1.1 A bill for an act
1.2 relating to public employment; repealing authority for exclusive representatives
1.3 to charge fair share fees; amending Minnesota Statutes 2022, sections 13.43,
1.4 subdivision 6; 179A.04, subdivisions 1, 3; 179A.051; 179A.102, subdivision 6;
1.5 179A.60, subdivision 7; 256B.0711, subdivision 4; 402A.40, subdivision 6;
1.6 repealing Minnesota Statutes 2022, sections 179A.03, subdivision 9; 179A.06,
1.7 subdivision 3.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read:
1.10 Subd. 6.Access by labor organizations.Personnel data may be disseminated to labor
1.11organizations to the extent that the responsible authority determines that the dissemination
1.12is necessary to conduct elections, notify employees of fair share fee assessments, and
1.13implement the provisions of chapters 179 and 179A. Personnel data shall be disseminated
1.14to labor organizations and to the Bureau of Mediation Services to the extent the dissemination
1.15is ordered or authorized by the commissioner of the Bureau of Mediation Services.
1.16 Sec. 2. Minnesota Statutes 2022, section 179A.04, subdivision 1, is amended to read:
1.17 Subdivision 1.Petitions.The commissioner shall accept and investigate all petitions
1.18for:
1.19 (1) certification or decertification as the exclusive representative of an appropriate unit;
1.20 (2) mediation services;
1.21 (3) any election or other voting procedures provided for in sections 179A.01 to 179A.25;
1.22and
1Sec. 2.
REVISOR JFK/AD 23-0131201/10/23
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 332
NINETY-THIRD SESSION
Authored by Quam01/11/2023
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.
2.2 (5) fair share fee challenges, upon the receipt of a filing fee. The commissioner shall
2.3hear and decide all issues in a fair share fee challenge.
2.4 Sec. 3. Minnesota Statutes 2022, section 179A.04, subdivision 3, is amended to read:
2.5 Subd. 3.Other duties.(a) The commissioner shall:
2.6 (1) provide mediation services as requested by the parties until the parties reach
2.7agreement, and may continue to assist parties after they have submitted their final positions
2.8for interest arbitration;
2.9 (2) issue notices, subpoenas, and orders required by law to carry out duties under sections
2.10179A.01 to 179A.25;
2.11 (3) assist the parties in formulating petitions, notices, and other papers required to be
2.12filed with the commissioner or the board;
2.13 (4) conduct elections;
2.14 (5) certify the final results of any election or other voting procedure conducted under
2.15sections 179A.01 to 179A.25;
2.16 (6) adopt rules relating to the administration of this chapter and the conduct of hearings
2.17and elections;
2.18 (7) receive, catalogue, file, and make available to the public all decisions of arbitrators
2.19and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions
2.20to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), and
2.21the commissioner's orders and decisions;
2.22 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section
2.23179A.20, subdivision 4, that is available to any employee in a unit not covered by a
2.24contractual grievance procedure;
2.25 (9) maintain a schedule of state employee classifications or positions assigned to each
2.26unit established in section 179A.10, subdivision 2;
2.27 (10) collect fees established by rule for empanelment of persons on the labor arbitrator
2.28roster maintained by the commissioner or in conjunction with fair share fee challenges.
2.29Arbitrator application fees will be $100 per year for initial applications and renewals effective
2.30July 1, 2007;
2Sec. 3.
REVISOR JFK/AD 23-0131201/10/23 3.1 (11) provide technical support and assistance to voluntary joint labor-management
3.2committees established for the purpose of improving relationships between exclusive
3.3representatives and employers, at the discretion of the commissioner;
3.4 (12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision
3.54;
3.6 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
3.7representatives for the resolution of grievance or interest disputes. Each person on the list
3.8must be knowledgeable about collective bargaining and labor relations in the public sector,
3.9well versed in state and federal labor law, and experienced in and knowledgeable about
3.10labor arbitration. To the extent practicable, the commissioner shall appoint members to the
3.11list so that the list is gender and racially diverse; and
3.12 (14) upon request of the board, provide administrative support and other assistance to
3.13the board, including assistance in development and adoption of board rules.
3.14 (b) From the names provided by representative organizations, the commissioner shall
3.15maintain a list of arbitrators to conduct teacher discharge or termination hearings according
3.16to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following
3.17requirements:
3.18 (1) be a former or retired judge;
3.19 (2) be a qualified arbitrator on the list maintained by the bureau;
3.20 (3) be a present, former, or retired administrative law judge; or
3.21 (4) be a neutral individual who is learned in the law and admitted to practice in Minnesota,
3.22who is qualified by experience to conduct these hearings, and who is without bias to either
3.23party.
