| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public employment; repealing authority for exclusive representatives |
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| 3 | 3 | | 1.3 to charge fair share fees; amending Minnesota Statutes 2022, sections 13.43, |
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| 4 | 4 | | 1.4 subdivision 6; 179A.04, subdivisions 1, 3; 179A.051; 179A.102, subdivision 6; |
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| 5 | 5 | | 1.5 179A.60, subdivision 7; 256B.0711, subdivision 4; 402A.40, subdivision 6; |
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| 6 | 6 | | 1.6 repealing Minnesota Statutes 2022, sections 179A.03, subdivision 9; 179A.06, |
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| 7 | 7 | | 1.7 subdivision 3. |
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| 8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 9 | 9 | | 1.9 Section 1. Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read: |
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| 10 | 10 | | 1.10 Subd. 6.Access by labor organizations.Personnel data may be disseminated to labor |
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| 11 | 11 | | 1.11organizations to the extent that the responsible authority determines that the dissemination |
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| 12 | 12 | | 1.12is necessary to conduct elections, notify employees of fair share fee assessments, and |
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| 13 | 13 | | 1.13implement the provisions of chapters 179 and 179A. Personnel data shall be disseminated |
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| 14 | 14 | | 1.14to labor organizations and to the Bureau of Mediation Services to the extent the dissemination |
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| 15 | 15 | | 1.15is ordered or authorized by the commissioner of the Bureau of Mediation Services. |
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| 16 | 16 | | 1.16 Sec. 2. Minnesota Statutes 2022, section 179A.04, subdivision 1, is amended to read: |
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| 17 | 17 | | 1.17 Subdivision 1.Petitions.The commissioner shall accept and investigate all petitions |
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| 18 | 18 | | 1.18for: |
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| 19 | 19 | | 1.19 (1) certification or decertification as the exclusive representative of an appropriate unit; |
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| 20 | 20 | | 1.20 (2) mediation services; |
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| 21 | 21 | | 1.21 (3) any election or other voting procedures provided for in sections 179A.01 to 179A.25; |
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| 22 | 22 | | 1.22and |
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| 23 | 23 | | 1Sec. 2. |
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| 24 | 24 | | REVISOR JFK/AD 23-0131201/10/23 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 332 |
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| 30 | 30 | | NINETY-THIRD SESSION |
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| 31 | 31 | | Authored by Quam01/11/2023 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Labor and Industry Finance and Policy 2.1 (4) certification to arbitration; and. |
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| 33 | 33 | | 2.2 (5) fair share fee challenges, upon the receipt of a filing fee. The commissioner shall |
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| 34 | 34 | | 2.3hear and decide all issues in a fair share fee challenge. |
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| 35 | 35 | | 2.4 Sec. 3. Minnesota Statutes 2022, section 179A.04, subdivision 3, is amended to read: |
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| 36 | 36 | | 2.5 Subd. 3.Other duties.(a) The commissioner shall: |
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| 37 | 37 | | 2.6 (1) provide mediation services as requested by the parties until the parties reach |
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| 38 | 38 | | 2.7agreement, and may continue to assist parties after they have submitted their final positions |
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| 39 | 39 | | 2.8for interest arbitration; |
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| 40 | 40 | | 2.9 (2) issue notices, subpoenas, and orders required by law to carry out duties under sections |
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| 41 | 41 | | 2.10179A.01 to 179A.25; |
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| 42 | 42 | | 2.11 (3) assist the parties in formulating petitions, notices, and other papers required to be |
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| 43 | 43 | | 2.12filed with the commissioner or the board; |
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| 44 | 44 | | 2.13 (4) conduct elections; |
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| 45 | 45 | | 2.14 (5) certify the final results of any election or other voting procedure conducted under |
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| 46 | 46 | | 2.15sections 179A.01 to 179A.25; |
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| 47 | 47 | | 2.16 (6) adopt rules relating to the administration of this chapter and the conduct of hearings |
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| 48 | 48 | | 2.17and elections; |
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| 49 | 49 | | 2.18 (7) receive, catalogue, file, and make available to the public all decisions of arbitrators |
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| 50 | 50 | | 2.19and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions |
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| 51 | 51 | | 2.20to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), and |
