Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

CHAPTER 179. LABOR RELATIONS

Table of Sections
SectionHeadnote

MINNESOTA LABOR RELATIONS ACT

179.01DEFINITIONS; MINNESOTA LABOR RELATIONS ACT.
179.02BUREAU OF MEDIATION SERVICES.
179.03POLITICAL ACTIVITIES FORBIDDEN.
179.04EXPENSES; FEES.
179.05Repealed, 1987 c 45 s 9
179.06COLLECTIVE BARGAINING AGREEMENTS.
179.07LABOR DISPUTE AFFECTING PUBLIC INTERESTS; PROCEDURE.
179.08POWERS OF COMMISSION APPOINTED BY COMMISSIONER.
179.083JURISDICTIONAL CONTROVERSIES.
179.09ARBITRATION.
179.10JOINING LABOR ORGANIZATIONS; UNITING FOR COLLECTIVE BARGAINING.
179.11UNFAIR LABOR PRACTICES BY EMPLOYEES.
179.12EMPLOYERS' UNFAIR LABOR PRACTICES.
179.121OPERATION OF VEHICLE WHERE DISPUTE IS IN PROGRESS.
179.13INTERFERENCES WHICH ARE UNLAWFUL.
179.135PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.
179.14INJUNCTIONS; TEMPORARY RESTRAINING ORDERS.
179.15VIOLATORS NOT ENTITLED TO BENEFITS OF CERTAIN SECTIONS.
179.16REPRESENTATIVES FOR COLLECTIVE BARGAINING.
179.17CITATION, LABOR RELATIONS ACT.

MINNESOTA LABOR UNION DEMOCRACY ACT

179.18DEFINITIONS; MINNESOTA LABOR UNION DEMOCRACY ACT.
179.19ELECTION OF OFFICERS OF LABOR ORGANIZATION.
179.20NOTICE OF ELECTIONS GIVEN.
179.21REPORTS OF RECEIPTS AND DISBURSEMENTS.
179.22LABOR REFEREE.
179.23Repealed, 1987 c 45 s 9
179.231VIOLATIONS.
179.24Repealed, 1987 c 45 s 9
179.25CITATION, LABOR UNION DEMOCRACY ACT.
179.254CONSTRUCTION WORKERS INSURANCE BENEFIT FUNDS; DEFINITIONS.
179.255PAYMENTS INTO HOME BENEFIT FUND.
179.256NOTIFICATION.
179.257APPLICATION.

CERTAIN REPRESENTATION DISPUTES;

STRIKES, BOYCOTTS PROHIBITED

179.26DEFINITIONS; CERTAIN REPRESENTATION DISPUTES.
179.27STRIKES OR BOYCOTTS PROHIBITED.
179.28RECOVERY FOR TORT.
179.29DISTRICT COURT HAS JURISDICTION.

HOSPITALS; STRIKES PROHIBITED,

COMPULSORY ARBITRATION REQUIRED

179.35DEFINITIONS; HOSPITAL NO STRIKE AND ARBITRATION ACT.
179.36STRIKES PROHIBITED.
179.37LOCKOUTS PROHIBITED.
179.38ARBITRATION MANDATORY.
179.39SECTIONS NOT APPLICABLE.

SECONDARY BOYCOTTS PROHIBITED

179.40SECONDARY BOYCOTT; DECLARATION OF POLICY.
179.41SECONDARY BOYCOTT DEFINED.
179.42UNLAWFUL ACT AND UNFAIR LABOR PRACTICE.
179.43ILLEGAL COMBINATION; VIOLATION OF PUBLIC POLICY.
179.44UNFAIR LABOR PRACTICE.
179.45RIGHTS AND REMEDIES.
179.46LIMITATIONS; FEDERAL ACT.
179.47CONSTRUCTION OF SECTIONS 179.40 TO 179.47.
179.50Repealed, Ex1971 c 33 s 17
179.51Repealed, Ex1971 c 33 s 17
179.52Repealed, Ex1971 c 33 s 17
179.521Repealed, Ex1971 c 33 s 17
179.522Repealed, Ex1971 c 33 s 17
179.53Repealed, Ex1971 c 33 s 17
179.54Repealed, Ex1971 c 33 s 17
179.55Repealed, Ex1971 c 33 s 17
179.56Repealed, Ex1971 c 33 s 17
179.57Repealed, Ex1971 c 33 s 17
179.571Repealed, Ex1971 c 33 s 17
179.572Repealed, Ex1971 c 33 s 17
179.58Repealed, Ex1971 c 33 s 17

PROHIBITING COERCION OF EMPLOYEE

179.60INTERFERING WITH EMPLOYEE OR MEMBERSHIP IN UNION.
179.61Repealed, 1984 c 462 s 28
179.62Repealed, 1984 c 462 s 28
179.63Repealed, 1984 c 462 s 28
179.64Repealed, 1984 c 462 s 28
179.65Repealed, 1984 c 462 s 28
179.66Repealed, 1984 c 462 s 28
179.67Repealed, 1984 c 462 s 28
179.68Repealed, 1984 c 462 s 28
179.69Repealed, 1984 c 462 s 28
179.691Repealed, 1984 c 462 s 28
179.692Repealed, 1984 c 462 s 28
179.70Repealed, 1984 c 462 s 28
179.71Repealed, 1984 c 462 s 28
179.72Repealed, 1984 c 462 s 28
179.73Repealed, 1984 c 462 s 28
179.74Repealed, 1984 c 462 s 28
179.741Repealed, 1984 c 462 s 28
179.7411Repealed, 1984 c 462 s 28
179.742Repealed, 1984 c 462 s 28
179.743Repealed, 1984 c 462 s 28
179.75Repealed, 1984 c 462 s 28
179.76Repealed, 1984 c 462 s 28
179.77Repealed, 1973 c 635 s 37

LABOR-MANAGEMENT COMMITTEE GRANT PROGRAM

179.81DEFINITIONS.
179.82GRANT PROGRAM CREATED; APPLICATIONS.
179.83ACTION ON APPLICATION.
179.84GENERAL CONDITIONS AND TERMS OF GRANTS.
179.85FUNDING LIMITATIONS.

