2006 Minnesota Statutes

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