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| 52 | 52 | | 2.21the commissioner's orders and decisions; |
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| 53 | 53 | | 2.22 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section |
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| 54 | 54 | | 2.23179A.20, subdivision 4, that is available to any employee in a unit not covered by a |
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| 55 | 55 | | 2.24contractual grievance procedure; |
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| 56 | 56 | | 2.25 (9) maintain a schedule of state employee classifications or positions assigned to each |
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| 57 | 57 | | 2.26unit established in section 179A.10, subdivision 2; |
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| 58 | 58 | | 2.27 (10) collect fees established by rule for empanelment of persons on the labor arbitrator |
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| 59 | 59 | | 2.28roster maintained by the commissioner or in conjunction with fair share fee challenges. |
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| 60 | 60 | | 2.29Arbitrator application fees will be $100 per year for initial applications and renewals effective |
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| 61 | 61 | | 2.30July 1, 2007; |
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| 62 | 62 | | 2Sec. 3. |
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| 63 | 63 | | REVISOR JFK/AD 23-0131201/10/23 3.1 (11) provide technical support and assistance to voluntary joint labor-management |
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| 64 | 64 | | 3.2committees established for the purpose of improving relationships between exclusive |
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| 65 | 65 | | 3.3representatives and employers, at the discretion of the commissioner; |
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| 66 | 66 | | 3.4 (12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision |
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| 67 | 67 | | 3.54; |
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| 68 | 68 | | 3.6 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive |
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| 69 | 69 | | 3.7representatives for the resolution of grievance or interest disputes. Each person on the list |
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| 70 | 70 | | 3.8must be knowledgeable about collective bargaining and labor relations in the public sector, |
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| 71 | 71 | | 3.9well versed in state and federal labor law, and experienced in and knowledgeable about |
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| 72 | 72 | | 3.10labor arbitration. To the extent practicable, the commissioner shall appoint members to the |
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| 73 | 73 | | 3.11list so that the list is gender and racially diverse; and |
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| 74 | 74 | | 3.12 (14) upon request of the board, provide administrative support and other assistance to |
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| 75 | 75 | | 3.13the board, including assistance in development and adoption of board rules. |
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| 76 | 76 | | 3.14 (b) From the names provided by representative organizations, the commissioner shall |
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| 77 | 77 | | 3.15maintain a list of arbitrators to conduct teacher discharge or termination hearings according |
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| 78 | 78 | | 3.16to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following |
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| 79 | 79 | | 3.17requirements: |
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| 80 | 80 | | 3.18 (1) be a former or retired judge; |
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| 81 | 81 | | 3.19 (2) be a qualified arbitrator on the list maintained by the bureau; |
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| 82 | 82 | | 3.20 (3) be a present, former, or retired administrative law judge; or |
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| 83 | 83 | | 3.21 (4) be a neutral individual who is learned in the law and admitted to practice in Minnesota, |
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| 84 | 84 | | 3.22who is qualified by experience to conduct these hearings, and who is without bias to either |
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| 85 | 85 | | 3.23party. |
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| 86 | 86 | | 3.24Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota |
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| 87 | 87 | | 3.25School Boards Association a list of up to 14 names of persons to be on the list. The |
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| 88 | 88 | | 3.26commissioner may adopt rules about maintaining and updating the list. |
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| 89 | 89 | | 3.27 Sec. 4. Minnesota Statutes 2022, section 179A.051, is amended to read: |
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| 90 | 90 | | 3.28 179A.051 APPEALS OF COMMISSIONER'S DECISIONS. |
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| 91 | 91 | | 3.29 (a) Decisions of the commissioner relating to supervisory, confidential, essential, and |
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| 92 | 92 | | 3.30professional employees, or appropriateness of a unit, or fair share fee challenges may be |
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| 93 | 93 | | 3.31reviewed on certiorari by the court of appeals. A petition for a writ of certiorari must be |