MINNESOTA LABOR RELATIONS ACT

179.01 DEFINITIONS; MINNESOTA LABOR RELATIONS ACT.
    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly indicates
that a different meaning is intended, the following words, terms, and phrases, for the purposes of
sections 179.01 to 179.17, shall be given the meanings subjoined to them.
    Subd. 2. Person. "Person" includes individuals, partnerships, associations, corporations,
trustees, and receivers.
    Subd. 3. Employer. "Employer" includes all persons employing others and all persons acting
in the interest of an employer, but does not include the state, or any political or governmental
subdivision thereof, nor any person subject to the Federal Railway Labor Act, as amended from
time to time, nor the state or any political or governmental subdivision thereof except when
used in section 179.13.
    Subd. 4. Employee. "Employee" includes, in addition to the accepted definition of the
word, any employee whose work has ceased because of any unfair labor practice, as defined in
section 179.12, on the part of the employer or because of any current labor dispute and who has
not obtained other regular and substantially equivalent employment, but does not include any
individuals employed in agricultural labor or by a parent or spouse or in domestic service of any
person at the person's own home.
    Subd. 5. Representative of employees. "Representative of employees" means a labor
organization or one or more individuals selected by a group of employees as provided in section
179.16.
    Subd. 6. Labor organization. "Labor organization" means any organization of employees
which exists for the purpose, in whole or in part, of collective bargaining or of dealing with
employers concerning grievances or terms or conditions of employment.
    Subd. 7. Labor dispute. "Labor dispute" includes any controversy concerning employment,
tenure or conditions or terms of employment or concerning the association or right of
representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange
terms, tenure, or other conditions of employment, regardless of whether or not the relationship of
employer and employee exists as to the disputants.
    Subd. 8. Strike. "Strike" means the temporary stoppage of work by the concerted action of
two or more employees as a result of a labor dispute.
    Subd. 9. Lockout. "Lockout" is the refusal of the employer to furnish work to employees as
a result of a labor dispute.
    Subd. 10. Commission. "Commission" means the commission of three members which may
be appointed by the governor to conduct hearings under this chapter.
    Subd. 11. Unfair labor practice. "Unfair labor practice" means an unfair labor practice
defined in sections 179.11 and 179.12.
    Subd. 12. Competent evidence. "Competent evidence" means evidence admissible in a court
of equity and such other evidence other than hearsay as is relevant and material to the issue and is
of such character that it would be accepted by reasonable persons as worthy of belief.
    Subd. 13. Agricultural products. "Agricultural products" includes, but is not restricted to,
horticultural, viticultural, dairy, livestock, poultry, bee, and any farm products.
    Subd. 14. Processor. "Processor" means the person who first processes or prepares
agricultural products, or manufactures products therefrom, for sale after receipt thereof from the
producer.
    Subd. 15. Marketing organization. "Marketing organization" means any organization of
producers or processors organized to engage in any activity in connection with the marketing or
selling of agricultural products or with the harvesting, preserving, drying, processing, canning,
packing, grading, storing, handling, shipping or utilization thereof, or the manufacturing or
marketing of the by-products thereof, or in connection with the manufacturing, selling or supply
of machinery, equipment, or supplies for their members or patrons.
    Subd. 16. Professional strikebreaker. "Professional strikebreaker" means any person who:
(a) makes an offer to an employer at whose place of business a labor dispute is presently
in progress to work as a replacement for an employee or employees involved in such labor
dispute; and
(b) during a period of five years immediately preceding such offer, has, on more than one
occasion, made an offer to employers to work as a temporary employee to personally replace
employees involved in labor disputes. For the purposes of this subdivision, "work" shall mean
the rendering of services for wages or other consideration. For the purposes of this subdivision,
"offer" shall include arrangements made for or on behalf of employers by any person.
History: (4254-21) 1939 c 440 s 1; 1943 c 624 s 1,5; 1973 c 149 s 1; 1986 c 444
179.02 BUREAU OF MEDIATION SERVICES.
    Subdivision 1. Establishment. There is established a Bureau of Mediation Services under
the supervision and control of a commissioner. The commissioner shall be appointed by the
governor under the provisions of section 15.06.
    Subd. 2. Special mediators. The commissioner may, from time to time, appoint special
mediators to aid in the settlement of particular labor disputes or controversies who shall have
the same power and authority as the commissioner with respect to such dispute and such
appointment shall be for the duration only of the particular dispute. Such special mediators
shall be paid a per diem allowance as determined by the commissioner, while so engaged and
their necessary expenses.
    Subd. 3. Rules. The commissioner shall adopt rules to govern proceedings before the
commissioner under the provisions of this chapter.
    Subd. 4. Roster of arbitrators. The commissioner shall maintain a roster of persons suited
and qualified by training and experience to act as arbitrators of labor disputes and shall provide
parties to a labor dispute with the names of persons on the roster upon written request. The
commissioner shall adopt rules governing appointments to, removals from, and administration of
this roster.
    Subd. 5. Labor-management committees. The commissioner may provide technical support
and assistance to voluntary joint labor-management committees established for the purpose of
improving relationships between unions and employers at area, industry, or work-site levels.
History: (4254-22) 1939 c 440 s 2; 1949 c 739 s 14; 1951 c 713 s 17; 1969 c 1129 art 2 s 1;
1977 c 305 s 25; 1987 c 45 s 1,2; 1987 c 186 s 15; 1989 c 255 s 1; 1990 c 546 s 1; 1999 c 221 s 4
179.03 POLITICAL ACTIVITIES FORBIDDEN.
Any mediator, under the provisions of sections 179.01 to 179.17, who exerts personal
influence, directly or indirectly, to induce any other person to adopt the mediator's political
views, or to favor any particular candidate for office, or to contribute funds for political purposes
shall forthwith be removed from office or position by the appointing authority; provided, that
before removal the commissioner of mediation services shall be entitled to a hearing before the
governor, and any other employee shall be entitled to a similar hearing before the commissioner
of mediation services.
History: (4254-23) 1939 c 440 s 3; 1969 c 1129 art 2 s 2; 1974 c 139 s 1; 1986 c 444;
1987 c 186 s 15
179.04 EXPENSES; FEES.
    Subdivision 1. Travel and other expenses. The commissioner of mediation services and
employees, or any special mediator, shall be paid their actual and necessary traveling and other
expenses incurred in the performance of their duties. Vouchers for such expenses shall be itemized
and sworn to by the person incurring the expense.
    Subd. 2. Seminar and workshop fees. The commissioner shall charge a fee to each
participant at a labor relations education seminar or workshop so that all expenditures except
salaries of bureau employees are reimbursed at least 100 percent. Receipts shall be credited
to the general fund.
History: (4254-24) 1939 c 440 s 4; 1969 c 1129 art 2 s 3; 1979 c 333 s 89; 1986 c 444;
1987 c 186 s 15
179.05 [Repealed, 1987 c 45 s 9]
179.06 COLLECTIVE BARGAINING AGREEMENTS.
    Subdivision 1. Notices. When any employee, employees, or representative of employees,
or labor organization shall desire to negotiate a collective bargaining agreement, or make any
change in any existing agreement, or shall desire any changes in the rates of pay, rules or working
conditions in any place of employment, it shall give written notice to the employer of its demand,
which notice shall follow the employer if the place of employment is changed, and it shall
thereupon be the duty of the employer and the representative of employee or labor organization to
endeavor in good faith to reach an agreement respecting such demand. An employer shall give a
