2006 Minnesota Statutes

43A.18 TOTAL COMPENSATION; COLLECTIVE BARGAINING AGREEMENTS;
PLANS.
    Subdivision 1. Collective bargaining agreements. Except as provided in section 43A.01
and to the extent they are covered by a collective bargaining agreement, the compensation, terms
and conditions of employment for all employees represented by an exclusive representative
certified pursuant to chapter 179A shall be governed solely by the collective bargaining agreement
executed by the parties and approved by the legislature.
    Subd. 2. Commissioner's plan. Except as provided in section 43A.01, the compensation,
terms and conditions of employment for all classified and unclassified employees, except
unclassified employees in the legislative and judicial branches, who are not covered by a
collective bargaining agreement and not otherwise provided for in chapter 43A or other law
are governed solely by a plan developed by the commissioner. The Legislative Coordinating
Commission shall review and approve, reject, or modify the plan under section 3.855, subdivision
2 . The plan need not be adopted in accordance with the rulemaking provisions of chapter 14.
    Subd. 3. Managerial plan. (a) The commissioner shall identify individual positions or
groups of positions in the classified and unclassified service in the executive branch as being
managerial. The list must not include positions listed in subdivision 4.
(b) The commissioner shall periodically prepare a plan for total compensation and terms and
conditions of employment for employees of those positions identified as being managerial and
whose salaries and benefits are not otherwise provided for in law or other plans established under
this chapter. Before becoming effective those portions of the plan establishing compensation
and terms and conditions of employment must be reviewed and approved or modified by the
Legislative Coordinating Commission and the legislature under section 3.855, subdivisions 2
and 3 .
(c) Incumbents of managerial positions as identified under this subdivision must be excluded
from any bargaining units under chapter 179A.
(d) The management compensation plan must provide methods and levels of compensation
for managers that will be generally comparable to those applicable to managers in other public
and private employment. The plan must ensure that compensation within assigned salary ranges
is related to level of performance. The plan must also provide a procedure for establishment
of a salary rate for a newly created position and a new appointee to an existing position and
for progression through assigned salary ranges. The employee benefits established under the
provisions of the managerial plan may be extended to agency heads whose salaries are established
in section 15A.0815 and to constitutional officers, judges of the Workers' Compensation Court
of Appeals, and Tax Court judges.
    Subd. 3a. Board of Trustees of the Minnesota State Colleges and Universities plan. Total
compensation for unclassified managerial positions under section 43A.08, subdivision 1, clause
(9), in the Board of Trustees of the Minnesota State Colleges and Universities not covered by a
collective bargaining agreement must be determined by the Board of Trustees of the Minnesota
State Colleges and Universities. Before submitting a compensation plan to the legislature and the
Legislative Commission on Employee Relations, the Board of Trustees of the Minnesota State
Colleges and Universities must submit the plan to the commissioner of employee relations for
review and comment. The commissioner must complete the review within 14 days of its receipt.
Compensation plans established under this subdivision must be approved by the legislature and the
Legislative Commission on Employee Relations under section 3.855, before becoming effective.
    Subd. 3b. State Board of Investment plan. Total compensation for unclassified positions
not covered by a collective bargaining agreement under section 11A.04 in the State Board
of Investment must be determined by the State Board of Investment. Before submitting a
compensation plan to the legislature and the Legislative Coordinating Commission, the State
Board of Investment must submit the plan to the commissioner of employee relations for review
and comment. The commissioner must complete the review within 14 days of its receipt.
Compensation plans established under this subdivision must be approved by the legislature and
the Legislative Coordinating Commission under section 3.855, before becoming effective.
    Subd. 4. Plans not established but approved by commissioner. (a) Notwithstanding any
other law to the contrary, terms and conditions of employment for employees listed in this
subdivision must be set by appointing authorities within the limits of compensation plans that
have been approved by the commissioner before becoming effective. Compensation plans
established under paragraph (c) must be reviewed and approved, modified, or rejected by the
legislature and the Legislative Coordinating Commission under section 3.855, subdivisions 2
and 3 , before becoming effective.
(b) Total compensation for employees who are not covered by a collective bargaining
agreement in the offices of the governor, lieutenant governor, attorney general, secretary of state,
and state auditor must be determined by the governor, lieutenant governor, attorney general,
secretary of state, and state auditor, respectively.
(c) Total compensation for unclassified positions not covered by a collective bargaining
agreement in the Minnesota Office of Higher Education must be determined by the Minnesota
Office of Higher Education.
    Subd. 4a. Compensation reports. On July 1 of each odd-numbered year the State
Agricultural Society, the Minnesota Technology, Inc. board of directors, and the governing
board of the Minnesota State High School League shall each submit a report to the Legislative
Commission on Employee Relations on the total compensation plan for their employees.
    Subd. 5.[Repealed, 1Sp2001 c 10 art 2 s 102]
    Subd. 6. Legislative and judicial branch compensation. Total compensation plans for
unclassified employees of the legislature and of legislative commissions shall be determined by
the legislature consistent with chapter 3, provided that insurance benefits for these employees
and for legislators shall be determined by the Legislative Coordinating Commission, consistent
with sections 43A.22 to 43A.30. Total compensation plans for unclassified employees of the
judicial branch shall be determined by the appointing authority, unless other law provides a
different method for establishing this compensation. Judicial branch compensation plans shall be
consistent with sections 43A.22 to 43A.30.
    Subd. 7. Members of Minnesota National Guard. Members of the Minnesota National
Guard shall receive the pay and allowances prescribed by the armed forces of the United States
for similar rank and time in service.
    Subd. 8. Compensation relationships of positions. In preparing management negotiating
positions for compensation which is established pursuant to subdivision 1, and in establishing,
recommending and approving total compensation for any position within the plans covered in
subdivisions 2, 3 and 4, the commissioner shall assure that:
(a) Compensation for positions in the classified and the unclassified service compare
reasonably to one another;
(b) Compensation for state positions bears reasonable relationship to compensation for
similar positions outside state service;
(c) Compensation for management positions bears reasonable relationship to compensation
of represented employees managed;
(d) Compensation for positions within the classified service bears reasonable relationships
among related job classes and among various levels within the same occupation; and
(e) Compensations bear reasonable relationships to one another within the meaning of this
subdivision if compensation for positions which require comparable skill, effort, responsibility,
and working conditions is comparable and if compensation for positions which require
differing skill, effort, responsibility, and working conditions is proportional to the skill, effort,
responsibility, and working conditions required.
History: 1981 c 210 s 18; 1982 c 424 s 130; 1982 c 560 s 27,28; 1982 c 634 s 7; 1983 c
216 art 1 s 12; 1983 c 258 s 12; 1983 c 299 s 15-17; 1984 c 462 s 27; 1984 c 640 s 32; 1Sp1985
c 10 s 48; 1Sp1985 c 13 s 170; 1986 c 444; 1987 c 186 s 6; 1988 c 667 s 9; 1990 c 375 s 3;
1990 c 571 s 22-24; 1991 c 238 art 1 s 5; 1993 c 122 s 2; 1994 c 532 art 4 s 3,4; 1994 c 560
art 2 s 13-16; 1995 c 212 art 3 s 59; art 4 s 64; 1995 c 248 art 2 s 7; 1996 c 425 s 5; 2Sp1997
c 3 s 11,12,18; 1999 c 86 art 1 s 79; 1999 c 182 s 12; 2000 c 260 s 10; 2003 c 112 art 2 s 50;
2005 c 55 s 4; 2005 c 107 art 2 s 60