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| 94 | 94 | | 3.32filed and served on the other party or parties and the commissioner within 30 days from the |
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| 95 | 95 | | 3Sec. 4. |
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| 96 | 96 | | REVISOR JFK/AD 23-0131201/10/23 4.1date of the mailing of the commissioner's decision. The petition must be served on the other |
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| 97 | 97 | | 4.2party or parties at the party's or parties' last known address. |
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| 98 | 98 | | 4.3 (b) Decisions of the commissioner relating to unfair labor practices under section |
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| 99 | 99 | | 4.4179A.12, subdivision 11, may be appealed to the board if the appeal is filed with the board |
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| 100 | 100 | | 4.5and served on all other parties no later than 30 days after service of the commissioner's |
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| 101 | 101 | | 4.6decision. |
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| 102 | 102 | | 4.7 Sec. 5. Minnesota Statutes 2022, section 179A.102, subdivision 6, is amended to read: |
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| 103 | 103 | | 4.8 Subd. 6.Contract and representation responsibilities.(a) Notwithstanding the |
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| 104 | 104 | | 4.9provisions of section 179A.101, the exclusive representatives of units of court employees |
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| 105 | 105 | | 4.10certified prior to the effective date of the judicial district coming under section 480.181, |
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| 106 | 106 | | 4.11subdivision 1, paragraph (b), remain responsible for administration of their contracts and |
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| 107 | 107 | | 4.12for other contractual duties and have the right to dues and fair share fee deduction and other |
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| 108 | 108 | | 4.13contractual privileges and rights until a contract is agreed upon with the state court |
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| 109 | 109 | | 4.14administrator for a new unit established under section 179A.101. Exclusive representatives |
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| 110 | 110 | | 4.15of court employees certified after the effective date of Laws 1999, chapter 216, article 7, |
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| 111 | 111 | | 4.16section 10, in the judicial district are immediately upon certification responsible for |
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| 112 | 112 | | 4.17bargaining on behalf of employees within the unit. They are also responsible for administering |
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| 113 | 113 | | 4.18grievances arising under previous contracts covering employees included within the unit |
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| 114 | 114 | | 4.19which remain unresolved upon agreement with the state court administrator on a contract |
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| 115 | 115 | | 4.20for a new unit established under section 179A.101. Where the employer does not object, |
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| 116 | 116 | | 4.21these responsibilities may be varied by agreement between the outgoing and incoming |
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| 117 | 117 | | 4.22exclusive representatives. All other rights and duties of representation begin on July 1 of |
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| 118 | 118 | | 4.23the year in which the state assumes the funding of court administration in the judicial district, |
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| 119 | 119 | | 4.24except that exclusive representatives certified after the effective date of Laws 1999, chapter |
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| 120 | 120 | | 4.25216, article 7, section 10, shall immediately, upon certification, have the right to all employer |
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| 121 | 121 | | 4.26information and all forms of access to employees within the bargaining unit which would |
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| 122 | 122 | | 4.27be permitted to the current contract holder, including the rights in section 179A.07, |
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| 123 | 123 | | 4.28subdivision 6. This section does not affect an existing collective bargaining contract. |
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| 124 | 124 | | 4.29Incoming exclusive representatives of court employees from judicial districts that come |
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| 125 | 125 | | 4.30under section 480.181, subdivision 1, paragraph (b), are immediately, upon certification, |
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| 126 | 126 | | 4.31responsible for bargaining on behalf of all previously unrepresented employees assigned to |
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| 127 | 127 | | 4.32their units. All other rights and duties of exclusive representatives begin on July 1 of the |
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| 128 | 128 | | 4.33year in which the state assumes the funding of court administration in the judicial district. |
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| 129 | 129 | | 4Sec. 5. |
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| 130 | 130 | | REVISOR JFK/AD 23-0131201/10/23 5.1 (b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter 216, |
