2006 Minnesota Statutes

CHAPTER 179A. PUBLIC EMPLOYMENT LABOR RELATIONS

179A.01 PUBLIC POLICY.
It is the public policy of this state and the purpose of sections 179A.01 to 179A.25 to
promote orderly and constructive relationships between all public employers and their employees.
This policy is subject to the paramount right of the citizens of this state to keep inviolate the
guarantees for their health, education, safety, and welfare.
The relationships between the public, public employees, and employer governing bodies
involve responsibilities to the public and a need for cooperation and employment protection which
are different from those found in the private sector. The importance or necessity of some services
to the public can create imbalances in the relative bargaining power between public employees
and employers. As a result, unique approaches to negotiations and resolutions of disputes between
public employees and employers are necessary.
Unresolved disputes between the public employer and its employees are injurious to the
public as well as to the parties. Adequate means must be established for minimizing them and
providing for their resolution. Within these limitations and considerations, the legislature has
determined that overall policy is best accomplished by:
(1) granting public employees certain rights to organize and choose freely their
representatives;
(2) requiring public employers to meet and negotiate with public employees in an appropriate
bargaining unit and providing that the result of bargaining be in written agreements; and
(3) establishing special rights, responsibilities, procedures, and limitations regarding public
employment relationships which will provide for the protection of the rights of the public
employee, the public employer, and the public at large.
Nothing in sections 179A.01 to 179A.25 impairs, modifies, or alters the authority of the
legislature to establish rates of pay, or retirement or other benefits for its employees.
History: 1984 c 462 s 2

179A.02 CITATION.
Sections 179A.01 to 179A.25 shall be known as the Public Employment Labor Relations Act.
History: 1984 c 462 s 3

179A.03 DEFINITIONS.
    Subdivision 1. General. For the purposes of sections 179A.01 to 179A.25, the terms defined
in this section have the meanings given them unless otherwise stated.
    Subd. 2. Appropriate unit. "Appropriate unit" or "unit" means a unit of employees
determined under sections 179A.09 to 179A.11. For school districts, the term means all the
teachers in the district.
    Subd. 3. Bureau. "Bureau" means the Minnesota Bureau of Mediation Services.
    Subd. 4. Confidential employee. "Confidential employee" means an employee who as
part of the employee's job duties:
(1) has access to labor relations information as that term is defined in section 13.37,
subdivision 1 , paragraph (c); or
(2) actively participates in the meeting and negotiating on behalf of the public employer.
    Subd. 5. Commissioner. "Commissioner of the Minnesota Bureau of Mediation Services" or
"commissioner" means the commissioner of the Bureau of Mediation Services.
    Subd. 6. Employee organization. "Employee organization" means any union or organization
of public employees whose purpose is, in whole or in part, to deal with public employers
concerning grievances and terms and conditions of employment.
    Subd. 7. Essential employee. "Essential employee" means firefighters, peace officers
subject to licensure under sections 626.84 to 626.863, 911 system and police and fire department
public safety dispatchers, guards at correctional facilities, confidential employees, supervisory
employees, assistant county attorneys, assistant city attorneys, principals, and assistant principals.
However, for state employees, "essential employee" means all employees in law enforcement,
public safety radio communications operators, health care professionals, correctional guards,
professional engineering, and supervisory collective bargaining units, irrespective of severance,
and no other employees. For University of Minnesota employees, "essential employee" means
all employees in law enforcement, nursing professional and supervisory units, irrespective of
severance, and no other employees. "Firefighters" means salaried employees of a fire department
whose duties include, directly or indirectly, controlling, extinguishing, preventing, detecting, or
investigating fires. Employees for whom the state court administrator is the negotiating employer
are not essential employees. For Hennepin Healthcare System, Inc. employees, "essential
employees" means all employees.
    Subd. 8. Exclusive representative. "Exclusive representative" means an employee
organization which has been certified by the commissioner under section 179A.12 to meet and
negotiate with the employer on behalf of all employees in the appropriate unit.
    Subd. 9. Fair share fee challenge. "Fair share fee challenge" means any proceeding or action
instituted by a public employee, a group of public employees, or any other person, to determine
their rights and obligations with respect to the circumstances or the amount of a fair share fee.
    Subd. 10. Meet and confer. "Meet and confer" means the exchange of views and concerns
between employers and their employees.
    Subd. 11. Meet and negotiate. "Meet and negotiate" means the performance of the mutual
obligations of public employers and the exclusive representatives of public employees to meet at
reasonable times, including where possible meeting in advance of the budget making process,
with the good faith intent of entering into an agreement on terms and conditions of employment.
This obligation does not compel either party to agree to a proposal or to make a concession.
    Subd. 12. Principal; assistant principal. "Principal" and "assistant principal" means any
person so licensed by the commissioner of education who devotes more than 50 percent of the
time to administrative or supervisory duties.
    Subd. 13. Professional employee. "Professional employee" means:
(a) any employee engaged in work (i) predominantly intellectual and varied in character as
opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent
exercise of discretion and judgment in its performance; (iii) of a character that the output
produced or the result accomplished cannot be standardized in relation to a given period of time;
and (iv) requiring advanced knowledge in a field of science or learning customarily acquired by a
prolonged course of specialized intellectual instruction and study in an institution of higher
learning or a hospital, as distinguished from a general academic education, an apprenticeship, or
training in the performance of routine mental, manual, or physical processes; or
(b) any employee, who (i) has completed the course of advanced instruction and study
described in clause (iv) of paragraph (a); and (ii) is performing related work under the supervision
of a professional person to qualify as a professional employee as defined in paragraph (a); or
(c) a teacher.
    Subd. 14. Public employee or employee. "Public employee" or "employee" means any
person appointed or employed by a public employer except:
(a) elected public officials;
(b) election officers;
(c) commissioned or enlisted personnel of the Minnesota National Guard;
(d) emergency employees who are employed for emergency work caused by natural disaster;
(e) part-time employees whose service does not exceed the lesser of 14 hours per week or 35
percent of the normal work week in the employee's appropriate unit;
(f) employees whose positions are basically temporary or seasonal in character and: (1) are
not for more than 67 working days in any calendar year; or (2) are not for more than 100 working
days in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer, and
have indicated, either in an application for employment or by being enrolled at an educational
institution for the next academic year or term, an intention to continue as students during or
after their temporary employment;
(g) employees providing services for not more than two consecutive quarters to the Board of
Trustees of the Minnesota State Colleges and Universities under the terms of a professional or
technical services contract as defined in section 16C.08, subdivision 1;
(h) employees of charitable hospitals as defined by section 179.35, subdivision 3;
(i) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number of
hours of service per week;
(j) an individual who is employed for less than 300 hours in a fiscal year as an instructor in
an adult vocational education program;
(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities to teach one course for three or fewer credits for one semester in a year;
(l) with respect to court employees:
(1) personal secretaries to judges;
(2) law clerks;
(3) managerial employees;
(4) confidential employees; and
(5) supervisory employees;
(m) with respect to employees of Hennepin Healthcare System, Inc., managerial, supervisory,
and confidential employees.
The following individuals are public employees regardless of the exclusions of clauses
(e) and (f):
(i) An employee hired by a school district or the Board of Trustees of the Minnesota State
Colleges and Universities except at the university established in section 136F.13 or for community
services or community education instruction offered on a noncredit basis: (A) to replace an
absent teacher or faculty member who is a public employee, where the replacement employee is
employed more than 30 working days as a replacement for that teacher or faculty member; or (B)
to take a teaching position created due to increased enrollment, curriculum expansion, courses
which are a part of the curriculum whether offered annually or not, or other appropriate reasons;
(ii) An employee hired for a position under clause (f)(1) if that same position has already
been filled under clause (f)(1) in the same calendar year and the cumulative number of days
worked in that same position by all employees exceeds 67 calendar days in that year. For the
purpose of this paragraph, "same position" includes a substantially equivalent position if it is not
the same position solely due to a change in the classification or title of the position; and
(iii) an early childhood family education teacher employed by a school district.
    Subd. 15. Public employer or employer. "Public employer" or "employer" means:
(a) the state of Minnesota for employees of the state not otherwise provided for in this
subdivision or section 179A.10 for executive branch employees;
(b) the Board of Regents of the University of Minnesota for its employees;
(c) the state court administrator for court employees;
(d) the state Board of Public Defense for its employees;
(e) Hennepin Healthcare System, Inc.; and
(f) notwithstanding any other law to the contrary, the governing body of a political
subdivision or its agency or instrumentality which has final budgetary approval authority for its
employees. However, the views of elected appointing authorities who have standing to initiate
interest arbitration, and who are responsible for the selection, direction, discipline, and discharge
of individual employees shall be considered by the employer in the course of the discharge of
rights and duties under sections 179A.01 to 179A.25.
When two or more units of government subject to sections 179A.01 to 179A.25 undertake
a project or form a new agency under law authorizing common or joint action, the employer
is the governing person or board of the created agency. The governing official or body of the
cooperating governmental units shall be bound by an agreement entered into by the created
agency according to sections 179A.01 to 179A.25.
"Public employer" or "employer" does not include a "charitable hospital" as defined in
section 179.35, subdivision 2.
Nothing in this subdivision diminishes the authority granted pursuant to law to an appointing
authority with respect to the selection, direction, discipline, or discharge of an individual
employee if this action is consistent with general procedures and standards relating to selection,
direction, discipline, or discharge which are the subject of an agreement entered into under
sections 179A.01 to 179A.25.
    Subd. 16. Strike. "Strike" means concerted action in failing to report for duty, the willful
absence from one's position, the stoppage of work, slowdown, or the abstinence in whole or in
part from the full, faithful, and proper performance of the duties of employment for the purposes
of inducing, influencing, or coercing a change in the conditions or compensation or the rights,
privileges, or obligations of employment.
    Subd. 17. Supervisory employee. "Supervisory employee" means a person who has the
authority to undertake a majority of the following supervisory functions in the interests of the
employer: hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of
other employees, direction of the work of other employees, or adjustment of other employees'
grievances on behalf of the employer. To be included as a supervisory function which the person
has authority to undertake, the exercise of the authority by the person may not be merely
routine or clerical in nature but must require the use of independent judgment. An employee,
other than an essential employee, who has authority to effectively recommend a supervisory
function, is deemed to have authority to undertake that supervisory function for the purposes of
this subdivision. The administrative head of a municipality, municipal utility, or police or fire
department, and the administrative head's assistant, are always considered supervisory employees.
The removal of employees by the employer from a nonsupervisory appropriate unit for the
purpose of designating the employees as "supervisory employees" shall require either the prior
written agreement of the exclusive representative and the written approval of the commissioner or
a separate determination by the commissioner before the redesignation is effective.
    Subd. 18. Teacher. "Teacher" means any public employee other than a superintendent or
assistant superintendent, principal, assistant principal, or a supervisory or confidential employee,
employed by a school district:
(1) in a position for which the person must be licensed by the Board of Teaching or the
commissioner of education; or
(2) in a position as a physical therapist or an occupational therapist.
    Subd. 19. Terms and conditions of employment. "Terms and conditions of employment"
means the hours of employment, the compensation therefor including fringe benefits except
retirement contributions or benefits other than employer payment of, or contributions to,
premiums for group insurance coverage of retired employees or severance pay, and the employer's
personnel policies affecting the working conditions of the employees. In the case of professional
employees the term does not mean educational policies of a school district. "Terms and conditions
of employment" is subject to section 179A.07.
    Subd. 20. Court employee. "Court employee" means a public employee employed by the
Supreme Court, Court of Appeals, or a judicial district that is under section 480.181, subdivision
1 , paragraph (b).
History: 1984 c 462 s 4; 1986 c 444; 1987 c 186 s 15; 1987 c 384 art 2 s 1; 1988 c 605 s
4; 1989 c 255 s 2; 1990 c 377 s 1; 1991 c 308 s 2; 1992 c 582 s 3-5; 1993 c 12 s 1; 1995 c 212
art 4 s 64; 1995 c 226 art 6 s 3; 1996 c 425 s 7; 1997 c 7 art 1 s 81,82; 1997 c 156 s 3; 1998 c
355 s 1; 1998 c 386 art 2 s 65; 1Sp1998 c 1 art 3 s 20; 1998 c 398 art 5 s 55; 1999 c 216 art
7 s 3-6; 1999 c 221 s 5; 2000 c 345 s 1; 2003 c 130 s 12; 2005 c 125 art 2 s 1-3; 1Sp2005 c 5
art 7 s 16; 1Sp2005 c 6 art 3 s 81

