1999 Minnesota Statutes

     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 contracts with exclusive representatives is superseded by this 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 post-secondary employers and 
 post-secondary 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.    Uniform settlement form.  (a) A public 
 employer, other than a township, shall complete a uniform 
 collective bargaining agreement settlement document for each 
 collective bargaining agreement or arbitration award.  The 
 public employer shall: 

    (1) present the settlement document to the governing body 
 at the time it ratifies a collective bargaining agreement or 
 arbitration award; 

    (2) make the settlement document available afterward for 
 inspection during normal business hours at the principal 
 administrative offices of the public employer; and 

    (3) submit a copy of each settlement document to the 
 department of finance within ten days of the approval by the 
 governing body of the collective bargaining agreement or 
 arbitration award. 

    (b) The commissioner of finance shall make available 
 uniform baseline determination documents and uniform collective 
 bargaining agreement settlement documents applicable to all 
 negotiations between exclusive representatives of appropriate 
 units of public employees and public employers other than 
 townships and prescribe procedures and instructions for 
 completion of the documents.  The commissioner of finance shall, 
 at a minimum, include these individual elements in the uniform 
 baseline determination document:  the costs of any increases to 
 the wage schedule; the costs of employees moving through the 
 wage schedule; the costs of medical insurance; the costs of 
 dental insurance; the costs of life insurance; lump-sum 
 payments; shift differentials; extracurricular activities; 
 longevity; employer contributions to social security; employer 
 contributions to state or local retirement plans; and 
 contributions to a deferred compensation account.  The 
 calculation of the base year must be based on an annualization 
 of the costs provided in the base year contract.  The documents 
 must be in the same form as presented by the commissioner of the 
 bureau of mediation services to the legislative commission on 
 employee relations on February 17, 1994; however, the 
 legislative coordinating commission may modify the form as 
 provided in section 3.855, subdivision 4. 

    (c) The commissioner of finance shall provide training and 
 technical assistance to public employers who request it in 
 completing the uniform baseline determination documents and 
 uniform collective bargaining agreement settlement documents.  
 The commissioner of finance, at least annually, shall inform 
 public employers of their obligations to complete and post these 
 forms and to submit copies of the completed forms to the 
 department of finance. 

    HIST: 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