3.24Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota
3.25School Boards Association a list of up to 14 names of persons to be on the list. The
3.26commissioner may adopt rules about maintaining and updating the list.
3.27 Sec. 4. Minnesota Statutes 2022, section 179A.051, is amended to read:
3.28 179A.051 APPEALS OF COMMISSIONER'S DECISIONS.
3.29 (a) Decisions of the commissioner relating to supervisory, confidential, essential, and
3.30professional employees, or appropriateness of a unit, or fair share fee challenges may be
3.31reviewed on certiorari by the court of appeals. A petition for a writ of certiorari must be
3.32filed and served on the other party or parties and the commissioner within 30 days from the
3Sec. 4.
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
4.2party or parties at the party's or parties' last known address.
4.3 (b) Decisions of the commissioner relating to unfair labor practices under section
4.4179A.12, subdivision 11, may be appealed to the board if the appeal is filed with the board
4.5and served on all other parties no later than 30 days after service of the commissioner's
4.6decision.
4.7 Sec. 5. Minnesota Statutes 2022, section 179A.102, subdivision 6, is amended to read:
4.8 Subd. 6.Contract and representation responsibilities.(a) Notwithstanding the
4.9provisions of section 179A.101, the exclusive representatives of units of court employees
4.10certified prior to the effective date of the judicial district coming under section 480.181,
4.11subdivision 1, paragraph (b), remain responsible for administration of their contracts and
4.12for other contractual duties and have the right to dues and fair share fee deduction and other
4.13contractual privileges and rights until a contract is agreed upon with the state court
4.14administrator for a new unit established under section 179A.101. Exclusive representatives
4.15of court employees certified after the effective date of Laws 1999, chapter 216, article 7,
4.16section 10, in the judicial district are immediately upon certification responsible for
4.17bargaining on behalf of employees within the unit. They are also responsible for administering
4.18grievances arising under previous contracts covering employees included within the unit
4.19which remain unresolved upon agreement with the state court administrator on a contract
4.20for a new unit established under section 179A.101. Where the employer does not object,
4.21these responsibilities may be varied by agreement between the outgoing and incoming
4.22exclusive representatives. All other rights and duties of representation begin on July 1 of
4.23the year in which the state assumes the funding of court administration in the judicial district,
4.24except that exclusive representatives certified after the effective date of Laws 1999, chapter
4.25216, article 7, section 10, shall immediately, upon certification, have the right to all employer
4.26information and all forms of access to employees within the bargaining unit which would
4.27be permitted to the current contract holder, including the rights in section 179A.07,
4.28subdivision 6. This section does not affect an existing collective bargaining contract.
4.29Incoming exclusive representatives of court employees from judicial districts that come
4.30under section 480.181, subdivision 1, paragraph (b), are immediately, upon certification,
4.31responsible for bargaining on behalf of all previously unrepresented employees assigned to
4.32their units. All other rights and duties of exclusive representatives begin on July 1 of the
4.33year in which the state assumes the funding of court administration in the judicial district.
4Sec. 5.
REVISOR JFK/AD 23-0131201/10/23 5.1 (b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter 216,
5.2article 7, sections 3 to 15, prevents an exclusive representative certified after the effective
5.3dates of those provisions from assessing fair share or dues deductions immediately upon
5.4certification for employees in a unit established under section 179A.101 if the employees
5.5were unrepresented for collective bargaining purposes before that certification.
5.6 Sec. 6. Minnesota Statutes 2022, section 179A.60, subdivision 7, is amended to read:
5.7 Subd. 7.Contract negotiations and administration.The exclusive representative of
5.8employees of a new joint powers entity shall upon certification be responsible to negotiate
5.9a new collective bargaining agreement, file grievances, and otherwise administer the prior
5.10collective bargaining agreement until a new collective bargaining agreement is agreed to,
5.11and to receive dues or fair-share fees.
5.12 Sec. 7. Minnesota Statutes 2022, section 256B.0711, subdivision 4, is amended to read:
5.13 Subd. 4.Duties of the commissioner of human services.(a) The commissioner shall
5.14afford to all participants within a covered program the option of employing an individual
5.15provider to provide direct support services.