NOTE:The amendments to subdivisions 7, 14, and 15 by Laws 2005, chapter 125, article 2,
sections 1, 2, and 3 respectively, are effective the day after the Hennepin County Board files a
certificate of local approval in compliance with Minnesota Statutes, section 645.021, subdivision
3 . Laws 2005, chapter 125, article 1, section 29, as amended by Laws 2005, First Special Session
chapter 7, section 34; and Laws 2005, chapter 125, article 2, section 10.

179A.04 COMMISSIONER'S POWER, AUTHORITY, AND DUTIES.
    Subdivision 1. Petitions. The commissioner shall accept and investigate all petitions for:
(a) certification or decertification as the exclusive representative of an appropriate unit;
(b) mediation services;
(c) any election or other voting procedures provided for in sections 179A.01 to 179A.25;
(d) certification to the Board of Arbitration; and
(e) fair share fee challenges, upon the receipt of a filing fee. The commissioner shall hear and
decide all issues in a fair share fee challenge.
    Subd. 2. Unit determination. The commissioner shall determine appropriate units, under the
criteria of section 179A.09.
    Subd. 3. Other duties. (a) The commissioner shall:
(1) provide mediation services as requested by the parties until the parties reach agreement,
and may continue to assist parties after they have submitted their final positions for interest
arbitration;
(2) issue notices, subpoenas, and orders required by law to carry out duties under sections
179A.01 to 179A.25;
(3) assist the parties in formulating petitions, notices, and other papers required to be filed
with the commissioner;
(4) conduct elections;
(5) certify the final results of any election or other voting procedure conducted under
sections 179A.01 to 179A.25;
(6) adopt rules relating to the administration of this chapter and the conduct of hearings and
elections;
(7) receive, catalogue, file, and make available to the public all decisions of arbitrators and
panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions, and the
commissioner's orders and decisions;
(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section
179A.20, subdivision 4, that is available to any employee in a unit not covered by a contractual
grievance procedure;
(9) maintain a schedule of state employee classifications or positions assigned to each unit
established in section 179A.10, subdivision 2;
(10) collect fees established by rule for empanelment of persons on the labor arbitrator roster
maintained by the commissioner or in conjunction with fair share fee challenges;
(11) provide technical support and assistance to voluntary joint labor-management
committees established for the purpose of improving relationships between exclusive
representatives and employers, at the discretion of the commissioner;
(12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision
4 ; and
(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
representatives for the resolution of grievance or interest disputes. Each person on the list must be
knowledgeable about collective bargaining and labor relations in the public sector, well versed
in state and federal labor law, and experienced in and knowledgeable about labor arbitration.
To the extent practicable, the commissioner shall appoint members to the list so that the list is
gender and racially diverse.
(b) From the names provided by representative organizations, the commissioner shall
maintain a list of arbitrators to conduct teacher discharge or termination hearings according to
section 122A.40 or 122A.41. The persons on the list must meet at least one of the following
requirements:
(1) be a former or retired judge;
(2) be a qualified arbitrator on the list maintained by the bureau;
(3) be a present, former, or retired administrative law judge; or
(4) be a neutral individual who is learned in the law and admitted to practice in Minnesota,
who is qualified by experience to conduct these hearings, and who is without bias to either party.
Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota
School Boards Association a list of up to 14 names of persons to be on the list. The commissioner
may adopt rules about maintaining and updating the list.
    Subd. 4. Location of hearings. Hearings and mediation meetings authorized by this section
shall be held at a time and place determined by the commissioner, but, whenever practical, a
hearing shall be held in the general geographic area where the question has arisen or exists.
History: 1984 c 462 s 5; 1985 c 157 s 1; 1987 c 186 s 15; 1990 c 546 s 4; 1991 c 196 s 5;
1992 c 458 s 1; 1992 c 582 s 6; 1993 c 122 s 3; 1994 c 560 art 2 s 17; 1995 c 239 s 2; 1996 c
425 s 8; 1998 c 397 art 11 s 3; 1999 c 221 s 6; 2000 c 501 s 4

179A.05 [Repealed, 1992 c 582 s 26]

179A.051 APPEALS OF COMMISSIONER'S DECISIONS.
Decisions of the commissioner relating to supervisory, confidential, essential, and
professional employees, appropriateness of a unit, or fair share fee challenges may be reviewed
on certiorari by the Court of Appeals. A petition for a writ of certiorari must be filed and served
on the other party or parties and the commissioner within 30 days from the date of the mailing
of the commissioner's decision. The petition must be served on the other party or parties at the
party's or parties' last known address.
History: 1992 c 582 s 7

179A.06 RIGHTS AND OBLIGATIONS OF EMPLOYEES.
    Subdivision 1. Expression of views. Sections 179A.01 to 179A.25 do not affect the right
of any public employee or the employee's representative to express or communicate a view,
grievance, complaint, or opinion on any matter related to the conditions or compensation of public
employment or their betterment, so long as this is not designed to and does not interfere with the
full faithful and proper performance of the duties of employment or circumvent the rights of the
exclusive representative. Sections 179A.01 to 179A.25 do not require any public employee to
perform labor or services against the employee's will.
If no exclusive representative has been certified, any public employee individually, or group
of employees through their representative, has the right to express or communicate a view,
grievance, complaint, or opinion on any matter related to the conditions or compensation of
public employment or their betterment, by meeting with their public employer or the employer's
representative, so long as this is not designed to and does not interfere with the full, faithful, and
proper performance of the duties of employment.
    Subd. 2. Right to organize. Public employees have the right to form and join labor or
employee organizations, and have the right not to form and join such organizations. Public
employees in an appropriate unit have the right by secret ballot to designate an exclusive
representative to negotiate grievance procedures and the terms and conditions of employment
with their employer. Confidential employees of the state, confidential court employees, and
confidential University of Minnesota employees are excluded from bargaining. Supervisory
and managerial court employees are excluded from bargaining. Supervisory, managerial, and
confidential employees of Hennepin Healthcare System, Inc., are excluded from bargaining. Other
confidential employees, supervisory employees, principals, and assistant principals may form
their own organizations. An employer shall extend exclusive recognition to a representative of or
an organization of supervisory or confidential employees, or principals and assistant principals,
for the purpose of negotiating terms or conditions of employment, in accordance with sections
179A.01 to 179A.25, applicable to essential employees.
Supervisory or confidential employee organizations shall not participate in any capacity
in any negotiations which involve units of employees other than supervisory or confidential
employees. Except for organizations which represent supervisors who are: (1) firefighters,
emergency medical service employees certified under section 144E.28, 911 system public
safety dispatchers, peace officers subject to licensure under sections 626.84 to 626.863, guards
at correctional facilities, or employees at hospitals other than state hospitals; and (2) not state
or University of Minnesota employees, a supervisory or confidential employee organization
which is affiliated with another employee organization which is the exclusive representative of
nonsupervisory or nonconfidential employees of the same public employer shall not be certified,
or act as, an exclusive representative for the supervisory or confidential employees. For the
purpose of this subdivision, affiliation means either direct or indirect and includes affiliation
through a federation or joint body of employee organizations.
    Subd. 3. Fair share fee. An exclusive representative may require employees who are not
members of the exclusive representative to contribute a fair share fee for services rendered by the
exclusive representative. The fair share fee must be equal to the regular membership dues of the
exclusive representative, less the cost of benefits financed through the dues and available only to
members of the exclusive representative. In no event may the fair share fee exceed 85 percent of
the regular membership dues. The exclusive representative shall provide advance written notice
of the amount of the fair share fee to the employer and to unit employees who will be assessed the
fee. The employer shall provide the exclusive representative with a list of all unit employees.
A challenge by an employee or by a person aggrieved by the fee must be filed in writing
with the commissioner, the public employer, and the exclusive representative within 30 days after
receipt of the written notice. All challenges must specify those portions of the fee challenged and
the reasons for the challenge. The burden of proof relating to the amount of the fair share fee is on
the exclusive representative. The commissioner shall hear and decide all issues in these challenges.
The employer shall deduct the fee from the earnings of the employee and transmit the fee to
the exclusive representative 30 days after the written notice was provided. If a challenge is filed,
the deductions for a fair share fee must be held in escrow by the employer pending a decision
by the commissioner.
    Subd. 4. Meet and confer. Professional employees have the right to meet and confer under
section 179A.08 with public employers regarding policies and matters other than terms and
conditions of employment.
    Subd. 5. Meet and negotiate. Public employees, through their certified exclusive
representative, have the right and obligation to meet and negotiate in good faith with their
employer regarding grievance procedures and the terms and conditions of employment, but
this obligation does not compel the exclusive representative to agree to a proposal or require
the making of a concession.
    Subd. 6. Dues check off. Public employees have the right to request and be allowed dues
check off for the exclusive representative. In the absence of an exclusive representative, public
employees have the right to request and be allowed dues check off for the organization of their
choice.
History: 1984 c 462 s 7; 1987 c 186 s 15; 1989 c 255 s 4; 1997 c 7 art 1 s 83; 1999 c 216 art
7 s 7; 2000 c 387 s 1; 2005 c 125 art 2 s 4

