2007 Minnesota Statutes

43A.06 POWERS AND RESPONSIBILITIES THROUGH THE LABOR RELATIONS
BUREAU.
    Subdivision 1. General. (a) The commissioner, through the Labor Relations Bureau, shall
perform the duties assigned to the commissioner by sections 3.855, 179A.01 to 179A.25 and
this section.
(b) The deputy commissioner for the Labor Relations Bureau shall be the state
labor negotiator for purposes of negotiating and administering agreements with exclusive
representatives of employees and shall perform any other duties delegated by the commissioner
subject to the limitations in paragraph (c).
(c) The Board of Trustees of the Minnesota State Colleges and Universities may exercise
the powers under this section for employees included in the units provided in clauses (9), (10),
and (11) of section 179A.10, subdivision 2, except with respect to sections 43A.22 to 43A.31,
which shall continue to be the responsibility of the commissioner. The commissioner of employee
relations shall have the right to review and comment to the Minnesota State Colleges and
Universities on the board's final proposals prior to exchange of final positions with the designated
bargaining units as well as any requests for interest arbitration. When submitting a proposed
collective bargaining agreement to the Legislative Coordinating Commission and the legislature
under section 3.855, subdivision 2, the Board of Trustees must use procedures and assumptions
consistent with those used by the commissioner of employee relations in calculating the costs
of the proposed contract. The Legislative Coordinating Commission must, when considering a
collective bargaining agreement or arbitration award submitted by the Board of Trustees, evaluate
market conditions affecting the employees in the bargaining unit, equity with other bargaining
units in the executive branch, and the ability of the trustees and the state to fund the agreement
or award.
    Subd. 2. Hearings. The commissioner shall represent the state at hearings conducted by the
commissioner of the bureau of mediation services.
    Subd. 3. Collective bargaining. The commissioner through the Labor Relations Bureau shall
represent the state in all collective bargaining between the state and exclusive representatives, and
shall represent the state in mediation and arbitration of collective bargaining disputes.
    Subd. 4. Reports. The commissioner shall report to the Legislative Coordinating
Commission pursuant to section 3.855.
    Subd. 5. Interpretation of collective bargaining agreements. The commissioner shall
be responsible for management interpretation of all collective bargaining agreements between
the state and exclusive representatives and provide management personnel with training in the
interpretation and application of these collective bargaining agreements.
    Subd. 6. Grievances; arbitration. The commissioner shall oversee the administration of
all written grievances arising under collective bargaining agreements between the state and an
exclusive representative and shall represent the state at all grievance arbitrations.
    Subd. 7. Grievance settlement. The commissioner shall have final authority to decide if a
grievance shall be submitted to arbitration or if it shall be settled without arbitration.
    Subd. 8. Unfair labor practice charges. The commissioner shall direct investigations and
shall have authority to decide whether agencies in the executive branch shall settle unfair labor
practice charges filed against the employer, appointing authorities or their agents pursuant to
chapter 179A.
History: 1981 c 210 s 6; 1984 c 462 s 27; 1987 c 186 s 15; 1992 c 582 s 2; 1994 c 532
art 4 s 1; 1995 c 212 art 4 s 64; 1995 c 248 art 2 s 7; 1996 c 398 s 23; 1997 c 156 s 2; 1999
c 182 s 5; 2001 c 133 s 1