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| 131 | 131 | | 5.2article 7, sections 3 to 15, prevents an exclusive representative certified after the effective |
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| 132 | 132 | | 5.3dates of those provisions from assessing fair share or dues deductions immediately upon |
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| 133 | 133 | | 5.4certification for employees in a unit established under section 179A.101 if the employees |
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| 134 | 134 | | 5.5were unrepresented for collective bargaining purposes before that certification. |
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| 135 | 135 | | 5.6 Sec. 6. Minnesota Statutes 2022, section 179A.60, subdivision 7, is amended to read: |
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| 136 | 136 | | 5.7 Subd. 7.Contract negotiations and administration.The exclusive representative of |
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| 137 | 137 | | 5.8employees of a new joint powers entity shall upon certification be responsible to negotiate |
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| 138 | 138 | | 5.9a new collective bargaining agreement, file grievances, and otherwise administer the prior |
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| 139 | 139 | | 5.10collective bargaining agreement until a new collective bargaining agreement is agreed to, |
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| 140 | 140 | | 5.11and to receive dues or fair-share fees. |
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| 141 | 141 | | 5.12 Sec. 7. Minnesota Statutes 2022, section 256B.0711, subdivision 4, is amended to read: |
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| 142 | 142 | | 5.13 Subd. 4.Duties of the commissioner of human services.(a) The commissioner shall |
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| 143 | 143 | | 5.14afford to all participants within a covered program the option of employing an individual |
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| 144 | 144 | | 5.15provider to provide direct support services. |
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| 145 | 145 | | 5.16 (b) The commissioner shall ensure that all employment of individual providers is in |
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| 146 | 146 | | 5.17conformity with this section and section 179A.54, including by modifying program operations |
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| 147 | 147 | | 5.18as necessary to ensure proper classification of individual providers, to require that all relevant |
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| 148 | 148 | | 5.19vendors within covered programs assist and cooperate as needed, including providers of |
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| 149 | 149 | | 5.20fiscal support, fiscal intermediary, financial management, or similar services to provide |
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| 150 | 150 | | 5.21support to participants and participants' representatives with regard to employing individual |
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| 151 | 151 | | 5.22providers, and to otherwise fulfill the requirements of this section, including the provisions |
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| 152 | 152 | | 5.23of paragraph (f). |
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| 153 | 153 | | 5.24 (c) The commissioner shall: |
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| 154 | 154 | | 5.25 (1) establish for all individual providers compensation rates, payment terms and practices, |
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| 155 | 155 | | 5.26and any benefit terms, provided that these rates and terms may permit individual provider |
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| 156 | 156 | | 5.27variations based on traditional and relevant factors otherwise permitted by law; |
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| 157 | 157 | | 5.28 (2) provide for required orientation programs within three months of hire for individual |
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| 158 | 158 | | 5.29providers newly hired on or after January 1, 2015, regarding their employment within the |
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| 159 | 159 | | 5.30covered programs through which they provide services; |
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| 160 | 160 | | 5.31 (3) have the authority to provide for relevant training and educational opportunities for |
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| 161 | 161 | | 5.32individual providers, as well as for participants and participants' representatives who receive |
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| 162 | 162 | | 5Sec. 7. |
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| 163 | 163 | | REVISOR JFK/AD 23-0131201/10/23 6.1services from individual providers, including opportunities for individual providers to obtain |
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| 164 | 164 | | 6.2certification documenting additional training and experience in areas of specialization; |
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| 165 | 165 | | 6.3 (4) have the authority to provide for the maintenance of a public registry of individuals |
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| 166 | 166 | | 6.4who have consented to be included to: |
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| 167 | 167 | | 6.5 (i) provide routine, emergency, and respite referrals of qualified individual providers |
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| 168 | 168 | | 6.6who have consented to be included in the registry to participants and participants' |
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| 169 | 169 | | 6.7representatives; |