NOTE: The amendment to subdivision 2 by Laws 2005, chapter 125, article 2, section
4, is effective the day after the Hennepin County Board files a certificate of local approval in
compliance with Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125,
article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34; and
Laws 2005, chapter 125, article 2, section 10.

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 356.24,
paragraph (a) , clause (4).
    Subd. 3. Meet and confer. A public employer has the obligation to meet and confer, under
section 179A.08, 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 179A.01 to 179A.25.
    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

179A.08 POLICY CONSULTANTS.
    Subdivision 1. Professional employees. The legislature recognizes that professional
employees possess knowledge, expertise, and dedication which is helpful and necessary to the
operation and quality of public services and which may assist public employers in developing
their policies. It is, therefore, the policy of this state to encourage close cooperation between
public employers and professional employees by providing for discussions and the mutual
exchange of ideas regarding all matters that are not terms and conditions of employment.
    Subd. 2. Meet and confer. The professional employees shall select a representative to meet
and confer with a representative or committee of the public employer on matters not specified
under section 179A.03, subdivision 19, relating to the services being provided to the public. The
public employer shall provide the facilities and set the time for these conferences to take place.
The parties shall meet at least once every four months.
History: 1984 c 462 s 9

179A.09 UNIT DETERMINATION.
    Subdivision 1. Criteria. In determining the appropriate unit, the commissioner shall
consider the principles and the coverage of uniform comprehensive position classification and
compensation plans of the employees, professions and skilled crafts, and other occupational
classifications, relevant administrative and supervisory levels of authority, geographical location,
history, extent of organization, the recommendation of the parties, and other relevant factors. The
commissioner shall place particular importance upon the history and extent of organization, and
the desires of the petitioning employee representatives.
    Subd. 2. Prohibitions. The commissioner shall not designate an appropriate unit which
includes essential employees with other employees.
    Subd. 3. Division of units. If a designated appropriate unit contains both peace officers
subject to licensure under sections 626.84 to 626.863 and essential employees who are not peace
officers, the commissioner, at the request of a majority of either the peace officers or the other
essential employees within the unit, shall divide the unit into two separate appropriate units, one
for the peace officers and one for the other essential employees.
History: 1984 c 462 s 10; 1987 c 186 s 15; 1993 c 136 s 2; 1997 c 7 art 1 s 84

179A.10 STATE UNITS.
    Subdivision 1. Exclusions. The commissioner of employee relations shall meet and negotiate
with the exclusive representative of each of the units specified in this section, except as provided
in section 43A.06, subdivision 1, paragraph (c). The units provided in this section are the only
appropriate units for executive branch state employees. The following employees shall be
excluded from any appropriate unit:
(1) the positions and classes of positions in the classified and unclassified services defined
as managerial by the commissioner of employee relations in accordance with section 43A.18,
subdivision 3 , and so designated in the official state compensation schedules;
(2) unclassified positions in the Minnesota State Colleges and Universities defined as
managerial by the Board of Trustees;
(3) positions of physician employees compensated under section 43A.17, subdivision 4;
(4) positions of all unclassified employees appointed by a constitutional officer;
(5) positions in the bureau;
(6) positions of employees whose classification is pilot or chief pilot;
(7) administrative law judge and compensation judge positions in the Office of
Administrative Hearings; and
(8) positions of all confidential employees.
The governor may upon the unanimous written request of exclusive representatives of units
and the commissioner direct that negotiations be conducted for one or more units in a common
proceeding or that supplemental negotiations be conducted for portions of a unit or units defined
on the basis of appointing authority or geography.
    Subd. 2. State employees. Unclassified employees, unless otherwise excluded, are included
within the units which include the classifications to which they are assigned for purposes of
compensation. Supervisory employees shall only be assigned to units 12 and 16. The following
are the appropriate units of executive branch state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) state college instructional unit;
(11) state university administrative unit;
(12) professional engineering unit;
(13) health treatment unit;
(14) general professional unit;
(15) professional state residential instructional unit;
(16) supervisory employees unit; and
(17) public safety radio communications operator unit.
Each unit consists of the classifications or positions assigned to it in the schedule of state
employee job classification and positions maintained by the commissioner. The commissioner
may only make changes in the schedule in existence on the day prior to August 1, 1984, as
required by law or as provided in subdivision 4.
    Subd. 3. State employee severance. Each of the following groups of employees has the
right, as specified in this subdivision, to separate from the general professional, health treatment,
or general supervisory units provided for in subdivision 2: attorneys, physicians, professional
employees of the Minnesota Office of Higher Education who are compensated under section
43A.18, subdivision 4, State Patrol-supervisors, enforcement supervisors employed by the
Department of Natural Resources, and criminal apprehension investigative-supervisors. This
right must be exercised by petition during the 60-day period commencing 270 days prior to the
termination of a contract covering the units. If one of these groups of employees exercises the
right to separate from the units they have no right to meet and negotiate, but retain the right to
meet and confer with the commissioner of employee relations and with the appropriate appointing
authority on any matter of concern to them. The right to separate must be exercised as follows: An
employee organization or group of employees claiming that a majority of any one of these groups
of employees on a statewide basis wish to separate from their units may petition the commissioner
for an election during the petitioning period. If the petition is supported by a showing of at least
30 percent support for the petitioner from the employees, the commissioner shall hold an election
to ascertain the wishes of the majority with respect to the issue of remaining within or severing
from the units provided in subdivision 2. This election must be conducted within 30 days of the
close of the petition period. If a majority of votes cast endorse severance from the unit in favor of
separate meet and confer status for any one of these groups of employees, the commissioner shall
certify that result. This election, where not inconsistent with other provisions of this section, is
governed by section 179A.12. If a group of employees elects to sever, the group may rejoin that
unit by following the same procedures specified above for severance, but may only do so during
the periods provided for severance.
    Subd. 4. Other assignments. The commissioner shall assign state employee classifications,
court employee classifications, University of Minnesota employee classifications, and supervisory
positions to the appropriate units when the classifications or positions have not been assigned
under subdivision 2 or section 179A.101 or 179A.11 or have been significantly modified in
occupational content subsequent to assignment under these sections. The assignment of the
classes shall be made on the basis of the community of interest of the majority of employees
in these classes with the employees within the statutory units. All the employees in a class,
excluding supervisory and confidential employees, shall be assigned to a single appropriate unit.
History: 1984 c 462 s 11; 1984 c 640 s 32; 1Sp1986 c 3 art 1 s 26; 1987 c 186 s 15; 1988 c
667 s 26; 1991 c 356 art 9 s 7; 1992 c 464 art 1 s 25; 1992 c 582 s 8,9; 1994 c 532 art 4 s 6; 1994
c 560 art 2 s 18; 1995 c 212 art 3 s 59; 1997 c 156 s 4; 1999 c 216 art 7 s 8; 1999 c 221 s 7;
2001 c 133 s 2; 2005 c 107 art 2 s 60; 1Sp2005 c 6 art 3 s 82