like notice to employees, representative, or labor organizations of any intended change in any
existing agreement. If no agreement is reached at the expiration of ten days after service of such
notice, any employees, representative, labor organization, or employer may at any time thereafter
petition the commissioner of mediation services to take jurisdiction of the dispute and it shall be
unlawful for any labor organization or representative to institute or aid in the conduct of a strike
or for an employer to institute a lockout, unless such petition has been served by the party taking
such action upon the commissioner and the other parties to the labor dispute at least ten days
before the strike or lockout becomes effective. Unless the strike or lockout is commenced within
90 days from the date of service of the petition upon the commissioner, it shall be unlawful for
any of the parties to institute or aid in the conduct of a strike or lockout without serving a new
petition in the manner prescribed for the service of the original petition, provided that the 90-day
period may be extended by written agreement of the parties filed with the commissioner.
A petition by the employer shall be signed by the employer or a duly authorized officer or
agent; and a petition by the employees shall be signed by their representative or its officers,
or by the committee selected to negotiate with the employer. In either case the petition shall
be served by delivering it to the commissioner in person or by sending it by certified mail
addressed to the commissioner at the commissioner's office. The petition shall state briefly the
nature of the dispute and the demands of the party who serves it. Upon receipt of a petition, the
commissioner shall fix a time and place for a conference with the parties to the labor dispute upon
the issues involved in the dispute, and shall then take whatever steps the commissioner deems
most expedient to bring about a settlement of the dispute, including assisting in negotiating and
drafting a settlement agreement. It shall be the duty of all parties to a labor dispute to respond to
the summons of the commissioner for joint or several conferences with the commissioner and to
continue in such conference until excused by the commissioner, not beyond the ten-day period
heretofore prescribed except by mutual consent of the parties.
    Subd. 2. Commissioner, powers and duties. The commissioner may at the request of either
party to a labor dispute render assistance in settling the dispute without the necessity of filing the
formal petition referred to in subdivision 1. If the commissioner takes jurisdiction of the dispute
as a result of such a request, the commissioner shall then proceed as provided in subdivision 1.
History: (4254-26) 1939 c 440 s 6; 1941 c 469 s 1; 1955 c 837 s 1; 1969 c 1129 art 2
s 5; 1986 c 444; 1987 c 186 s 15
179.07 LABOR DISPUTE AFFECTING PUBLIC INTERESTS; PROCEDURE.
If the dispute is in any industry, business, or institution affected with a public interest,
which includes, but is not restricted to, any industry, business, or institution engaged in supplying
the necessities of life, safety, or health, so that a temporary suspension of its operation would
endanger the life, safety, health, or well-being of a substantial number of people of any
community, the provisions of section 179.06 shall apply. The commissioner may appoint a fact
finding commission composed of three members to conduct a hearing and make a report on
the issues involved and the merits of the respective contentions of the parties to the dispute.
If the commissioner decides to appoint a commission, the commissioner shall immediately
notify the parties to the labor dispute. The members of such commission shall on account of
vocations, employment, or affiliations be representatives of employees, employers, and the
public, respectively. If and when the commissioner notifies the parties of the decision to appoint
a commission, neither party to the dispute shall make any change in the situation affecting
the dispute and no strike or lockout shall be instituted until 30 days after the commissioner's
notification to the parties. If the commissioner fails to appoint a commission within five days after
notification to the parties, this limitation on the parties shall be suspended and inoperative. If the
commissioner thereafter appoints a commission, no strike or lockout having been instituted in the
meantime, the limitation shall again become operative, but in no case for more than the original
30-day period. The 30-day period may be extended by stipulation of the parties to the labor
dispute, which shall be filed with the commissioner. The commission shall meet within five days
of its appointment by the commissioner and conduct the hearings which are necessary to render
its report on the issues involved and merits of the contentions of the parties. The report of the
commission shall be filed with the commissioner not less than five days prior to the end of the
30-day period set forth above or any extension thereof. The commissioner shall provide copies of
the report to the parties to the dispute and may make the report public.
History: (4254-27) 1939 c 440 s 7; 1941 c 469 s 2; 1969 c 1129 art 2 s 6; 1986 c 444; 1987
c 45 s 3; 1987 c 186 s 15
179.08 POWERS OF COMMISSION APPOINTED BY COMMISSIONER.
(1) The commission appointed by the commissioner pursuant to the provisions of section
179.07 shall have the power to issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence which relates to any matter involved in any such
hearing, and may by its chair administer oaths and affirmations, and may examine witnesses. Such
attendance of witnesses and the production of such evidence may be required from any place in
the state at any designated place of hearing, but whenever practical hearings shall be held in a
county where the labor dispute has arisen or exists.
(2) In case of contumacy or refusal to obey a subpoena issued under clause (1), the district
court of the state for the county where the proceeding is pending or in which the person guilty of
such contumacy or refusal to obey is found, or resides, or transacts business, or application by
the commission shall have jurisdiction to issue to such person an order requiring such person to
appear before the commission, there to produce evidence as so ordered, or there to give testimony
touching the matter under investigation or in question, and any failure to obey such order of the
court may be punished by the court as a contempt thereof.
(3) Any party to or party affected by the dispute may appear before the commission in person
or by attorney or by their representative, and shall have the right to offer competent evidence and
to be heard on the issues before the report of the commission is made.
Any commissioners so appointed shall be paid a per diem allowance not to exceed that
established for arbitrators in section 179A.16, subdivision 8, and their necessary expenses
while serving.
History: (4254-28) 1939 c 440 s 8; 1941 c 469 s 3; 1969 c 1129 art 2 s 7; 1986 c 444; 1987
c 45 s 4; 1987 c 186 s 15
179.083 JURISDICTIONAL CONTROVERSIES.
Whenever two or more labor organizations adversely claim for themselves or their members
jurisdiction over certain classifications of work to be done for any employer or in any industry,
or over the persons engaged in or performing such work and such jurisdictional interference or
dispute is made the ground for picketing an employer or declaring a strike or boycott against the
employer, the commissioner may appoint a labor referee to hear and determine the jurisdictional
controversy. If the labor organizations involved in the controversy have an agreement between
themselves defining their respective jurisdictions, or if they are affiliated with the same labor
federation or organization which has by the charters granted to the contending organizations
limited their jurisdiction, the labor referee shall determine the controversy in accordance with
the proper construction of the agreement or of the provisions of the charters of the contending
organizations. If there is no agreement or charter which governs the controversy, the labor referee
shall make such decision as, in consideration of past history of the organization, harmonious
operation of the industry, and most effective representation for collective bargaining, will best
promote industrial peace. If the labor organizations involved in the controversy so desire, they
may submit the controversy to a tribunal of the federation or labor organization which has granted
their charters or to arbitration before a tribunal selected by themselves, provided the controversy is
so submitted prior to the appointment by the governor of a labor referee to act in the controversy.