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| 170 | 170 | | 6.8 (ii) enable participants and participants' representatives to gain improved access to, and |
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| 171 | 171 | | 6.9choice among, prospective individual providers, including by having access to information |
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| 172 | 172 | | 6.10about individual providers' training, educational background, work experience, and |
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| 173 | 173 | | 6.11availability for hire; and |
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| 174 | 174 | | 6.12 (iii) provide for appropriate employment opportunities for individual providers and a |
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| 175 | 175 | | 6.13means by which they may more easily remain available to provide services to participants |
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| 176 | 176 | | 6.14within covered programs; and |
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| 177 | 177 | | 6.15 (5) establish other appropriate terms and conditions of employment governing the |
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| 178 | 178 | | 6.16workforce of individual providers. |
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| 179 | 179 | | 6.17 (d) The commissioner's authority over terms and conditions of individual providers' |
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| 180 | 180 | | 6.18employment, including compensation, payment, and benefit terms, employment opportunities |
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| 181 | 181 | | 6.19within covered programs, individual provider orientation, training, and education |
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| 182 | 182 | | 6.20opportunities, and the operation of public registries shall be subject to the state's obligations |
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| 183 | 183 | | 6.21to meet and negotiate under chapter 179A, as modified and made applicable to individual |
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| 184 | 184 | | 6.22providers under section 179A.54, and to agreements with any exclusive representative of |
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| 185 | 185 | | 6.23individual providers, as authorized by chapter 179A, as modified and made applicable to |
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| 186 | 186 | | 6.24individual providers under section 179A.54. Except to the extent otherwise provided by |
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| 187 | 187 | | 6.25law, the commissioner shall not undertake activities in paragraph (c), clauses (3) and (4), |
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| 188 | 188 | | 6.26prior to July 1, 2015, unless included in a negotiated agreement and an appropriation has |
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| 189 | 189 | | 6.27been provided by the legislature to the commissioner. |
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| 190 | 190 | | 6.28 (e) The commissioner shall cooperate in the implementation of section 179A.54 with |
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| 191 | 191 | | 6.29the commissioner of management and budget in the same manner as would be required of |
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| 192 | 192 | | 6.30an appointing authority under section 179A.22 with respect to any negotiations between |
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| 193 | 193 | | 6.31the executive branch of the state and the exclusive representative of individual providers, |
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| 194 | 194 | | 6.32as authorized under sections 179A.22 and 179A.54. Any entity providing relevant services |
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| 195 | 195 | | 6.33within covered programs, including providers of fiscal support, fiscal intermediary, financial |
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| 196 | 196 | | 6.34management, or similar services to provide support to participants and participants' |
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| 197 | 197 | | 6Sec. 7. |
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| 198 | 198 | | REVISOR JFK/AD 23-0131201/10/23 7.1representatives with regard to employing individual providers shall assist and cooperate |
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| 199 | 199 | | 7.2with the commissioner of human services in the operations of this section, including with |
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| 200 | 200 | | 7.3respect to the commissioner's obligations under paragraphs (b) and (f). |
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| 201 | 201 | | 7.4 (f) The commissioner shall, no later than September 1, 2013, and then monthly thereafter, |
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| 202 | 202 | | 7.5compile and maintain a list of the names and addresses of all individual providers who have |
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| 203 | 203 | | 7.6been paid for providing direct support services to participants within the previous six months. |
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| 204 | 204 | | 7.7The list shall not include the name of any participant, or indicate that an individual provider |
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| 205 | 205 | | 7.8is a relative of a participant or has the same address as a participant. The commissioner shall |
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| 206 | 206 | | 7.9share the lists with others as needed for the state to meet its obligations under chapter 179A |
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| 207 | 207 | | 7.10as modified and made applicable to individual providers under section 179A.54, and to |