179A.101 COURT UNITS.
    Subdivision 1. Court employee units. (a) The state court administrator shall meet and
negotiate with the exclusive representative of each of the units specified in this section. The units
provided in this section are the only appropriate units for court employees. Court employees,
unless otherwise excluded, are included within the units which include the classifications to which
they are assigned for purposes of compensation. Initial assignment of classifications to bargaining
units shall be made by the state court administrator by August 15 of the year preceding the year
in which the state assumes the cost of court administration in the judicial district in which the
bargaining unit is located. An exclusive representative may appeal the initial assignment decision
of the state court administrator by filing a petition with the commissioner within 45 days of
being certified as the exclusive representative for a judicial district. The units in this subdivision
are the appropriate units of court employees.
(b) The Judicial District Unit consists of clerical, administrative, and technical employees
of a judicial district under section 480.181, subdivision 1, paragraph (b), or of two or more of
these districts that are represented by the same employee organization or one or more subordinate
bodies of the same employee organization. The judicial district unit includes individuals,
not otherwise excluded, whose work is typically clerical or secretarial in nature, including
nontechnical data recording and retrieval and general office work, and individuals, not otherwise
excluded, whose work is not typically manual and which requires specialized knowledge or skills
acquired through two-year academic programs or equivalent experience or on-the-job training.
(c) The Appellate Courts Unit consists of clerical, administrative, and technical employees
of the Court of Appeals and clerical, administrative, and technical employees of the Supreme
Court. The Appellate Courts Unit includes individuals, not otherwise excluded, whose work is
typically clerical or secretarial in nature, including nontechnical data recording and retrieval and
general office work, and individuals, not otherwise excluded, whose work is not typically manual
and which requires specialized knowledge or skills acquired through two-year academic programs
or equivalent experience or on-the-job training.
(d) The Court Employees Professional Employee Unit consists of professional employees,
not otherwise excluded, that are employed by the Supreme Court, the Court of Appeals, or a
judicial district under section 480.181, subdivision 1, paragraph (b).
(e) The Court Employees Court Reporter Unit consists of court reporters not otherwise
excluded who are employed by a judicial district under section 480.181, subdivision 1, paragraph
(a).
(f) Notwithstanding any provision of this chapter or any other law to the contrary, judges
may appoint and remove court reporters at their pleasure.
(g) Copies of collective bargaining agreements entered into under this section must be
submitted to the Legislative Coordinating Commission for the commission's information.
    Subd. 2. Exclusions. The following employees are excluded from the appropriate units
under subdivision 1:
(1) personal secretaries to judges;
(2) law clerks;
(3) managerial employees;
(4) confidential employees; and
(5) supervisory employees.
    Subd. 3. Employee organizations representing more than one judicial district unit.
Whenever an employee organization or one or more subordinate bodies of the same employee
organization is certified as the exclusive representative of the employees in more than one
judicial district unit, all judicial district units for which the employee organization or one or more
subordinate bodies of the same employee organization has been certified will be combined into
one unit and the employee organization certified as exclusive representative of the employees of
the new, combined unit. The commissioner shall issue a certification within 45 days of receipt
of a petition demonstrating that an employee organization or one or more subordinate bodies of
the same employee organization is certified as the exclusive representative of employees in
more than one judicial district unit.
History: 1999 c 216 art 7 s 9; 2000 c 345 s 2,3; 1Sp2001 c 5 art 5 s 2

179A.102 TRANSITION TO NEW BARGAINING UNIT STRUCTURE.
    Subdivision 1. Application of section. Notwithstanding the provisions of section 179A.12
or any other law, this section governs, where contrary to other law, the initial certification and
decertification, if any, of exclusive representatives for the appropriate units established by section
179A.101. Subsequent to the initial certification and decertification, if any, pursuant to this
section, this section does not apply.
    Subd. 2. Existing majority. The commissioner shall certify an employee organization
as exclusive representative for an appropriate unit established under section 179A.101 upon a
petition filed with the commissioner by the organization within 30 days of the effective date of the
judicial district coming under section 480.181, subdivision 1, paragraph (b), demonstrating that
the petitioner is certified pursuant to section 179A.12 as the exclusive representative of a majority
of the employees included within the unit established by section 179A.101 as of that effective
date. Two or more employee organizations that represent the employees in a unit established by
section 179A.101 may petition jointly under this subdivision, provided that any organization may
withdraw from a joint certification in favor of the remaining organizations on 30 days' notice to
the remaining organizations, the employer, and the commissioner, without affecting the rights
and obligations of the remaining organizations or the employer. The commissioner shall make a
determination on a timely petition within 45 days of its receipt.
    Subd. 3. No existing majority. (a) If no exclusive representative is certified under
subdivision 2, the commissioner shall certify an employee organization as exclusive representative
for an appropriate unit established under section 179A.101 upon a petition filed by the
organization within the time period provided in subdivision 2 demonstrating that the petitioner
is certified under section 179A.12 as the exclusive representative of fewer than a majority of
the employees included within the unit established by section 179A.101, if no other employee
organization so certified has filed a petition within the time period provided in subdivision 2 and
a majority of the employees in the unit established by section 179A.101 are represented by
employee organizations under section 179A.12 on the effective date of the judicial district coming
under section 480.181, subdivision 1, paragraph (b). Two or more employee organizations,
each of which represents employees included in the unit established by section 179A.101,
may petition jointly under this paragraph, provided that any organization may withdraw from
a joint certification in favor of the remaining organizations on 30 days' notice to the remaining
organizations, the employer, and the commissioner without affecting the rights and obligations of
the remaining organizations or the employer. The commissioner shall make a determination on a
timely petition within 45 days of its receipt.
(b) If no exclusive representative is certified under subdivision 2 or paragraph (a), and
an employee organization petitions the commissioner within 90 days of the effective date of
the judicial district coming under section 480.181, subdivision 1, paragraph (b), demonstrating
that a majority of the employees included within a unit established by section 179A.101 wish
to be represented by the petitioner, where this majority is evidenced by current dues deduction
rights, signed statements from court employees in counties within the district that are not
currently represented by any employee organization plainly indicating that the signatories wish
to be represented for collective bargaining purposes by the petitioner rather than by any other
organization, or a combination of those, the commissioner shall certify the petitioner as exclusive
representative of the employees in the unit established by section 179A.101. The commissioner
shall make a determination on a timely petition within 45 days of its receipt.
(c) If no exclusive representative is certified under subdivision 2 or paragraph (a) or (b),
and an employee organization petitions the commissioner subsequent to the effective date of the
judicial district coming under section 480.181, subdivision 1, paragraph (b), demonstrating that
at least 30 percent of the employees included within a unit established by section 179A.101
wish to be represented by the petitioner, where this 30 percent is evidenced by current dues
deduction rights, signed statements from court employees in counties within the district that are
not currently represented by any employee organization plainly indicating that the signatories
wish to be represented for collective bargaining purposes by the petitioner rather than by any other
organization, or a combination of those, the commissioner shall conduct a secret ballot election to
determine the wishes of the majority. The election must be conducted within 45 days of receipt or
final decision on any petitions filed pursuant to subdivision 2, whichever is later. The election is
governed by section 179A.12, where not inconsistent with other provisions of this section.
    Subd. 4. Decertification. The commissioner may not consider a petition for decertification
of an exclusive representative certified under this section for one year after certification. After that
time a petition must be considered under the provisions of section 179A.12.
    Subd. 5. Existing collective bargaining agreements. The terms and conditions of collective
bargaining agreements covering judicial district employees in districts that come under section
480.181, subdivision 1, paragraph (b), remain in effect until a successor agreement becomes
effective.
    Subd. 6. Contract and representation responsibilities. (a) Notwithstanding the provisions
of section 179A.101, the exclusive representatives of units of court employees certified prior to
the effective date of the judicial district coming under section 480.181, subdivision 1, paragraph
(b), remain responsible for administration of their contracts and for other contractual duties and
have the right to dues and fair share fee deduction and other contractual privileges and rights until
a contract is agreed upon with the state court administrator for a new unit established under
section 179A.101. Exclusive representatives of court employees certified after the effective
date of Laws 1999, chapter 216, article 7, section 10, in the judicial district are immediately
upon certification responsible for bargaining on behalf of employees within the unit. They
are also responsible for administering grievances arising under previous contracts covering
employees included within the unit which remain unresolved upon agreement with the state
court administrator on a contract for a new unit established under section 179A.101. Where
the employer does not object, these responsibilities may be varied by agreement between the
outgoing and incoming exclusive representatives. All other rights and duties of representation
begin on July 1 of the year in which the state assumes the funding of court administration in
the judicial district, except that exclusive representatives certified after the effective date of
Laws 1999, chapter 216, article 7, section 10, shall immediately, upon certification, have the
right to all employer information and all forms of access to employees within the bargaining
unit which would be permitted to the current contract holder, including the rights in section
179A.07, subdivision 6. This section does not affect an existing collective bargaining contract.
Incoming exclusive representatives of court employees from judicial districts that come under
section 480.181, subdivision 1, paragraph (b), are immediately, upon certification, responsible
for bargaining on behalf of all previously unrepresented employees assigned to their units. All
other rights and duties of exclusive representatives begin on July 1 of the year in which the state
assumes the funding of court administration in the judicial district.
(b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter 216, article
7, sections 3 to 15, prevents an exclusive representative certified after the effective dates of
those provisions from assessing fair share or dues deductions immediately upon certification for
employees in a unit established under section 179A.101 if the employees were unrepresented for
collective bargaining purposes before that certification.
History: 1999 c 216 art 7 s 10; 1Sp2001 c 5 art 5 s 3

179A.103 GENERAL PROVISIONS FOR COURT EMPLOYEES.
    Subdivision 1. Contracts. Contracts for the period commencing July 1 of the year in which
the state assumes the cost of court administration in the judicial district for the judicial district
court employees must be negotiated with the state court administrator. Negotiations for those
contracts may begin any time after July 1 of the year before the state assumes the cost, and may
be initiated by either party notifying the other of the desire to begin the negotiating process.
Negotiations are subject to this chapter.
    Subd. 2. Date of employment. The date of first employment by the state court system is
the date on which services were first performed by the employee for the employer from which
the employee is being transferred.
    Subd. 3. Probationary periods. Except as otherwise provided in a successor contract,
probationary periods are not affected by the transfer of employees to the state court system.
    Subd. 4. Wage protection. Court employees in judicial districts coming under section
480.181, subdivision 1, paragraph (b), may not have a decrease in wages as a result of their
transfer to state employment. Wage scales negotiated in a judicial district contract are not to be
applied to a court employee of a judicial district who was a court employee of a county within
the judicial district at the time the judicial district came under section 480.181, subdivision 1,
paragraph (b), until the wage for the employee under the scale is equal to or greater than the
wage the employee was receiving on the date the judicial district came under section 480.181,
subdivision 1 , paragraph (b).
History: 1999 c 216 art 7 s 11; 1Sp2001 c 5 art 5 s 4

179A.104 BOARD OF PUBLIC DEFENSE.
    Subdivision 1. Board of Public Defense employee units. The state Board of Public Defense
shall meet and negotiate with the exclusive representative of each of the statewide units specified
in this section. The units provided in this section are the only appropriate statewide units for
state employees of the board. Employees of the state Board of Public Defense, unless otherwise
excluded, are included within the units which include the classifications to which they are
assigned for purposes of compensation. The following are the appropriate statewide units of
state employees of the board:
(1) Assistant District and Assistant State Public Defender Unit; and
(2) Clerical and Support Staff Unit.
Each unit consists of the classifications or positions assigned to it in the schedule of job
classifications and positions maintained by the state Board of Public Defense.
    Subd. 2. Exclusions. The following employees are excluded from the appropriate statewide
units under subdivision 1:
(1) the positions of state public defender, deputy state public defender, and chief district
public defender;
(2) the positions of managing attorney and managing legal secretary in judicial district public
defender offices and in the state Public Defender's Office;
(3) positions of all employees in the administrative services office of the state Board of
Public Defense;
(4) positions of all part-time and temporary employees as defined under section 179A.03,
subdivision 14 , clauses (e) and (f).
History: 1999 c 216 art 7 s 12

