179A.07 RIGHTS AND OBLIGATIONS OF EMPLOYERS.
Subdivision 1. Inherent managerial policy.
A public employer is not required to meet
and negotiate on matters of inherent managerial policy. Matters of inherent managerial policy
include, but are not limited to, such areas of discretion or policy as the functions and programs of
the employer, its overall budget, utilization of technology, the organizational structure, selection
of personnel, and direction and the number of personnel. No public employer shall sign an
agreement which limits its right to select persons to serve as supervisory employees or state
managers under section
43A.18, subdivision 3
, or requires the use of seniority in their selection.
Subd. 2. Meet and negotiate.
(a) A public employer has an obligation to meet and negotiate
in good faith with the exclusive representative of public employees in an appropriate unit
regarding grievance procedures and the terms and conditions of employment, but this obligation
does not compel the public employer or its representative to agree to a proposal or require the
making of a concession.
The public employer's duty under this subdivision exists notwithstanding contrary provisions
in a municipal charter, ordinance, or resolution. A provision of a municipal charter, ordinance,
or resolution which limits or restricts a public employer from negotiating or from entering into
binding contracts with exclusive representatives is superseded by this subdivision.
(b) In addition, a public employer may, but does not have an obligation to, meet and
negotiate in good faith with the exclusive representative of public employees in an appropriate
unit regarding an employer contribution to the state of Minnesota deferred compensation plan
authorized by section
356.24, paragraph (a)
, clause (4), within the limits set by section
, clause (4).
Subd. 3. Meet and confer.
A public employer has the obligation to meet and confer, under
, with professional employees to discuss policies and other matters relating to
their employment which are not terms and conditions of employment.
Subd. 4. Other communication.
If an exclusive representative has been certified for an
appropriate unit, the employer shall not meet and negotiate or meet and confer with any employee
or group of employees who are in that unit except through the exclusive representative. This
subdivision does not prevent communication to the employer, other than through the exclusive
representative, of advice or recommendations by professional employees, if this communication
is a part of the employee's work assignment. This subdivision does not prevent communication
between public postsecondary employers and postsecondary professional employees, other than
through the exclusive representative, regarding policies and matters that are not terms and
conditions of employment.
Subd. 5. Arbitrators pay and hiring.
An employer may hire and pay for arbitrators desired
or required by sections
Subd. 6. Time off.
A public employer must afford reasonable time off to elected officers or
appointed representatives of the exclusive representative to conduct the duties of the exclusive
representative and must, upon request, provide for leaves of absence to elected or appointed
officials of the exclusive representative or to a full-time appointed official of an exclusive
representative of teachers in another Minnesota school district.
Subd. 7.[Repealed, 1Sp2001 c 10 art 2 s 102
History: 1984 c 462 s 8; 1988 c 605 s 5; 1994 c 647 art 8 s 27; 1995 c 212 art 2 s 9;
1996 c 425 s 9