2006 Minnesota Statutes

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.