179A.11 UNIVERSITY OF MINNESOTA.
    Subdivision 1. Units. The following are the appropriate units of University of Minnesota
employees. All units shall exclude managerial and confidential employees. Supervisory
employees shall only be assigned to unit 13. No additional units of University of Minnesota
employees shall be recognized for the purpose of meeting and negotiating.
(1) The Law Enforcement Unit consists of the positions of all employees with the power
of arrest.
(2) The Craft and Trades Unit consists of the positions of all employees whose work requires
specialized manual skills and knowledge acquired through formal training or apprenticeship or
equivalent on-the-job training or experience.
(3) The Service, Maintenance, and Labor Unit consists of the positions of all employees
whose work is typically that of maintenance, service, or labor and which does not require
extensive previous training or experience, except as provided in unit 4.
(4) The Health Care Nonprofessional and Service Unit consists of the positions of all
nonprofessional employees of the University of Minnesota hospitals, dental school, and health
service whose work is unique to those settings, excluding labor and maintenance employees
as defined in unit 3.
(5) The Nursing Professional Unit consists of all positions which are required to be filled
by registered nurses.
(6) The Clerical and Office Unit consists of the positions of all employees whose work is
typically clerical or secretarial, including nontechnical data recording and retrieval and general
office work, except as provided in unit 4.
(7) The Technical Unit consists of the positions of all employees whose work is not typically
manual and which requires specialized knowledge or skills acquired through two-year academic
programs or equivalent experience or on-the-job training, except as provided in unit 4.
(8) The Twin Cities Instructional Unit consists of the positions of all instructional employees
with the rank of professor, associate professor, assistant professor, including research associate or
instructor, including research fellow, located on the Twin Cities campuses.
(9) The Outstate Instructional Unit consists of the positions of all instructional employees
with the rank of professor, associate professor, assistant professor, including research associate or
instructor, including research fellow, located at the Duluth campus, provided that the positions of
instructional employees of the same ranks at the Morris, Crookston, or Waseca campuses shall
be included within this unit if a majority of the eligible employees voting at a campus so vote
during an election conducted by the commissioner, provided that the election shall not be held
until the Duluth campus has voted in favor of representation. The election shall be held when an
employee organization or group of employees petitions the commissioner stating that a majority
of the eligible employees at one of these campuses wishes to join the unit and this petition is
supported by a showing of at least 30 percent support from eligible employees at that campus and
is filed between September 1 and November 1.
Should both units 8 and 9 elect exclusive bargaining representatives, those representatives
may by mutual agreement jointly negotiate a contract with the regents, or may negotiate separate
contracts with the regents. If the exclusive bargaining representatives jointly negotiate a contract
with the regents, the contract shall be ratified by each unit.
(10) The Graduate Assistant Unit consists of the positions of all graduate assistants who are
enrolled in the graduate school and who hold the rank of research assistant, teaching assistant,
teaching associate I or II, project assistant, or administrative fellow I or II.
(11) The Academic Professional and Administrative Staff Unit consists of all academic
professional and administrative staff positions that are not defined as included in an instructional
unit, the supervisory unit, the clerical unit, or the technical unit.
(12) The Noninstructional Professional Unit consists of the positions of all employees
meeting the requirements of section 179A.03, subdivision 13, clause (a) or (b), which are not
defined as included within an instructional unit, the Academic Professional and Administrative
Staff Unit, or the supervisory unit.
(13) The Supervisory Employees Unit consists of the positions of all supervisory employees.
    Subd. 2. University of Minnesota employee severance. Each of the following groups of
University of Minnesota employees has the right, as specified in this subdivision, to separate
from the instructional and supervisory units: (1) health sciences instructional employees at all
campuses with the rank of professor, associate professor, assistant professor, including research
associate, or instructor, including research fellow, (2) instructional employees of the law school
with the rank of professor, associate professor, assistant professor, including research associate,
or instructor, including research fellow, (3) instructional supervisors, (4) noninstructional
professional supervisors, and (5) academic professional and administrative staff supervisors. This
right may be exercised by petition between September 1 and November 1. If a group separates
from its unit, it has no right to meet and negotiate, but retains the right to meet and confer with
the appropriate officials on any matter of concern to the group. The right to separate must be
exercised as follows: An employee organization or group of employees claiming that a majority
of any one of these groups of employees on a statewide basis wish to separate from their unit may
petition the commissioner for an election during the petitioning period. If the petition is supported
by a showing of at least 30 percent support from the employees, the commissioner shall hold an
election on the separation issue. This election must be conducted within 30 days of the close of
the petition period. If a majority of votes cast endorse severance from their unit, the commissioner
shall certify that result. Where not inconsistent with other provisions of this section, the election is
governed by section 179A.12. If a group of employees severs, it may rejoin that unit by following
the procedures for severance during the periods for severance.
History: 1984 c 462 s 12; 1987 c 186 s 15; 1991 c 77 s 1,2; 1997 c 156 s 5

179A.12 EXCLUSIVE REPRESENTATION; ELECTIONS; DECERTIFICATION.
    Subdivision 1. Certification continued. Any employee organization holding formal
recognition by order of the commissioner or by employer voluntary recognition on the effective
date of Extra Session Laws 1971, chapter 33, under any law that is repealed by Extra Session
Laws 1971, chapter 33, is certified as the exclusive representative until it is decertified or another
representative is certified in its place.
Any teacher organization as defined by Minnesota Statutes 1969, section 125.20, subdivision
3 , which on the effective date of Extra Session Laws 1971, chapter 33, has a majority of its
members on a teacher's council in a school district as provided in Minnesota Statutes 1969,
section 125.22 is certified as the exclusive representative of all teachers of that school district
until the organization is decertified or another organization is certified in its place.
    Subd. 2. Certification upon joint request. The commissioner may certify an employee
organization as an exclusive representative in an appropriate unit upon the joint request of the
employer and the organization if, after investigation, the commissioner finds that no unfair labor
practice was committed in initiating and submitting the joint request and that the employee
organization represents over 50 percent of the employees in the appropriate unit. This subdivision
does not reduce the time period or nullify any bar to the employee organization's certification
existing at the time of the filing of the joint request.
    Subd. 3. Obtaining elections. Any employee organization may obtain a certification election
upon petition to the commissioner stating that at least 30 percent of the employees of a proposed
appropriate unit wish to be represented by the petitioner. Any employee organization may
obtain a representation election upon petition to the commissioner stating that the currently
certified representative no longer represents the majority of employees in an established unit and
that at least 30 percent of the employees in the established unit wish to be represented by the
petitioner rather than by the currently certified representative. An individual employee or group of
employees in a unit may obtain a decertification election upon petition to the commissioner stating
the certified representative no longer represents the majority of the employees in an established
unit and that at least 30 percent of the employees wish to be unrepresented.
    Subd. 4. State unit elections. The commissioner shall not consider a petition for a
decertification election during the term of a contract covering employees of the executive or
judicial branches of the state of Minnesota except for a period from not more than 270 to not less
than 210 days before its date of termination.
    Subd. 5. Commissioner to investigate. The commissioner shall, upon receipt of an
employee organization's petition to the commissioner under subdivision 3, investigate to
determine if sufficient evidence of a question of representation exists and hold hearings necessary
to determine the appropriate unit and other matters necessary to determine the representation
rights of the affected employees and employer.
    Subd. 6. Authorization signatures. In determining the numerical status of an employee
organization for purposes of this section, the commissioner shall require dated representation
authorization signatures of affected employees as verification of the statements contained in the
joint request or petitions. These authorization signatures shall be privileged and confidential
information available to the commissioner only.
    Subd. 7. Election order. The commissioner shall issue an order providing for a secret
ballot election by the employees in a designated appropriate unit. The election must be held on
one or more sites where those voting are employed or by a mail ballot, as determined by the
commissioner. In making this determination, the commissioner shall strive for an election process
that provides for maximum participation by the affected employees. The parties affected by this
determination may request reconsideration of it by the commissioner under bureau rules.
    Subd. 8. Ballot. The ballot in a certification election may contain as many names of
representative candidates as have demonstrated that 30 percent of the employees in the unit
desire them as their exclusive representative. The ballots shall contain a space for employees to
indicate that no representation is desired. The commissioner shall provide and count absentee
ballots in all elections.
    Subd. 9. Runoff election. If no choice on the ballot receives a majority of those votes cast
in the unit, the commissioner shall conduct a runoff election between the two choices receiving
the most votes.
    Subd. 10. Certification. Upon a representative candidate receiving a majority of those
votes cast in an appropriate unit, the commissioner shall certify that candidate as the exclusive
representative of all employees in the unit.
    Subd. 11. Unfair labor practices. If the commissioner finds that an unfair labor practice was
committed by an employer or representative candidate or an employee or group of employees,
and that the unfair labor practice affected the result of an election, or that procedural or other
irregularities in the conduct of the election may have substantially affected its results, the
commissioner may void the election result and order a new election.
    Subd. 12. Bar to reconsideration. When the commissioner certifies an exclusive
representative, the commissioner shall not consider the question again for a period of one year,
unless the exclusive representative is decertified by a court of competent jurisdiction, or by the
commissioner.
History: 1984 c 462 s 13; 1986 c 444; 1987 c 186 s 15; 1987 c 384 art 2 s 46; 1990 c 546 s
5,6; 1992 c 582 s 10; 1999 c 216 art 7 s 13

