HF 339

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/09/2011 05:01pm

A bill for an act
relating to education; identifying a process for negotiating teacher employment
contracts; amending Minnesota Statutes 2010, sections 179A.16, subdivision 1;
179A.18, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes,
chapter 179A; repealing Minnesota Statutes 2010, sections 123B.05; 179A.18,
subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 179A.16, subdivision 1, is amended to
read:

Subdivision 1.

Nonessential employees.

An exclusive representative or an
employer of a unit of employees other than essential employees new text begin or teachers new text end may request
interest arbitration by providing written notice of the request to the other party and the
commissioner. The written request for arbitration must specify the items to be submitted to
arbitration and whether conventional, final-offer total-package, or final-offer item-by-item
arbitration is contemplated by the request.

The items to be submitted to arbitration and the form of arbitration to be used are
subject to mutual agreement. If an agreement to arbitrate is reached, it must be reduced to
writing and a copy of the agreement filed with the commissioner. A failure to respond, or
to reach agreement on the items or form of arbitration, within 15 days of receipt of the
request to arbitrate constitutes a rejection of the request.

Sec. 2.

new text begin [179A.175] TEACHER CONTRACTS.
new text end

new text begin Notwithstanding section 179A.16 and other law to the contrary, a school board and
the exclusive representative of the teachers may meet and negotiate and enter into an
employment contract only during the three-month period preceding September 1 when
school is not in session. If the school board and the exclusive representative fail to reach a
certified written agreement by September 1 in the odd-numbered year, the negotiations
must be suspended until the next even-numbered calendar year and resume during the
three-month period preceding September 1 when school is again not in session. During
the time the negotiations are suspended, employee compensation must be according to
the terms of the collective bargaining agreement in effect in the preceding collective
bargaining cycle. If agreement is not reached during the three-month period in the
even-numbered year, the school board must submit the matter to an arbitrator selected
by the Bureau of Mediation Services who must determine the matter based on a final
offer total package from each party.
new text end

Sec. 3.

Minnesota Statutes 2010, section 179A.18, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

Essential employees new text begin and teachers new text end 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)(i) 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

(ii) 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, governs negotiations under that section, and provided that for the
purposes of this subclause the mediation period commences on the day following receipt
by the commissioner 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, (i) the Legislative Coordinating Commission has
rejected a negotiated agreement or arbitration decision during a legislative interim; or (ii)
the entire legislature rejects or fails to ratify a negotiated agreement or arbitration decision,
which has been approved during a legislative interim by the Legislative Coordinating
Commission, at a special legislative session called to consider it, or at its next regular
legislative session, whichever occurs first.

Sec. 4.

Minnesota Statutes 2010, section 179A.18, subdivision 3, is amended to read:

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
commissioner by the exclusive representative at least ten days prior to the commencement
of the strike. For all employees deleted text begin other than teachers deleted text end , 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. deleted text begin For teachers, no strike may commence more
than 25 days after service of notification of intent to strike unless, before the end of the
25-day period, the exclusive representative and the employer agree that the period during
which a strike may commence shall be extended for an additional period not to exceed five
days. Teachers are limited to one notice of intent to strike for each contract negotiation
period, provided, however, that a strike notice may be renewed for an additional ten days,
the first five of which shall be a notice period during which no strike may occur, if the
following conditions have been satisfied:
deleted text end

deleted text begin (1) an original notice was provided pursuant to this section; and
deleted text end

deleted text begin (2) a tentative agreement to resolve the dispute was reached during the original
strike notice period; and
deleted text end

deleted text begin (3) such tentative agreement was rejected by either party during or after the original
strike notice period.
deleted text end

The first day of the renewed strike notice period shall commence on the day following
the expiration of the previous strike notice period or the day following the rejection
of the tentative agreement, whichever is later. 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.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 123B.05; and 179A.18, subdivision 2, new text end new text begin are
repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective beginning July 1, 2013, and apply to all teacher
collective bargaining agreements entered into or modified after that date.
new text end