
13.30development and adoption of the board's initial rules.

13.31    Sec. 13. EFFECTIVE DATE.
13.32Sections 1 to 3 and 6 to 11 are effective July 1, 2015. Sections 4, 5, and 12 are
13.33effective July 1, 2014.