179A.13 UNFAIR LABOR PRACTICES.
    Subdivision 1. Actions. The practices specified in this section are unfair labor practices. Any
employee, employer, employee or employer organization, exclusive representative, or any other
person or organization aggrieved by an unfair labor practice as defined in this section may bring
an action for injunctive relief and for damages caused by the unfair labor practice in the district
court of the county in which the practice is alleged to have occurred. A copy of any complaint
alleging an unfair labor practice must be filed with the commissioner at the time it is brought in
district court. The party bringing an unfair labor practice action in district court shall also transmit
to the commissioner any orders or judgments of the court within ten days of the order or judgment.
    Subd. 2. Employers. Public employers, their agents and representatives are prohibited from:
(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed in
sections 179A.01 to 179A.25;
(2) dominating or interfering with the formation, existence, or administration of any
employee organization or contributing other support to it;
(3) discriminating in regard to hire or tenure to encourage or discourage membership in
an employee organization;
(4) discharging or otherwise discriminating against an employee because the employee
has signed or filed an affidavit, petition, or complaint or given information or testimony under
sections 179A.01 to 179A.25;
(5) refusing to meet and negotiate in good faith with the exclusive representative of its
employees in an appropriate unit;
(6) refusing to comply with grievance procedures contained in an agreement;
(7) distributing or circulating a blacklist of individuals exercising a legal right or of members
of a labor organization for the purpose of preventing blacklisted individuals from obtaining
or retaining employment;
(8) violating rules established by the commissioner regulating the conduct of representation
elections;
(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;
(10) violating or refusing to comply with any lawful order or decision issued by the
commissioner;
(11) refusing to provide, upon the request of the exclusive representative, all information
pertaining to the public employer's budget both present and proposed, revenues, and other
financing information provided that in the executive branch of state government this clause may
not be considered contrary to the budgetary requirements of sections 16A.10 and 16A.11; or
(12) granting or offering to grant the status of permanent replacement employee to a
person for performing bargaining unit work for the employer during a lockout of employees in
an employee organization or during a strike authorized by an employee organization that is
an exclusive representative.
    Subd. 3. Employees. Employee organizations, their agents or representatives, and public
employees are prohibited from:
(1) restraining or coercing employees in the exercise of rights provided in sections 179A.01
to 179A.25;
(2) restraining or coercing a public employer in the election of representatives to be
employed to meet and negotiate or to adjust grievances;
(3) refusing to meet and negotiate in good faith with a public employer, if the employee
organization is the exclusive representative of employees in an appropriate unit;
(4) violating rules established by the commissioner regulating the conduct of representation
elections;
(5) refusing to comply with a valid decision of an arbitration panel or arbitrator;
(6) calling, instituting, maintaining, or conducting a strike or boycott against any public
employer on account of any jurisdictional controversy;
(7) coercing or restraining any person with the effect to:
(a) force or require any public employer to cease dealing or doing business with any other
person;
(b) force or require a public employer to recognize for representation purposes an employee
organization not certified by the commissioner; or
(c) refuse to handle goods or perform services;
(d) prevent an employee from providing services to the employer;
(8) committing any act designed to damage or actually damaging physical property or
endangering the safety of persons while engaging in a strike;
(9) forcing or requiring any employer to assign particular work to employees in a particular
employee organization or in a particular trade, craft, or class rather than to employees in another
employee organization or in another trade, craft, or class;
(10) causing or attempting to cause a public employer to pay or deliver or agree to pay or
deliver any money or other thing of value, in the nature of an exaction, for services which are not
performed or not to be performed;
(11) engaging in an unlawful strike;
(12) picketing which has an unlawful purpose such as secondary boycott;
(13) picketing which unreasonably interferes with the ingress and egress to facilities of
the public employer;
(14) seizing or occupying or destroying property of the employer;
(15) violating or refusing to comply with any lawful order or decision issued by the
commissioner.
History: 1984 c 462 s 14; 1986 c 444; 1987 c 186 s 15; 1989 c 255 s 5; 1991 c 239 s
2; 1992 c 582 s 11,12

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

179A.15 MEDIATION.
Once notice has been given under section 179A.14, the employer or the exclusive
representative may petition the commissioner for mediation services.
A petition by an employer shall be signed by the employer or an authorized officer or agent.
A petition by an exclusive representative shall be signed by its authorized officer. All petitions
shall be served on the commissioner in writing. The petition shall state briefly the nature of
the disagreement of the parties. Upon receipt of a petition and upon concluding that mediation
would be useful, the commissioner shall fix a time and place for a conference with the parties to
negotiate the issues not agreed upon, and shall then take the most expedient steps to bring about a
settlement, including assisting in negotiating and drafting an agreement.
If the commissioner determines that mediation would be useful in resolving a dispute, the
commissioner may mediate the dispute even if neither party has filed a petition for mediation. In
these cases, the commissioner shall proceed as if a petition had been filed.
The commissioner shall not furnish mediation services to any employee or employee
representative who is not certified as an exclusive representative.
All parties shall respond to the summons of the commissioner for conferences and shall
continue in conference until excused by the commissioner.
History: 1984 c 462 s 16; 1985 c 157 s 4; 1987 c 186 s 15; 1Sp2001 c 10 art 2 s 61

179A.16 INTEREST ARBITRATION.
    Subdivision 1. Nonessential employees. An exclusive representative or an employer of a
unit of employees other than essential employees 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.
    Subd. 2. Essential employees. An exclusive representative or employer of a unit of essential
employees may petition for binding interest arbitration by filing a written request with the other
party and the commissioner. The written request must specify the items which that party wishes to
submit to binding arbitration. Within 15 days of the request, the commissioner shall determine
whether further mediation of the dispute would be appropriate and shall only certify matters for
arbitration in cases where the commissioner believes that both parties have made substantial,
good-faith bargaining efforts and that an impasse has occurred.
    Subd. 3. Procedure. Within 15 days from the time the commissioner has certified a matter to
be ready for binding arbitration because of an agreement under subdivision 1 or in accordance
with subdivision 2, both parties shall submit their final positions on the items in dispute. In
the event of a dispute over the items to be submitted to binding arbitration involving essential
employees, the commissioner shall determine the items to be decided by arbitration based on the
efforts to mediate the dispute and the positions submitted by the parties during the course of those
efforts. The parties may stipulate items to be excluded from arbitration.
    Subd. 4. Selection of arbitrator or panel of arbitrators. The parties may select persons
who are members of the arbitration roster maintained by the bureau to act as the arbitrator or
panel in their dispute by mutual agreement. In the event of a mutual agreement on the arbitrator
or panel, the commissioner shall advise in writing the arbitrator or panel. If the parties do not
mutually agree upon the arbitrator or panel, the commissioner shall provide the parties to the
interest arbitration a list of seven arbitrators. The commissioner shall mail the list of arbitrators to
the parties within five working days. The parties shall alternately strike names from the list of
arbitrators until only a single arbitrator remains, unless the parties request and mutually agree to
utilize a panel of three arbitrators. If the parties are unable to agree on who shall strike the first
name, the question must be decided by the flip of a coin. The arbitrator or arbitrators remaining
after the striking procedure shall constitute the arbitrator or panel.
    Subd. 5. Jurisdiction of the arbitrator or panel. The arbitrator or panel selected by the
parties has jurisdiction over the items of dispute certified to and submitted by the commissioner.
However, the arbitrator or panel has no jurisdiction or authority to entertain any matter or issue
that is not a term and condition of employment, unless the matter or issue was included in the
employer's final position. Any decision or part of a decision issued which determines a matter or
issue which is not a term or condition of employment and was not included in the employer's final
position is void and of no effect. A decision which violates, is in conflict with, or causes a penalty
to be incurred under: (1) the laws of Minnesota; or (2) rules promulgated under law, or municipal
charters, ordinances, or resolutions, provided that the rules, charters, ordinances, and resolutions
are consistent with this chapter, has no force or effect and shall be returned to the arbitrator or
panel to make it consistent with the laws, rules, charters, ordinances, or resolutions.
    Subd. 6. Powers of the arbitrator or panel. The arbitrator or panel may issue subpoenas
requiring the attendance and testimony of witnesses and the production of evidence that relates to
any matter involved in any dispute before it. The arbitrator or panel may administer oaths and
affidavits and may examine witnesses. Attendance of witnesses and the production of evidence
may be required from any place in the state at any hearing. However, any hearing must be held in
the county where the principal administrative offices of the employer are located, unless another
location is selected by agreement of the parties. In case of refusal to obey a subpoena issued under
this section, the district court of the state for the county where the proceeding is pending or where
the person who refuses to obey is found, or resides, or transacts business, on application of the
arbitrator or panel, has jurisdiction to issue an order requiring the person to appear before the
panel, to produce evidence, or to give testimony. Failure to obey the order may be punished by
the court as a contempt. Posthearing briefs, if any, must be received by the arbitrator within 14
days of the hearing.
    Subd. 7. Decision by the arbitrator or panel. The decision must be issued by the arbitrator
or a majority vote of the panel. The decision must resolve the issues in dispute between the parties
as submitted by the commissioner. For principals and assistant principals, the arbitrator or panel
is restricted to selecting between the final offers of the parties on each impasse item. For other
employees, if the parties agree in writing, the arbitrator or panel is restricted to selecting between
the final offers of the parties on each impasse item, or the final offer of one or the other parties in
its entirety. In considering a dispute and issuing its decision, the arbitrator or panel shall consider
the statutory rights and obligations of public employers to efficiently manage and conduct their
operations within the legal limitations surrounding the financing of these operations. The decision
is final and binding on all parties.
The arbitrator or panel shall render its decision within 30 days from the date that all
arbitration proceedings have concluded. The arbitrator or panel may not request that the parties
waive their right to have the decision rendered within 30 days, unless the commissioner grants
an extension of the deadline. The commissioner shall remove from the roster for six months the
name of any arbitrator who does not render the decision within 30 days or within the extension
granted by the commissioner. The commissioner shall adopt rules establishing criteria to be
followed in determining whether an extension should be granted. The decision must be for the
period stated in the decision, except that decisions determining contracts for teacher units are
effective to the end of the contract period determined by section 179A.20.
The arbitrator or panel shall send its decision to the commissioner, the appropriate
representative of the public employer, and the employees. If any issues submitted to arbitration
are settled voluntarily before the arbitrator or panel issues a decision, the arbitrator or panel
shall report the settlement to the commissioner.
The parties may, at any time before or after issuance of a decision of the arbitrator or
panel, agree upon terms and conditions of employment regardless of the terms and conditions
of employment determined by the decision. The parties shall, if so agreeing, execute a written
contract or memorandum of contract.
    Subd. 7a. Decision affecting firefighters. For firefighters, subdivision 7 governs, except that
the arbitrator or panel is restricted to selecting between the final offer total packages of the parties
as submitted to the commissioner at impasse, unless conventional arbitration is agreed to by both
parties in writing. However, the arbitrator or panel has no jurisdiction or authority to entertain any
matter or issue that is not a term and condition of employment or protected by section 179A.07,
subdivision 1, unless the matter or issue was included in the employer's final position.
    Subd. 8. Database; fees, charges, and per diems. The commissioner shall maintain a
database of all fees, charges, and per diems charged by each arbitrator. The database must include
the total charges imposed by the arbitrator in the previous six interest arbitration cases. For each
arbitration decision rendered by an arbitrator, the arbitrator shall submit a copy of the award and
a description of all fees, charges, and per diems assessed to the parties to the commissioner.
Data from this database must be available to the public. All costs of the panel must be shared
equally by the parties to the dispute.
    Subd. 9. No arbitration. Failure to reach agreement on employer payment of, or
contributions toward, premiums for group insurance coverage of retired employees is not subject
to interest arbitration procedures under this section, except for units of essential employees.
History: 1984 c 462 s 17; 1985 c 157 s 5; 1986 c 444; 1987 c 186 s 15; 1988 c 605 s 6;
1989 c 255 s 7-10; 1990 c 546 s 7; 1991 c 238 art 2 s 2-4; 1992 c 582 s 13-18; 1993 c 149 s 1;
1995 c 239 s 3-5; 1999 c 166 s 1; 1999 c 221 s 8; 2002 c 337 s 1; 2006 c 182 s 1

