2004 Minnesota Statutes

     179A.14 Negotiation procedures. 

    Subdivision 1.    Initiation of negotiation.  (a)    
 First agreement.  When an exclusive representative desires to 
 meet and negotiate an initial agreement establishing terms and 
 conditions of employment, the exclusive representative shall 
 give written notice to the employer and the commissioner.  If 
 the exclusive representative has not been certified by the 
 commissioner under section 179A.12 within one year of such 
 written notice, the employer has ten days from receipt of the 
 notice to object to the demand to negotiate by petitioning the 
 commissioner to investigate either the appropriateness of the 
 unit or the question of representation that the employer 
 believes is raised by the demand, or both.  If the employer does 
 not object within ten days, the employer accepts the obligations 
 of section 179A.07, subdivision 2, and the balance of this 
 chapter with regard to such exclusive representative.  If the 
 employer does object by filing a petition under this section, 
 the commissioner shall investigate the petition under section 
 179A.12, subdivision 5.  

    (b)    Subsequent agreement.  When a party to a contract 
 desires to meet and negotiate an agreement subsequent to the 
 initial agreement, the party shall give written notice to the 
 other party and to the commissioner at least 60 days before the 
 termination date of the existing contract.  If a party fails to 
 give the required 60-day notice, the party is subject to a fine 
 of $10 per day for each day the notice is late.  The fine for 
 late notice may be waived at the discretion of the commissioner 
 if the commissioner finds that the failure to give timely notice 
 did not prejudice the commissioner or the other party in the 
 fulfillment of their responsibilities and duties.  The fine for 
 late notice is the only penalty for late notice under this 
 paragraph. 

    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 commissioner 
 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 commissioner.  

    HIST: 1984 c 462 s 15; 1985 c 157 s 3; 1987 c 186 s 15; 1989 c 
 255 s 6