After the appointment of the labor referee by the governor, or the submission of the controversy
to another tribunal as herein provided, it shall be unlawful for any person or labor organization
to call or conduct a strike or boycott against the employer or industry or to picket any place of
business of the employer or in the industry on account of such jurisdictional controversy.
History: 1943 c 624 s 6; 1969 c 1129 art 2 s 8; 1986 c 444; 1987 c 45 s 5; 1987 c 186 s 15
179.09 ARBITRATION.
When a labor dispute arises which is not settled by mediation such dispute may, by written
agreement of the parties, be submitted to arbitration on such terms as the parties may specify,
including among other methods the arbitration procedure under the terms of sections 572.08
to 572.26 and arbitration under the Voluntary Industrial Arbitration Tribunal of the American
Arbitration Association. If such agreement so provides, the commissioner of mediation services
may act as a member of any arbitration tribunal created by any such agreement and, if the
agreement so provides, the commissioner may appoint one or more of such arbitrators. Either
or both of the parties to any such agreement or any arbitration tribunal created under any such
agreement may apply to the commissioner to have the tribunal designated as a temporary
arbitration tribunal and, if so designated, the temporary arbitration tribunal shall have power to
administer oaths to witnesses and to issue subpoenas for the attendance of witnesses and the
production of evidence, which subpoenas shall be enforced in the same manner as subpoenas
issued by the commission under section 179.08. Any such temporary arbitration tribunal shall file
with the commissioner a copy of its report, duly certified by its chair.
History: (4254-29) 1939 c 440 s 9; 1957 c 633 s 24; 1969 c 1129 art 2 s 9; 1986 c 444;
1987 c 186 s 15
179.10 JOINING LABOR ORGANIZATIONS; UNITING FOR COLLECTIVE
BARGAINING.
    Subdivision 1. Employees' right of self-organization. Employees shall have the right of
self-organization and the right to form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in lawful, concerted activities for
the purpose of collective bargaining or other mutual aid or protection; and such employees shall
have the right to refrain from any and all such activities.
    Subd. 2. Employers associations. Employers have the right to associate together for the
purpose of collective bargaining.
History: (4254-30) 1939 c 440 s 10; 1941 c 469 s 4
179.11 UNFAIR LABOR PRACTICES BY EMPLOYEES.
It shall be an unfair labor practice:
(1) for any employee or labor organization to institute a strike if such strike is a violation of
any valid collective agreement between any employer and its employees or labor organization and
the employer is, at the time, in good faith complying with the provisions of the agreement, or to
violate the terms and conditions of such bargaining agreement;
(2) for any employee or labor organization to institute a strike if the calling of such strike
is in violation of sections 179.06 or 179.07;
(3) for any person to seize or occupy property unlawfully during the existence of a labor
dispute;
(4) for any person to picket or cause to be picketed a place of employment of which place
the person is not an employee while a strike is in progress affecting the place of employment,
unless the majority of persons engaged in picketing the place of employment at these times
are employees of the place of employment;
(5) for more than one person to picket or cause to be picketed a single entrance to any place
of employment where no strike is in progress at the time;
(6) for any person to interfere in any manner with the operation of a vehicle or the operator
thereof when neither the owner nor operator of the vehicle is at the time a party to a strike;
(7) for any employee, labor organization, or officer, agent, or member thereof, to compel
or attempt to compel any person to join or to refrain from joining any labor organization or any
strike against the person's will by any threatened or actual unlawful interference with the person,
or immediate family member, or physical property, or to assault or unlawfully threaten any such
person while in pursuit of lawful employment;
(8) unless the strike has been approved by a majority vote of the voting employees in a
collective bargaining unit of the employees of an employer or association of employers against
whom such strike is primarily directed, for any person or labor organization to cooperate in
engaging in, promoting or inducing a strike. Such vote shall be taken by secret ballot at an election
called by the collective bargaining agent for the unit, and reasonable notice shall be given to all
employees in the collective bargaining unit of the time and place of election; or
(9) for any person or labor organization to hinder or prevent by intimidation, force, coercion
or sabotage, or by threats thereof, the production, transportation, processing or marketing by a
producer, processor or marketing organization, of agricultural products, or to combine or conspire
to cause or threaten to cause injury to any processor, producer or marketing organization, whether
by withholding labor or other beneficial intercourse, refusing to handle, use or work on particular
agricultural products, or by other unlawful means, in order to bring such processor or marketing
organization against its will into a concerted plan to coerce or inflict damage upon any producer;
provided that nothing in this subsection shall prevent a strike which is called by the employees of
such producer, processor or marketing organization for the bona fide purpose of improving their
own working conditions or promoting or protecting their own rights of organization, selection of
bargaining representative or collective bargaining.
The violation of clauses (2), (3), (4), (5), (6), (7), (8) and (9) are hereby declared to be
unlawful acts.
History: (4254-31) 1939 c 440 s 11; 1941 c 469 s 7; 1943 c 624 s 2,3; 1986 c 444
179.12 EMPLOYERS' UNFAIR LABOR PRACTICES.
It is an unfair labor practice for an employer:
(1) to institute a lockout of its employees in violation of a valid collective bargaining
agreement between the employer and its employees or labor organization if the employees at the
time are in good faith complying with the provisions of the agreement, or to violate the terms
and conditions of the bargaining agreement;
(2) to institute a lockout of its employees in violation of section 179.06 or 179.07;
(3) to encourage or discourage membership in a labor organization by discrimination in
regard to hire or tenure of employment or any terms or conditions of employment; provided, that
this clause does not apply to the provisions of collective bargaining agreements entered into
voluntarily by an employer and its employees or a labor organization representing the employees
as a bargaining agent, as provided by section 179.16;
(4) to discharge or otherwise to discriminate against an employee because the employee
has signed or filed an affidavit, petition, or complaint or given information or testimony under
this chapter;
(5) to spy directly or through agents or any other persons upon activities of employees or
their representatives in the exercise of their legal rights;
(6) to distribute or circulate a blacklist of individuals exercising a legal right or of members
of a labor organization for the purpose of preventing individuals who are blacklisted from
obtaining or retaining employment;
(7) to engage or contract for the services of a person who is an employee of another if the
employee is paid a wage that is less than the wage to be paid by the engaging or contracting
employer under an existing union contract for work of the same grade or classification;
(8) willfully and knowingly to utilize a professional strikebreaker to replace an employee or
employees involved in a strike or lockout at a place of business located within this state; or
(9) to grant or offer to grant the status of permanent replacement employee to a person
for performing bargaining unit work for an employer during a lockout of employees in a labor
organization or during a strike of employees in a labor organization authorized by a representative
of employees.
The violation of clause (2), (4), (5), (6), (7), (8), or (9) is an unlawful act.
History: (4254-32) 1939 c 440 s 12; 1941 c 469 s 8; 1955 c 669 s 1; 1973 c 149 s 2; 1986
c 444; 1991 c 239 s 1; 1999 c 86 art 1 s 44
179.121 OPERATION OF VEHICLE WHERE DISPUTE IS IN PROGRESS.
Any person who operates a motor vehicle which is entering or leaving a place of business or
employment where there is a clear notice that a labor dispute is in progress, and who fails to bring