179A.17 NEW EXCLUSIVE REPRESENTATIVES.
    Subdivision 1. For teachers. If a new or different exclusive representative of teachers
employed by a local school district is certified by the commissioner at any time other than the
period between 120 days before the termination date of a contract and the termination date of
the contract, or if on July 1 of any odd-numbered year a representation proceeding involving the
employer and the employer's teachers is before the commissioner, section 179A.18, subdivision 2,
clause (1), shall apply. In those cases, however, the employer and the exclusive representative
of the teachers shall execute a written contract or memorandum of contract no later than 60
days after a certification by the commissioner of a new or different exclusive representative or
the resolution by the commissioner of a representation proceeding. Either party may petition
the commissioner for assistance in reaching an agreement. If the employer and the exclusive
representative of the teachers fail to execute a contract by 60 days after the certification of a new
or different exclusive representative or the resolution by the commissioner of a representation
proceeding, they shall be conclusively presumed to be at an impasse after having participated in
mediation as specified in section 179A.18, subdivision 2, clause (1)(b).
    Subd. 2. Nonteachers. If a new or different exclusive representative of employees other
than teachers employed by a local school district is certified by the commissioner, or if on the
expiration date of an existing contract a representation proceeding is before the commissioner,
section 179A.18, subdivision 1, clause (1), shall apply. In those cases, however, the employer and
the exclusive representative of the employees shall execute a written contract or memorandum
of contract no later than 45 days after a certification by the commissioner of a new or different
exclusive representative or the resolution by the commissioner of a representation proceeding.
Either party may petition the commissioner for assistance in reaching an agreement. If the
employer and the exclusive representative fail to execute a contract by 45 days after the
certification of a new or different exclusive representative or the resolution by the commissioner
of a representation proceeding, they shall be conclusively presumed to be at an impasse after
having participated for a period of no less than 45 days in mediation sessions.
History: 1984 c 462 s 18; 1985 c 157 s 6; 1987 c 186 s 15; 1992 c 582 s 19

179A.18 STRIKES AUTHORIZED.
    Subdivision 1. When authorized. Essential employees 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)(a) 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
(b) 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,
(a) the Legislative Coordinating Commission has rejected a negotiated agreement or
arbitration decision during a legislative interim; or
(b) 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.
    Subd. 2. School district requirements. Except as otherwise provided by section 179A.17,
subdivision 1 , teachers employed by a local school district, other than principals and assistant
principals, may strike only under the following circumstances:
(1)(a) 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
1 , has occurred; and
(b) the exclusive representative and the employer have participated in mediation over a
period of at least 30 days. For the purposes of this subclause the mediation period commences on
the day that a mediator designated by the commissioner first attends a conference with the parties
to negotiate the issues not agreed upon; and
(c) neither party has requested interest arbitration or a request for binding interest arbitration
has been rejected; or
(2) the employer violates section 179A.13, subdivision 2, clause (9).
    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 other than teachers, 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.
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:
(1) an original notice was provided pursuant to this section; and
(2) a tentative agreement to resolve the dispute was reached during the original strike notice
period; and
(3) such tentative agreement was rejected by either party during or after the original strike
notice period.
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.
History: 1984 c 462 s 19; 1985 c 157 s 7,8; 1987 c 186 s 15; 1992 c 582 s 20; 1994 c 560
art 2 s 19; 2000 c 501 s 5

179A.19 ILLEGAL STRIKES.
    Subdivision 1. Other strikes illegal. Except as authorized by section 179A.18, all strikes
by public employees are illegal. Except as provided in this section, no unfair labor practice or
violation of sections 179A.01 to 179A.25 by a public employer gives public employees a right to
strike. Those factors may be considered, however, by the court in mitigation of or retraction of
any penalties provided by this section.
    Subd. 2. Individual penalties. Notwithstanding any other law, public employees who
strike in violation of this section may have their appointment or employment terminated by the
employer effective the date the violation first occurs. The termination shall be made by serving
written notice upon the employee. Service may be made by certified mail.
    Subd. 3. Presumption of strike. For purposes of this section, an employee who is absent
from any portion of a work assignment without permission, or who abstains wholly or in part
from the full performance of duties without permission from the employer on a day when a
strike not authorized by this section occurs is prima facie presumed to have engaged in an illegal
strike on that day.
    Subd. 4. Reappointment. A public employee who knowingly participates in a strike in
violation of this section and whose employment has been terminated under this section may
subsequently be appointed or reappointed, employed or reemployed, but the employee shall be on
probation for two years with respect to the civil service status, tenure of employment, or contract
of employment to which the employee was previously entitled.
    Subd. 5. Compensation. No employee is entitled to any daily pay, wages, reimbursement of
expenses, or per diem for the days on which the employee engaged in a strike.
    Subd. 6. Hearings. Any public employee is entitled to request the opportunity to establish
that the employee did not violate this section. The request shall be filed in writing with the officer
or body having the power to remove the employee, within ten days after notice of termination
is served upon the employee. The employing officer or body shall within ten days commence a
proceeding at which the employee shall be entitled to be heard for the purpose of determining
whether the provisions of this section have been violated by the public employee. If there are
contractual grievance procedures, laws or rules establishing proceedings to remove the public
employee, the hearing shall be conducted in accordance with whichever procedure the employee
elects. The election shall be binding and shall terminate any right to the alternative procedures.
The same proceeding may include more than one employee's employment status if the employees'
defenses are identical, analogous, or reasonably similar. The proceedings shall be undertaken
without unnecessary delay.
Any person whose termination is sustained in the administrative or grievance proceeding
may appeal in accordance with chapter 14.
    Subd. 7. Employee organization penalties. An employee organization which has been
found pursuant to section 179A.13 to have violated this section: (1) shall lose its status, if any,
as exclusive representative; and (2) may not be so certified by the commissioner for a period
of two years following the finding. No employer may deduct employee payments to any such
organization for a period of two years.
History: 1984 c 462 s 20; 1986 c 444; 1987 c 186 s 15

179A.20 CONTRACTS.
    Subdivision 1. Written contract. The exclusive representative and the employer shall
execute a written contract or memorandum of contract containing the terms of the negotiated
agreement or interest arbitration decision and any terms established by law.
    Subd. 2. No contract provisions contrary to law. No provision of a contract shall be
in conflict with:
(1) the laws of Minnesota; or
(2) rules promulgated under law, or municipal charters, ordinances, or resolutions, provided
that the rules, charters, ordinances, and resolutions are consistent with this chapter.
    Subd. 2a. Former employee benefits. A contract may not obligate an employer to fund
all or part of the cost of health care benefits for a former employee beyond the duration of the
contract, subject to section 179A.20, subdivision 6. A personnel policy may not obligate an
employer to fund all or part of health care benefits for a former employee beyond the duration of
the policy. A policy may not extend beyond the termination of the contract of longest duration
covering other employees of the employer or, if none, the termination of the budgetary cycle
during which the policy is adopted.
    Subd. 3. Duration. The duration of the contract is negotiable but shall not exceed three
years. Any contract between a school board and an exclusive representative of teachers shall be
for a term of two years, beginning on July 1 of each odd-numbered year. A contract between a
school board and an exclusive representative of teachers shall contain the teachers' compensation
including fringe benefits for the entire two-year term and shall not contain a wage reopening
clause or any other provision for the renegotiation of the teachers' compensation.
    Subd. 4. Grievance procedure. (a) All contracts must include a grievance procedure
providing for compulsory binding arbitration of grievances including all written disciplinary
actions. If the parties cannot agree on the grievance procedure, they are subject to the grievance
procedure promulgated by the commissioner under section 179A.04, subdivision 3, clause (h).
(b) Notwithstanding any home rule charter to the contrary, after the probationary period
of employment, any disciplinary action is subject to the grievance procedure and compulsory
binding arbitration.
(c) Employees covered by civil service systems created under chapter 43A, 44, 375, 387,
419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423, may
pursue a grievance through the procedure established under this section. When the grievance is
also within the jurisdiction of appeals boards or appeals procedures created by chapter 43A, 44,
375, 387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter
423, the employee may proceed through the grievance procedure or the civil service appeals
procedure, but once a written grievance or appeal has been properly filed or submitted by the
employee or on the employee's behalf with the employee's consent the employee may not proceed
in the alternative manner.
(d) A teacher who elects a hearing before an arbitrator under section 122A.40, subdivision
15 , or 122A.41, subdivision 13, or who elects or acquiesces to a hearing before the school board
may not later proceed in the alternative manner nor challenge the termination or discharge through
a grievance procedure required by this subdivision.
(e) This section does not require employers or employee organizations to negotiate on
matters other than terms and conditions of employment.
    Subd. 5. Implementation. Upon execution of the contract, the employer shall implement it
in the form of an ordinance or resolution. If implementation of the contract requires adoption of a
law, ordinance, or charter amendment, the employer shall make every reasonable effort to propose
and secure the enactment of this law, ordinance, resolution, or charter amendment.
    Subd. 6. Contract in effect. During the period after contract expiration and prior to the date
when the right to strike matures, and for additional time if the parties agree, the terms of an
existing contract shall continue in effect and shall be enforceable upon both parties.
History: 1984 c 462 s 21; 1986 c 444; 1987 c 186 s 15; 1988 c 605 s 7; 1989 c 255 s 11;
1991 c 196 s 6; 1992 c 582 s 21; 1998 c 397 art 11 s 3