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| 208 | 208 | | 7.11facilitate the representational processes under section 179A.54, subdivisions 9 and 10. In |
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| 209 | 209 | | 7.12order to effectuate this section and section 179A.54, questions of employee organization |
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| 210 | 210 | | 7.13access to other relevant data on individual providers relating to their employment or |
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| 211 | 211 | | 7.14prospective employment within covered programs shall be governed by chapter 179A and |
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| 212 | 212 | | 7.15section 13.43, and shall be treated the same as labor organization access to personnel data |
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| 213 | 213 | | 7.16under section 13.43, subdivision 6. This shall not include access to private data on participants |
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| 214 | 214 | | 7.17or participants' representatives. Nothing in this section or section 179A.54 shall alter the |
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| 215 | 215 | | 7.18access rights of other private parties to data on individual providers. |
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| 216 | 216 | | 7.19 (g) The commissioner shall immediately commence all necessary steps to ensure that |
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| 217 | 217 | | 7.20services offered under all covered programs are offered in conformity with this section, to |
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| 218 | 218 | | 7.21gather all information that may be needed for promptly compiling lists required under this |
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| 219 | 219 | | 7.22section, including information from current vendors within covered programs, and to |
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| 220 | 220 | | 7.23complete any required modifications to currently operating covered programs by September |
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| 221 | 221 | | 7.241, 2013. |
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| 222 | 222 | | 7.25 (h) Beginning January 1, 2014, the commissioner of human services shall specifically |
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| 223 | 223 | | 7.26require that any fiscal support, fiscal intermediary, financial management, or similar entities |
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| 224 | 224 | | 7.27providing payroll assistance services with respect to individual providers shall make all |
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| 225 | 225 | | 7.28needed deductions on behalf of the state of dues check off amounts or fair-share fees for |
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| 226 | 226 | | 7.29the exclusive representative, as provided in section 179A.06, subdivisions 3 and subdivision |
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| 227 | 227 | | 7.306. All contracts with entities for the provision of payroll-related services shall include this |
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| 228 | 228 | | 7.31requirement. |
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| 229 | 229 | | 7.32 Sec. 8. Minnesota Statutes 2022, section 402A.40, subdivision 6, is amended to read: |
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| 230 | 230 | | 7.33 Subd. 6.Contract and representation responsibilities.(a) The exclusive representatives |
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| 231 | 231 | | 7.34of units of employees certified prior to the creation of the service delivery authority remain |
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| 232 | 232 | | 7Sec. 8. |
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| 233 | 233 | | REVISOR JFK/AD 23-0131201/10/23 8.1responsible for administration of their contracts and for other contractual duties and have |
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| 234 | 234 | | 8.2the right to dues and fair share fee deduction and other contractual privileges and rights |
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| 235 | 235 | | 8.3until a contract is agreed upon with the service delivery authority. Exclusive representatives |
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| 236 | 236 | | 8.4of service delivery authority employees certified after the creation of the service delivery |
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| 237 | 237 | | 8.5authority are immediately upon certification responsible for bargaining on behalf of |
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| 238 | 238 | | 8.6employees within the unit. They are also responsible for administering grievances arising |
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| 239 | 239 | | 8.7under previous contracts covering employees included within the unit that remain unresolved |
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| 240 | 240 | | 8.8upon agreement with the service delivery authority on a contract. Where the employer does |
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| 241 | 241 | | 8.9not object, these responsibilities may be varied by agreement between the outgoing and |
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| 242 | 242 | | 8.10incoming exclusive representatives. All other rights and duties of representation begin upon |
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| 243 | 243 | | 8.11the creation of a service delivery authority, except that exclusive representatives certified |
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| 244 | 244 | | 8.12upon or after the creation of the service delivery authority shall immediately, upon |