the vehicle to a full stop at the entrance to or exit from that place, or who fails to exercise caution
in entering or leaving that place, is guilty of a misdemeanor.
History: 1979 c 331 s 1
179.13 INTERFERENCES WHICH ARE UNLAWFUL.
    Subdivision 1. Unlawful acts. It shall be unlawful for any person at any time to interfere
with the free and uninterrupted use of public roads, streets, highways or methods of transportation
or conveyance or to wrongfully obstruct ingress to and egress from any place of business or
employment.
    Subd. 2. Unfair labor practice. It is an unfair labor practice for any employee or labor
organization to commit an unlawful act as defined in subdivision 1.
History: (4254-33) 1939 c 440 s 13; 1943 c 624 s 4
179.135 PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.
    Subdivision 1. Agreement protected from intervention. No employer holding a valid
collective bargaining agreement with any labor organization recognized or certified by the
commissioner of mediation services or the National Labor Relations Board as the accredited
bargaining representative for the employees or any group of employees of such employer shall be
required to enter into negotiations with any other labor organization respecting the employees
covered by the existing union agreement, so long as the existing agreement remains in full force
and effect in accordance with its terms except where a successor labor organization has been
certified as the representative of the employees covered by such agreement by the commissioner
of mediation services or the National Labor Relations Board and recognized by the employer.
    Subd. 2. Prohibition against violation. The violation of the provisions of this section by any
officer, business agent, employee or other representative of any labor organization is prohibited.
History: 1947 c 593 s 1,2; 1969 c 1129 art 2 s 10; 1987 c 186 s 15
179.14 INJUNCTIONS; TEMPORARY RESTRAINING ORDERS.
When any unfair labor practice is threatened or committed, a suit to enjoin such practice
may be maintained in the district court of any county wherein such practice has occurred or is
threatened. In any suit to enjoin any of the unfair labor practices set forth in sections 179.11 and
179.12, the provisions of sections 185.02 to 185.19 shall not apply. No court of the state shall
have jurisdiction to issue a temporary or permanent injunction in any case involving or growing
out of the violation of sections 179.11 and 179.12, as herein defined, except after hearing the
testimony of witnesses in open court, with opportunity for cross-examination, in support of the
allegations made under oath, and testimony in opposition thereto, if offered, and except after
findings of fact by the court to the effect that the acts set forth in sections 179.11 and 179.12 have
been threatened and will be committed unless restrained, or have been committed and will be
continued unless restrained. No temporary restraining order may be issued under the provisions of
sections 179.01 to 179.17 except upon the testimony of witnesses produced by the applicant in
open court and upon a record being kept of such testimony nor unless the temporary restraining
order is returnable within seven days from the time it is granted which shall be noted on the order
of the court. It shall be the duty of the court to give the trial or hearing of any suits or proceedings
arising under this section precedence over all other civil suits which are ready for trial. Failure of
the trial court to decide a motion for a temporary injunction within seven days from the date the
hearing thereon is concluded shall dissolve any restraining order issued therein without further
order of the court. Failure of the trial court to decide any suit brought under this section within 45
days from the date the trial was ended shall dissolve any restraining order or temporary injunction
issued therein without further order of the court.
History: (4254-34) 1939 c 440 s 14; 1941 c 469 s 5; 1943 c 658 s 1
179.15 VIOLATORS NOT ENTITLED TO BENEFITS OF CERTAIN SECTIONS.
Any employer, employee, or labor organization who has violated any of the provisions
of sections 179.01 to 179.17 with respect to any labor dispute shall not be entitled to any of
the benefits of sections 179.01 to 179.17 respecting such labor disputes and such employer,
employee, or labor organization shall not be entitled to maintain in any court of this state an
action for injunctive relief with respect to any matters growing out of that labor dispute, until
good faith use is made of all means available under the laws of the state of Minnesota for the
peaceable settlement of the dispute.
History: (4254-35) 1939 c 440 s 15; 1986 c 444
179.16 REPRESENTATIVES FOR COLLECTIVE BARGAINING.
    Subdivision 1. To be exclusive. Representatives designated or selected for the purpose of
collective bargaining by the majority of the employees in a unit appropriate for such purposes
shall be the exclusive representatives of all the employees in such unit for the purposes of
collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions
of employment, provided, that any individual employee or group of employees shall have the
right at any time to present grievances to their employer in person or through representatives of
their own choosing.
    Subd. 2. Certification of group representative by commissioner. When a question
concerning the representative of employees is raised by an employee, group of employees, labor
organization, or employer the commissioner of mediation services or any person designated by the
commissioner shall, at the request of any of the parties, investigate such controversy and certify
to the parties in writing, the name or names of the representatives that have been designated or
selected. The commissioner shall decide in each case whether, in order to insure to employees
the full benefit of their right to self-organization and to collective bargaining and otherwise to
effectuate the purpose of this chapter, the unit appropriate for the purpose of collective bargaining
shall be the employer unit, craft unit, plant unit; provided, that any larger unit may be decided
upon with the consent of all employers involved, and provided that when a craft exists, composed
of one or more employees then such craft shall constitute a unit appropriate for the purpose of
collective bargaining for such employee or employees belonging to such craft and a majority of
such employees of such craft may designate a representative for such unit. Two or more units
may, by voluntary consent, bargain through the same agent or agents with an employer or
employers, their agent or agents. Supervisory employees shall not be considered in the selection
of a bargaining agent. In any such investigation, the commissioner may provide for an appropriate
hearing, and may take a secret ballot of employees or utilize any other suitable method to ascertain
such representatives, but the commissioner shall not certify any labor organization which is
dominated, controlled, or maintained by an employer. If the commissioner has certified the
representatives as herein provided, the commissioner shall not be required to again consider the
matter for a period of one year unless it appears to the commissioner that sufficient reason exists.
    Subd. 3. Witnesses; powers of commissioner. In the investigation of any controversy
concerning the representative of employees for collective bargaining, the commissioner of
mediation services shall have power to issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence which relates directly to any matter involved in any
such hearing, and the commissioner or representative may administer oaths and affirmations, and
may examine witnesses. Such attendance of witnesses and the production of such evidence may
be required from any place in the state at any designated place of hearing, but hearings shall be
held in a county where the question has arisen or exists.
    Subd. 4. Contempt of court. In case of contumacy or refusal to obey a subpoena issued
under this section, the district court of the county where the proceeding is pending or in which the
person guilty of such contumacy or refusal to obey is found or resides shall have jurisdiction to
issue to such person an order requiring such person to appear and testify or produce evidence,
as the case may require, and any failure to obey such order of the court may be punished by the
court as a contempt thereof.
History: (4254-36) 1939 c 440 s 16; 1941 c 469 s 6; 1969 c 1129 art 2 s 11,12; 1986 c
444; 1987 c 186 s 15
179.17 CITATION, LABOR RELATIONS ACT.
Sections 179.01 to 179.17 may be cited as the Minnesota Labor Relations Act.
History: 1939 c 440 s 19