179A.21 GRIEVANCE ARBITRATION.
    Subdivision 1. Definition. For purposes of this section, "grievance" means a dispute or
disagreement as to the interpretation or application of any term or terms of any contract required
by section 179A.20.
    Subd. 2. Selection. If the parties to a contract cannot agree upon an arbitrator or panel of
arbitrators as provided by the contract grievance procedures or the procedures established by the
commissioner, the parties shall alternately strike names from a list of arbitrators selected by the
commissioner until only one name remains. This arbitrator shall decide the grievance and the
decision is binding upon the parties. The parties shall share equally the costs and fees of the
arbitrator.
    Subd. 3. Limits. Arbitration decisions authorized or required by a grievance procedure are
subject to the limitations contained in section 179A.16, subdivision 5. The arbitrator shall send
the commissioner a copy of each grievance arbitration decision and any written explanation. If
any issues submitted to arbitration are settled voluntarily before the arbitrator issues a decision,
the arbitrator shall report the settlement to the commissioner.
History: 1984 c 462 s 22; 1987 c 186 s 15; 1992 c 582 s 22,23

179A.22 STATE AND ITS EMPLOYEES; NEGOTIATIONS.
    Subdivision 1. Appointing authority. For purposes of this section the term "appointing
authority" has the meaning given it by section 43A.02, subdivision 5.
    Subd. 2. Employer. The employer of state executive branch employees shall be, for purposes
of sections 179A.01 to 179A.25, the commissioner of employee relations or the commissioner's
representative.
    Subd. 3. Duties. In all negotiations between the executive branch of the state and exclusive
representatives, the state executive branch shall be represented by the commissioner of employee
relations or the commissioner's representative. The attorney general, and each appointing
authority shall cooperate with the commissioner of employee relations in conducting negotiations
and shall make available any personnel and other resources necessary to enable the commissioner
to conduct effective negotiations.
    Subd. 4. Agreements. The commissioner of employee relations is authorized to enter into
agreements with exclusive representatives. The negotiated agreements and arbitration decision
must be submitted to the legislature to be accepted or rejected in accordance with this section
and section 3.855.
History: 1984 c 462 s 23; 1986 c 444; 1992 c 582 s 24; 1994 c 560 art 2 s 20; 1999
c 216 art 7 s 14,15

179A.225 COURT EMPLOYEES; NEGOTIATIONS.
    Subdivision 1. Employer. The employer of court employees is, for purposes of sections
179A.01 to 179A.25, the state court administrator or designated representative.
    Subd. 2. Duties. In all negotiations between the state court system and exclusive
representatives of court employees, the state court system must be represented by the state
court administrator or designated representative. All judges and managerial, confidential, and
supervisory personnel of the Supreme Court, the Court of Appeals, and the judicial districts that
are under section 480.181, subdivision 1, paragraph (b), shall cooperate with the designated
representative of the state court administrator in conducting negotiations and shall make available
any personnel and other resources necessary to enable the representative of the state court
administrator to conduct effective negotiations.
    Subd. 3. Agreements. The state court administrator is authorized to enter into agreements
with exclusive representatives.
History: 1999 c 216 art 7 s 16

179A.226 BOARD OF PUBLIC DEFENSE EMPLOYEES; NEGOTIATIONS.
    Subdivision 1. Duties. In all negotiations between the state Board of Public Defense and
exclusive representatives, the board must be represented by the chief administrator of the board
or the chief administrator's designee. Each appointing authority shall cooperate with the chief
administrator in conducting negotiations and shall make available any personnel and other
resources necessary to enable the chief administrator to conduct effective negotiations. For
purposes of this subdivision, "appointing authority" means the state public defender, the deputy
state public defender, or the chief public defender of the judicial district, as appropriate.
    Subd. 2. Agreements. The state Board of Public Defense is authorized to enter into
agreements with exclusive representatives.
History: 1999 c 216 art 7 s 17

179A.23 LIMITATION ON CONTRACTING-OUT OF SERVICES PROVIDED BY
MEMBERS OF A STATE OF MINNESOTA OR UNIVERSITY OF MINNESOTA
BARGAINING UNIT.
Any contract entered into after March 23, 1982, by the state of Minnesota or the University
of Minnesota involving services, any part of which, in the absence of the contract, would be
performed by members of a unit provided in sections 179A.10 and 179A.11, shall be subject to
section 16C.06 and shall provide for the preferential employment by a party of members of that
unit whose employment with the state of Minnesota or the University of Minnesota is terminated
as a result of that contract.
Contracts entered into by the state of Minnesota for the purpose of providing court reporter
services or transcription of the record of a hearing which was recorded by means of an audio
magnetic recording device shall be subject to section 16C.08 and the preferential employment
provisions enumerated in this section. Any court reporter seeking a contract pursuant to the
preferential employment provisions of this section shall be given preference when the services
are needed only if that court reporter's charges for the services requested are no greater than the
average of the charges made for the identical services by other court reporters in the same locality
who are also under contract with the state for those services.
History: 1984 c 462 s 24; 1987 c 384 art 2 s 1; 1998 c 386 art 2 s 66

179A.24 APPLICATION OF SECTIONS 185.07 TO 185.19.
Sections 185.07 to 185.19, apply to all public employees, including those specifically
excepted from the definition of public employee in section 179A.03, subdivision 14, except as
sections 185.07 to 185.19 are inconsistent with section 179A.13.
History: 1984 c 462 s 25

179A.25 INDEPENDENT REVIEW.
It is the public policy of the state of Minnesota that every public employee should be
provided with the right of independent review, by a disinterested person or agency, of any
grievance arising out of the interpretation of or adherence to terms and conditions of employment.
When such review is not provided under statutory, charter, or ordinance provisions for a civil
service or merit system, the governmental agency may provide for such review consistent with
the provisions of law or charter. If no other procedure exists for the independent review of such
grievances, the employee may present the grievance to the commissioner under procedures
established by the commissioner.
History: 1984 c 462 s 26; 1986 c 444; 1992 c 582 s 25

179A.30 REGIONAL TREATMENT CENTER, NURSING HOME, AND
COMMUNITY-BASED FACILITY EMPLOYEES.
    Subdivision 1. Exclusive representative. The exclusive representative of employees may
meet and negotiate with the commissioner of employee relations, in consultation with the
commissioner of human services, concerning possible changes in hours or work schedules that
could produce cost reductions in the regional treatment centers.
    Subd. 2. Commissioner of employee relations. The commissioner of employee relations
shall meet and negotiate in accordance with this chapter with the appropriate exclusive
representative of the regional treatment center employees concerning the terms and conditions of
employment that result from state-operated, community-based residential programs established
under section 252.50.
History: 1988 c 689 art 2 s 62

179A.40 HENNEPIN HEALTHCARE SYSTEM, INC.
    Subdivision 1. Units. The following are the appropriate employee units of the Hennepin
Healthcare System, Inc. All units shall exclude supervisors, managerial employees, and
confidential employees. No additional units of Hennepin Healthcare System, Inc., shall be eligible
to be certified for the purpose of meeting and negotiating with an exclusive representative. The
units include all:
(1) registered nurses;
(2) physicians;
(3) professionals except for registered nurses and physicians;
(4) technical and paraprofessional employees;
(5) carpenters, electricians, painters, and plumbers;
(6) health general service employees;
(7) interpreters;
(8) emergency medical technicians/emergency medical dispatchers (EMT/EMD), and
paramedics;
(9) bioelectronics specialists, bioelectronics technicians, and electronics technicians;
(10) skilled maintenance employees; and
(11) clerical employees.
    Subd. 2. Nonconforming units. Preexisting Hennepin County Medical Center bargaining
units covered by existing labor agreements on June 3, 2005, that do not conform to one of the 11
units described in subdivision 1 shall continue to be appropriate. If an employee representative
seeks to represent employees who are residual to an existing nonconforming unit, then all of
the employees who are residual to that unit shall be eligible to vote in an election conducted
by the commissioner. An election shall be held when an employee organization or group of
employees files a petition for an election and the petition is supported by a showing of interest
from 30 percent or more of the employees who are residual to an existing nonconforming unit.
The employees who are residual to an existing nonconforming unit shall be included within the
existing nonconforming unit if a majority of the eligible employees who vote cast their ballots in
favor of representation during an election conducted by the commissioner. Nothing shall preclude
an exclusive representative and Hennepin HealthCare System, Inc., or prior to the formation of
the corporation Hennepin County, from agreeing to an election conducted by the commissioner
or other appropriate procedure by which less than all of the employees who are residual to an
existing nonconforming unit may be added to the unit.
History: 2005 c 125 art 2 s 5

NOTE:This section, as added by Laws 2005, chapter 125, article 2, section 5, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section
29, as amended by Laws 2005, First Special Session chapter 7, section 34; and Laws 2005,
chapter 125, article 2, section 10.