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| 245 | 245 | | 8.13certification, have the right to all employer information and all forms of access to employees |
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| 246 | 246 | | 8.14within the bargaining unit which would be permitted to the current contract holder, including |
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| 247 | 247 | | 8.15the rights in section 179A.07, subdivision 6. This section does not affect an existing collective |
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| 248 | 248 | | 8.16bargaining contract. Incoming exclusive representatives are immediately, upon certification, |
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| 249 | 249 | | 8.17responsible for bargaining on behalf of all previously unrepresented employees assigned to |
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| 250 | 250 | | 8.18their units. |
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| 251 | 251 | | 8.19 (b) Nothing in this section prevents an exclusive representative certified after the effective |
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| 252 | 252 | | 8.20dates of these provisions from assessing fair share or dues deductions immediately upon |
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| 253 | 253 | | 8.21certification if the employees were unrepresented for collective bargaining purposes before |
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| 254 | 254 | | 8.22that certification. |
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| 255 | 255 | | 8.23 Sec. 9. REPEALER. |
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| 256 | 256 | | 8.24 Minnesota Statutes 2022, sections 179A.03, subdivision 9; and 179A.06, subdivision 3, |
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| 257 | 257 | | 8.25are repealed. |
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| 258 | 258 | | 8.26 Sec. 10. EFFECTIVE DATE. |
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| 259 | 259 | | 8.27 This act is effective the day following final enactment. |
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| 260 | 260 | | 8Sec. 10. |
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| 261 | 261 | | REVISOR JFK/AD 23-0131201/10/23 179A.03 DEFINITIONS. |
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| 262 | 262 | | Subd. 9.Fair share fee challenge."Fair share fee challenge" means any proceeding or action |
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| 263 | 263 | | instituted by a public employee, a group of public employees, or any other person, to determine |
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| 264 | 264 | | their rights and obligations with respect to the circumstances or the amount of a fair share fee. |
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| 265 | 265 | | 179A.06 RIGHTS AND OBLIGATIONS OF EMPLOYEES. |
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| 266 | 266 | | Subd. 3.Fair share fee.An exclusive representative may require employees who are not |
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| 267 | 267 | | members of the exclusive representative to contribute a fair share fee for services rendered by the |
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| 268 | 268 | | exclusive representative. The fair share fee must be equal to the regular membership dues of the |
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| 269 | 269 | | exclusive representative, less the cost of benefits financed through the dues and available only to |
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| 270 | 270 | | members of the exclusive representative. In no event may the fair share fee exceed 85 percent of |
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| 271 | 271 | | the regular membership dues. The exclusive representative shall provide advance written notice of |
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| 272 | 272 | | the amount of the fair share fee to the employer and to unit employees who will be assessed the |
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| 273 | 273 | | fee. The employer shall provide the exclusive representative with a list of all unit employees. |
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| 274 | 274 | | A challenge by an employee or by a person aggrieved by the fee must be filed in writing with |
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| 275 | 275 | | the commissioner, the public employer, and the exclusive representative within 30 days after receipt |
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| 276 | 276 | | of the written notice. All challenges must specify those portions of the fee challenged and the reasons |
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| 277 | 277 | | for the challenge. The burden of proof relating to the amount of the fair share fee is on the exclusive |
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| 278 | 278 | | representative. The commissioner shall hear and decide all issues in these challenges. |
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| 279 | 279 | | The employer shall deduct the fee from the earnings of the employee and transmit the fee to |
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| 280 | 280 | | the exclusive representative 30 days after the written notice was provided. If a challenge is filed, |
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| 281 | 281 | | the deductions for a fair share fee must be held in escrow by the employer pending a decision by |
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| 282 | 282 | | the commissioner. |
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| 283 | 283 | | 1R |
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| 284 | 284 | | APPENDIX |
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| 285 | 285 | | Repealed Minnesota Statutes: 23-01312 |
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