MINNESOTA LABOR UNION DEMOCRACY ACT

179.18 DEFINITIONS; MINNESOTA LABOR UNION DEMOCRACY ACT.
    Subdivision 1. Persons. "Persons" includes individuals, partnerships, associations,
corporations, trustees, and receivers.
    Subd. 2. Labor organization. "Labor organization" means any organization of employees or
of persons seeking employment which exists for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances or terms or conditions of
employment, but shall not include any labor organization subject to the Federal Railway Labor
Act, as amended from time to time.
    Subd. 3. Employer. "Employer" includes all persons employing others and all persons acting
in the interest of an employer, but does not include the state or any political or governmental
subdivision thereof, nor any person subject to the Federal Railway Labor Act, as amended from
time to time.
    Subd. 4. Employee. "Employee" includes, in addition to the accepted definition of the
word, any employee whose work has ceased because of any unfair labor practice as defined in
section 179.12 on the part of the employer or because of any current labor dispute and who has
not obtained other regular and substantially equivalent employment, but does not include any
individuals employed in agricultural labor or by a parent or spouse or in domestic service of any
person at the person's own home.
    Subd. 5. Representative of employees. "Representative of employees" means any
person acting or asserting the right to act for employees or persons seeking employment in
collective bargaining or dealing with employers concerning grievances or terms or conditions of
employments.
    Subd. 6. Competent evidence. "Competent evidence" means evidence admissible in a court
of equity and such other evidence other than hearsay as is relevant and material to the issue and is
of such character that it would be accepted by reasonable persons as worthy of belief.
History: 1943 c 625 s 1; 1986 c 444
179.19 ELECTION OF OFFICERS OF LABOR ORGANIZATION.
The officers of every labor organization shall be elected for such terms, not exceeding four
years, as the constitution or bylaws may provide. The election shall be by secret ballot. The
constitution or bylaws may provide for multiple choice voting, nomination by primaries or runoff
elections, or other method of election by which selection by a majority may be obtained. In the
absence of such provision, the candidate for any office receiving the largest number of votes
cast for that office shall be declared elected. It is the duty of every labor organization and the
officers thereof to hold an election for the purpose of electing the successor of every such officer
prior to the expiration of a term. Any employee who is elected to a full time position in a labor
organization shall be given a leave of absence for the duration of time holding such office, without
losing seniority or entitlement to any rights acquired as a result of employment.
History: 1943 c 625 s 2; 1969 c 853 s 1; 1986 c 444
179.20 NOTICE OF ELECTIONS GIVEN.
    Subdivision 1. Publication. No election required hereunder shall be valid unless reasonable
notice thereof shall have been given to all persons eligible to vote thereat. Proof of publication
of notice of an election in a trade union paper of general circulation among the membership of
the union holding such election shall be conclusive proof of reasonable notice as required in
this subdivision.
    Subd. 2. Plurality required. No result of an election required hereunder shall be valid unless
a plurality of the eligible persons voting thereat shall have cast their votes by secret ballot in
favor of such result.
History: 1943 c 625 s 3
179.21 REPORTS OF RECEIPTS AND DISBURSEMENTS.
It is hereby made the duty of the officer of every labor organization who is charged with
responsibility of money and property thereof to furnish to the members thereof in good standing a
statement of the receipts and disbursements of the labor organization from the date of the next
preceding statement and the assets and liabilities thereof to the date of the current statement. Such
statement shall be furnished by such officer at the time prescribed by the constitution or laws of
the labor organization, or it shall be furnished not later than the 1st day of July next following
such calendar year.
History: 1943 c 625 s 4
179.22 LABOR REFEREE.
The commissioner may from time to time appoint labor referees for particular disputes under
sections 179.18 to 179.25. Such appointment shall be for the duration only of the particular
dispute. Such labor referees shall be paid a per diem allowance not to exceed that established for
arbitrators in section 179A.16, subdivision 8, while so engaged, and their necessary expenses.
When approved by the commissioner, the commissioner shall cause to be paid, from the
appropriation to the commissioner, the amount due to the labor referees for services and expenses.
History: 1943 c 625 s 5; 1969 c 1129 art 2 s 13; 1986 c 444; 1987 c 45 s 6; 1987 c 186 s 15
179.23 [Repealed, 1987 c 45 s 9]
179.231 VIOLATIONS.
    Subdivision 1. Commissioner may appoint referee. Whenever it reasonably appears to
the commissioner that a labor organization has failed to comply with any of the requirements of
sections 179.18 to 179.25, the commissioner may appoint a labor referee to act in the dispute.
    Subd. 2. Hearing. Within ten days of appointment, the labor referee shall fix a time and
place for a hearing upon the matter and send written notice thereof to the labor organization,
and its officers who are charged in the complaint, the complainant, and to other persons who
are parties to the dispute.
    Subd. 3. Appearance; evidence. A party to or party affected by the dispute may appear at
the hearing before the labor referee in person, by attorney, or by other representative. The party
has the right to offer competent evidence and to be heard on the issues before an order is made by
the referee. Within 30 days of the close of the hearing, the referee shall prepare and file with the
commissioner findings of fact and an order sustaining or dismissing the charges. If the charges are
sustained, a labor organization may be suspended from acting as the representative of employees
by the commissioner until the basis for the failure to comply with the requirements of sections
179.18 to 179.25 has been removed as provided in subdivision 4. The commissioner shall suspend
a labor organization which does not act affirmatively to remove the basis of sustained charges
within 30 days of the filing of the referee's order with the commissioner.
    Subd. 4. Removal of suspension. A labor organization which has had charges sustained
against it under this section, whether suspended from acting as the representative of employees or
not, may remove the basis for the charges or suspension by applying to the commissioner and
submitting proof that the basis for the charges has been removed or corrected. Upon receipt of
the application, the commissioner shall notify all parties to the hearing before the referee of the
filing of the application. If within 20 days after providing notice, written objection by one of the
parties to the removal of the basis or suspension is received by the commissioner, the matter
shall be referred for additional investigation by a referee under this section. If no objection is so
filed, the commissioner shall provide written notice of the removal of the basis for the original
complaint and remove any suspension imposed.
    Subd. 5. Powers of labor referee. A labor referee appointed by the commissioner under this
section shall have the same powers as provided to commissions under section 179.08.
History: 1987 c 45 s 7; 1987 c 186 s 15
179.24 [Repealed, 1987 c 45 s 9]
179.25 CITATION, LABOR UNION DEMOCRACY ACT.
Sections 179.18 to 179.25 may be cited as the Minnesota Labor Union Democracy Act.
History: 1943 c 625 s 8
179.254 CONSTRUCTION WORKERS INSURANCE BENEFIT FUNDS; DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 179.254 to 179.256, the following terms
shall have the meanings subscribed to them.
    Subd. 2. Benefit fund. "Benefit fund" means any trust fund established and operated for
the purpose of providing medical, hospitalization, and other types of insurance, and other health,
welfare and pension benefits for construction workers.
    Subd. 3. Construction worker. "Construction worker" means any laborer or member of a
trade who is employed in the building or construction industry and who is engaged in, but not
limited to, any of the following occupations: carpenters, electricians, plumbers, bricklayers,
masons, steamfitters, pipefitters, iron workers, sheet metal workers, cement finishers, laborers,
operating engineers, lathers, plasterers, painters, pipe coverers, and glaziers.
    Subd. 4. Member. "Member" means any construction worker who is qualified to receive
benefits from a benefit fund under the rules of that fund.
History: 1974 c 50 s 1; 1976 c 232 s 1; 1986 c 444
179.255 PAYMENTS INTO HOME BENEFIT FUND.
Whenever a construction worker who is a member of a benefit fund works temporarily in
a location such that contributions are made by or for the worker into another benefit fund, the
trustees of the fund, or their agent, shall pay all such money to the trustees of the fund to which
the construction worker is a member, except that such payment shall not exceed the rate of
contribution to the fund in which the construction worker is a member. Payments may be made
by check and shall be made promptly and regularly, at least once every 30 days. Each such
payment from the trustees of one fund to the trustees of another shall be accompanied by a written
statement including the name, address, and Social Security number of each construction worker
for whom payment is made, the amount being paid for each worker, and the number of hours
of work for which payment is being made.
History: 1974 c 50 s 2; 1986 c 444
179.256 NOTIFICATION.
Whenever a construction worker may qualify for the reimbursement of benefit payments to
a home benefit fund as described in section 179.255, the trustees of the benefit fund of which
the worker is a member, or their agent, shall so notify the trustees of the benefit fund to which
payments will be made during the temporary period of work. Such notification shall be made
promptly in writing and shall include the name, address, and Social Security number of the
construction worker and the starting date of the temporary period of work.
History: 1974 c 50 s 3; 1986 c 444
179.257 APPLICATION.
The provisions of sections 179.254 to 179.256 requiring the transfer of payments between
benefit funds shall apply only to those benefit funds which are established, located and maintained
within this state. However nothing contained herein shall be construed to discourage the
legislature of another state or to prohibit the trustees of a benefit fund which is located in another
state from providing, in accordance with sections 179.254 to 179.257 and on a wholly reciprocal
basis, transfers between such foreign benefit fund or funds and a benefit fund located within the
state of Minnesota.
History: 1974 c 50 s 4

CERTAIN REPRESENTATION DISPUTES;

STRIKES, BOYCOTTS PROHIBITED

179.26 DEFINITIONS; CERTAIN REPRESENTATION DISPUTES.
When used in sections 179.26 to 179.29, unless the context clearly indicates otherwise, each
of the following words: employee, labor organization, strike, and lockout shall have the meaning
ascribed to it in section 179.01.
History: 1945 c 414 s 1; 1949 c 299 s 1
179.27 STRIKES OR BOYCOTTS PROHIBITED.
When certification of a representative of employees for collective bargaining purposes has
been made by proper federal or state authority, it is unlawful during the effective period of such
certification for any employee, representative of employees or labor organization to conduct a
strike or boycott against the employer of such employees or to picket any place of business of the
employer in order, by such strike, boycott or picketing, (1) to deny the right of the representative
so certified to act as such representative or (2) to prevent such representative from acting as
authorized by such certification, or (3) to interfere with the business of the employer in an effort
to do either act specified in clauses (1) and (2) hereof.
History: 1945 c 414 s 2
179.28 RECOVERY FOR TORT.
Any employer injured through commission of any unlawful act as provided in section
179.27 shall have a cause of action against any employees, representative of employees, or
labor organization committing such unlawful act, and shall recover in a civil action all damages
sustained by the employer from such injury.
History: 1945 c 414 s 3; 1986 c 444
179.29 DISTRICT COURT HAS JURISDICTION.
The district court of any county in which the employer does any business shall have
jurisdiction to entertain an action arising under sections 179.26 to 179.29. Such action shall be
tried by the court with a jury unless a jury be waived.
History: 1945 c 414 s 4

HOSPITALS; STRIKES PROHIBITED,

COMPULSORY ARBITRATION REQUIRED

179.35 DEFINITIONS; HOSPITAL NO STRIKE AND ARBITRATION ACT.
    Subdivision 1. Scope. Unless the language or context clearly indicates that a different
meaning is intended, the following words, terms and phrases, for the purposes of sections 179.35
to 179.39, shall be given the meanings subjoined to them.
    Subd. 2. Charitable hospital. "Charitable hospital" includes all county and municipal
hospitals and any hospital no part of the net income of which inures to the benefit of any private
member, stockholder, or individual.
    Subd. 3. Hospital employee. "Hospital employee" includes any person employed in any
capacity by a charitable hospital, except an employee whose services are performed exclusively in
connection with the operation of a commercial or industrial enterprise owned or operated by the
charitable hospital for the production of profit, irrespective of the purposes to which such profit
may be applied, and not engaged in any activity affecting the essential functions of the hospital.
    Subd. 4. Labor dispute. "Labor dispute" includes any controversy concerning employment,
tenure, conditions, or terms of employment or concerning the association or right of representation
of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms, tenure, or
other conditions of employment, regardless of whether or not the relationship of employer and
employee exists as to the disputants.
    Subd. 5. Strike. "Strike" means the temporary stoppage of work by the concerted action of
two or more hospital employees as a result of a labor dispute.
    Subd. 6. Lockout. "Lockout" means the refusal of a charitable hospital to furnish work
to employees as a result of a labor dispute.
History: 1947 c 335 s 1; 1973 c 626 s 1
179.36 STRIKES PROHIBITED.
It is unlawful for any hospital employee or representative of the employee, as defined in
Minnesota Statutes 1945, section 179.01, subdivision 5, to encourage, participate in, or cause any
strike or work stoppage against or directly involving a charitable hospital.
History: 1947 c 335 s 2
179.37 LOCKOUTS PROHIBITED.
It is contrary to public policy and is hereby declared to be unlawful for any charitable
hospital to institute, cause, or declare any lockout.
History: 1947 c 335 s 3
179.38 ARBITRATION MANDATORY.
In the event of the existence of any labor dispute which cannot be settled by negotiation
between the charitable hospital employers and their employees, either such employers or
employees may petition and avail themselves of the provisions of sections 179.01 to 179.17,
insofar as sections are not inconsistent with the provisions of sections 179.35 to 179.39. If
such dispute is not settled within ten days after submission to mediation, any unsettled issue
concerning terms and conditions of employment, and other conditions of employment concerning
union security shall, upon service of written notice by either party upon the other party and the
commissioner, be submitted to the determination of a board of arbitrators whose determination
shall be final and binding upon the parties. For public employers, "terms and conditions of
employment" has the meaning given it in section 179A.03, subdivision 19. The board of
arbitrators shall be selected and proceed in the following manner, unless otherwise agreed between
the parties: the employers shall appoint one arbitrator, the employees shall appoint one arbitrator,
and the two arbitrators so chosen shall appoint a third arbitrator who shall act as chair and who
shall receive reasonable compensation for the work; but if said arbitrators are unable to agree
upon the appointment of such third arbitrator within five days after submission to arbitration, the
commissioner shall submit five names to the parties and the parties shall select the third arbitrator,
who shall act as chair, from the five submitted by the commissioner. The selection of the third
arbitrator shall be by the process of elimination, with the parties taking turns at striking names
from the list of five submitted by the commissioner, until only one name remains. If the parties are
unable to agree with respect to which party shall take the first turn for the purpose of striking a
name, it shall be decided by the flip of a coin. Each party shall be responsible for compensating
the arbitrator of their choice, and the parties shall share equally the compensation paid to the third
arbitrator. The board of arbitrators shall serve as a temporary arbitration tribunal and shall have
the powers provided for commissioners under section 179.08. The board of arbitrators shall make
its determination with all due diligence and shall file a copy of its report with the commissioner.
History: 1947 c 335 s 4; 1969 c 1129 art 2 s 19; 1973 c 723 s 1; 1986 c 444; 1987 c 45 s
8; 1987 c 186 s 15; 1996 c 382 s 1
179.39 SECTIONS NOT APPLICABLE.
The provisions of Minnesota Statutes 1945, sections 185.02 to 185.19, shall not apply in the
case of a threatened or existing strike or other work stoppage by hospital employees or in the case
of a lockout by a charitable hospital, and such threatened or existing strike or other work stoppage
or lockout may be enjoined by a court of equity.
History: 1947 c 335 s 5

SECONDARY BOYCOTTS PROHIBITED

179.40 SECONDARY BOYCOTT; DECLARATION OF POLICY.
As a guide to the interpretation and application of sections 179.40 to 179.47, the public
policy of this state is declared to be:
To protect and promote the interests of the public, employees and employers alike, with due
regard to the situation and to the rights of the others;
To promote industrial peace, regular and adequate income for employees, and uninterrupted
production of goods and services; and
To reduce the serious menace to the health, morals and welfare of the people of this state
arising from economic insecurity due to stoppages and interruptions of business and employment.
It is recognized that whatever may be the rights of disputants with respect to each other in
any controversy, they should not be permitted, in their controversy, to intrude directly into the
primary rights of third parties to earn a livelihood, transact business, and engage in the ordinary
affairs of life by lawful means and free from molestation, interference, restraint or coercion. The
legislature, therefore, declares that, in its considered judgment, the public good and the general
welfare of the citizens of this state will be promoted by prohibiting secondary boycotts and
other coercive practices in this state.
History: 1947 c 486 s 1
179.41 SECONDARY BOYCOTT DEFINED.
As used in sections 179.40 to 179.47, the term "secondary boycott" means any combination,
agreement, or concerted action;
(a) to refuse to handle goods or to perform services for an employer because of a labor
dispute, agreement, or failure of agreement between some other employer and its employees or
a bona fide labor organization, or
(b) to cease performing or to cause any employees to cease performing any services for an
employer, or to cause loss or injury to such employer or to its employees, for the purpose of
inducing or compelling such employer to refrain from doing business with, or handling the
products of, any other employer because of a dispute, agreement, or failure of agreement between
the latter and its employees or a labor organization, or
(c) to cease performing or to cause any employer to cease performing any services for
another employer, or to cause any loss or injury to such other employer, or to its employees, for
the purpose of inducing or compelling such other employer to refrain from doing business with,
or handling the products of, any other employer because of an agreement, dispute, or failure of
agreement between the latter and its employees or a labor organization.
History: 1947 c 486 s 2; 1986 c 444
179.42 UNLAWFUL ACT AND UNFAIR LABOR PRACTICE.
It is an unlawful act and an unfair labor practice for any person or organization to combine
with another, to cause loss or injury to an employer, to refuse to handle or work on particular
goods or equipment or perform services for an employer, or to withhold patronage, or to induce,
or to attempt to induce, another to withhold patronage or other business intercourse, for the
purpose of inducing or coercing such employer to persuade or otherwise encourage or discourage
its employees to join or to refrain from joining any labor union or organization or for the
purpose of coercing such employer's employees to join or refrain from joining any labor union
or organization.
History: 1947 c 486 s 3; 1986 c 444
179.43 ILLEGAL COMBINATION; VIOLATION OF PUBLIC POLICY.
A secondary boycott as hereinbefore defined is hereby declared to be an illegal combination
in restraint of trade and in violation of the public policy of this state.
History: 1947 c 486 s 4
179.44 UNFAIR LABOR PRACTICE.
The violation of any provision of section 179.41 is hereby declared to be an unfair labor
practice and an unlawful act.
History: 1947 c 486 s 5
179.45 RIGHTS AND REMEDIES.
Any person who shall be affected by, or subjected to, or threatened with a secondary boycott,
or any of the acts declared to be unlawful by sections 179.40 to 179.47, shall have all the rights
and remedies provided for in Minnesota Statutes 1945, chapter 179, but shall not be restricted to
such remedies.
History: 1947 c 486 s 6
179.46 LIMITATIONS; FEDERAL ACT.
Nothing in sections 179.40 to 179.47 shall be construed as requiring any person to work or
perform services against the person's will for any other person, nor to prohibit a strike, picketing
or bannering which is otherwise lawful under the statutes and laws of this state; nothing in
sections 179.40 to 179.47 shall be construed to apply to the refusal by an employee to enter upon
the premises of an employer other than the employee's own employer when the employees of
such other employer are engaged in a strike which is not an unfair labor practice, but does not
include any person subject to the Federal Railway Labor Act as amended from time to time.
History: 1947 c 486 s 7; 1986 c 444
179.47 CONSTRUCTION OF SECTIONS 179.40 TO 179.47.
Nothing contained in sections 179.40 to 179.47 is intended or shall be construed to repeal
sections 179.01 to 179.13 and 179.14 to 179.39, or any part or parts thereof.
History: 1947 c 486 s 9
179.50 [Repealed, Ex1971 c 33 s 17]
179.51 [Repealed, Ex1971 c 33 s 17]
179.52 [Repealed, Ex1971 c 33 s 17]
179.521 [Repealed, Ex1971 c 33 s 17]
179.522 [Repealed, Ex1971 c 33 s 17]
179.53 [Repealed, Ex1971 c 33 s 17]
179.54 [Repealed, Ex1971 c 33 s 17]
179.55 [Repealed, Ex1971 c 33 s 17]
179.56 [Repealed, Ex1971 c 33 s 17]
179.57 [Repealed, Ex1971 c 33 s 17]
179.571 [Repealed, Ex1971 c 33 s 17]
179.572 [Repealed, Ex1971 c 33 s 17]
179.58 [Repealed, Ex1971 c 33 s 17]

PROHIBITING COERCION OF EMPLOYEE

179.60 INTERFERING WITH EMPLOYEE OR MEMBERSHIP IN UNION.
It shall be unlawful for any person, company, or corporation, or any agent, officer, or
employee thereof, to coerce, require, or influence any person to enter into any agreement, written
or verbal, not to join, become, or remain a member of any lawful labor organization or association,
as a condition of securing or retaining employment with such person, firm, or corporation. It
shall be unlawful for any person, company, or corporation, or any officer or employee thereof,
to coerce, require, or influence any person to contribute or pay to any person, company, or
corporation, or any officer or employee thereof, any sum of money or other valuable thing for
the sole purpose of securing or retaining employment with such person, firm, or corporation. It
shall be unlawful for any two or more corporations or employers to combine, to agree to combine,
or confer together for the purpose of interfering with any person in procuring, or in preventing
the person from procuring, employment, or to secure the discharge of any employee by threats,
promises, circulating blacklists, or any other means whatsoever. It shall be unlawful for any
company or corporation, or any agent or employee thereof, to blacklist any discharged employee,
or by word or writing seek to prevent, hinder, or restrain a discharged employee, or one who has
voluntarily left its employ, from obtaining employment elsewhere. Every person and corporation
violating any of the foregoing provisions shall be guilty of a misdemeanor.
History: (10378) RL s 5097; 1921 c 389 s 1; 1986 c 444
179.61 [Repealed, 1984 c 462 s 28]
179.62 [Repealed, 1984 c 462 s 28]
179.63 [Repealed, 1984 c 462 s 28]
179.64 [Repealed, 1984 c 462 s 28]
179.65 [Repealed, 1984 c 462 s 28]
179.66 [Repealed, 1984 c 462 s 28]
179.67 [Repealed, 1984 c 462 s 28]
179.68 [Repealed, 1984 c 462 s 28]
179.69 [Repealed, 1984 c 462 s 28]
179.691 [Repealed, 1984 c 462 s 28]
179.692 [Repealed, 1984 c 462 s 28]
179.70 [Repealed, 1984 c 462 s 28]
179.71 [Repealed, 1984 c 462 s 28]
179.72 [Repealed, 1984 c 462 s 28]
179.73 [Repealed, 1984 c 462 s 28]
179.74 [Repealed, 1984 c 462 s 28]
179.741 [Repealed, 1984 c 462 s 28]
179.7411 [Repealed, 1984 c 462 s 28]
179.742 [Repealed, 1984 c 462 s 28]
179.743 [Repealed, 1984 c 462 s 28]
179.75 [Repealed, 1984 c 462 s 28]
179.76 [Repealed, 1984 c 462 s 28]
179.77 [Repealed, 1973 c 635 s 37]

LABOR-MANAGEMENT COMMITTEE GRANT PROGRAM

179.81 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 179.81 to 179.85, the terms defined in
this section have the meanings given them.
    Subd. 2. Area labor-management committee or committee. "Area labor-management
committee" or "committee" means a committee formed by and composed of multiple employers
and multiple labor organizations within a geographic area or statewide employment sector, for the
purpose of improving labor-management relations and enhancing economic development within a
given geographic jurisdiction or sector through labor-management cooperation.
    Subd. 3. Bureau. "Bureau" means the Bureau of Mediation Services.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of the Bureau of
Mediation Services.
History: 1Sp1985 c 13 s 282; 1988 c 480 s 1,2
179.82 GRANT PROGRAM CREATED; APPLICATIONS.
    Subdivision 1. Creation. An area labor-management committee grant program is created
within the bureau to be administered by the commissioner.
    Subd. 2. Rules. Applications for area/statewide industry labor-management committee
grants must be submitted to the bureau under rules adopted by the commissioner.
History: 1Sp1985 c 13 s 283; 1988 c 480 s 3
179.83 ACTION ON APPLICATION.
    Subdivision 1. Standard for approval. Following an established calendar, the commissioner
shall review the applications. Grants must be awarded on a competitive basis based on the
appropriateness of the proposal, the attainability of the goals, the evidence of interest in the
proposal among representatives of labor and management in the area within the committee's
jurisdiction, and the thoroughness of the financial plan presented. Successful applicants shall be
notified of the award no later than December 1 of each year.
    Subd. 2.[Repealed, 1988 c 480 s 7]
History: 1Sp1985 c 13 s 284; 1988 c 480 s 4
179.84 GENERAL CONDITIONS AND TERMS OF GRANTS.
    Subdivision 1. Requirements. For each grant awarded the commissioner shall:
(1) require an approved work plan that establishes measurable goals and objectives for the
committee within the committee's area of responsibility and that prohibits the committee from
becoming involved in contract disputes, labor negotiations, or grievance procedures; and
(2) annually review the operating performance of each area labor-management committee
receiving state money under this program.
    Subd. 2.[Repealed, 1988 c 480 s 7]
History: 1Sp1985 c 13 s 285; 1988 c 480 s 5; 1990 c 546 s 2
179.85 FUNDING LIMITATIONS.
A new or existing area labor-management committee may apply for a maximum grant
of $75,000 per year. A new or existing area labor-management committee may be awarded
state grant money, and must provide money from other nonstate sources, in the following ratio
of state and nonstate money: in the first year, 90 percent state and ten percent nonstate; in the
second year, 80 percent state and 20 percent nonstate; in the third year and beyond, 50 percent
state and 50 percent nonstate.
History: 1Sp1985 c 13 s 286; 1988 c 480 s 6; 1990 c 546 s 3

Official Publication of the State of Minnesota
Revisor of Statutes