5.16 (b) The commissioner shall ensure that all employment of individual providers is in
5.17conformity with this section and section 179A.54, including by modifying program operations
5.18as necessary to ensure proper classification of individual providers, to require that all relevant
5.19vendors within covered programs assist and cooperate as needed, including providers of
5.20fiscal support, fiscal intermediary, financial management, or similar services to provide
5.21support to participants and participants' representatives with regard to employing individual
5.22providers, and to otherwise fulfill the requirements of this section, including the provisions
5.23of paragraph (f).
5.24 (c) The commissioner shall:
5.25 (1) establish for all individual providers compensation rates, payment terms and practices,
5.26and any benefit terms, provided that these rates and terms may permit individual provider
5.27variations based on traditional and relevant factors otherwise permitted by law;
5.28 (2) provide for required orientation programs within three months of hire for individual
5.29providers newly hired on or after January 1, 2015, regarding their employment within the
5.30covered programs through which they provide services;
5.31 (3) have the authority to provide for relevant training and educational opportunities for
5.32individual providers, as well as for participants and participants' representatives who receive
5Sec. 7.
REVISOR JFK/AD 23-0131201/10/23 6.1services from individual providers, including opportunities for individual providers to obtain
6.2certification documenting additional training and experience in areas of specialization;
6.3 (4) have the authority to provide for the maintenance of a public registry of individuals
6.4who have consented to be included to:
6.5 (i) provide routine, emergency, and respite referrals of qualified individual providers
6.6who have consented to be included in the registry to participants and participants'
6.7representatives;
6.8 (ii) enable participants and participants' representatives to gain improved access to, and
6.9choice among, prospective individual providers, including by having access to information
6.10about individual providers' training, educational background, work experience, and
6.11availability for hire; and
6.12 (iii) provide for appropriate employment opportunities for individual providers and a
6.13means by which they may more easily remain available to provide services to participants
6.14within covered programs; and
6.15 (5) establish other appropriate terms and conditions of employment governing the
6.16workforce of individual providers.
6.17 (d) The commissioner's authority over terms and conditions of individual providers'
6.18employment, including compensation, payment, and benefit terms, employment opportunities
6.19within covered programs, individual provider orientation, training, and education
6.20opportunities, and the operation of public registries shall be subject to the state's obligations
6.21to meet and negotiate under chapter 179A, as modified and made applicable to individual
6.22providers under section 179A.54, and to agreements with any exclusive representative of
6.23individual providers, as authorized by chapter 179A, as modified and made applicable to
6.24individual providers under section 179A.54. Except to the extent otherwise provided by
6.25law, the commissioner shall not undertake activities in paragraph (c), clauses (3) and (4),
6.26prior to July 1, 2015, unless included in a negotiated agreement and an appropriation has
6.27been provided by the legislature to the commissioner.
6.28 (e) The commissioner shall cooperate in the implementation of section 179A.54 with
6.29the commissioner of management and budget in the same manner as would be required of
6.30an appointing authority under section 179A.22 with respect to any negotiations between
6.31the executive branch of the state and the exclusive representative of individual providers,
6.32as authorized under sections 179A.22 and 179A.54. Any entity providing relevant services
6.33within covered programs, including providers of fiscal support, fiscal intermediary, financial
6.34management, or similar services to provide support to participants and participants'
6Sec. 7.
REVISOR JFK/AD 23-0131201/10/23 7.1representatives with regard to employing individual providers shall assist and cooperate
7.2with the commissioner of human services in the operations of this section, including with
7.3respect to the commissioner's obligations under paragraphs (b) and (f).
7.4 (f) The commissioner shall, no later than September 1, 2013, and then monthly thereafter,
7.5compile and maintain a list of the names and addresses of all individual providers who have
7.6been paid for providing direct support services to participants within the previous six months.
7.7The list shall not include the name of any participant, or indicate that an individual provider
7.8is a relative of a participant or has the same address as a participant. The commissioner shall
7.9share the lists with others as needed for the state to meet its obligations under chapter 179A
7.10as modified and made applicable to individual providers under section 179A.54, and to
7.11facilitate the representational processes under section 179A.54, subdivisions 9 and 10. In
7.12order to effectuate this section and section 179A.54, questions of employee organization
7.13access to other relevant data on individual providers relating to their employment or
7.14prospective employment within covered programs shall be governed by chapter 179A and
7.15section 13.43, and shall be treated the same as labor organization access to personnel data
7.16under section 13.43, subdivision 6. This shall not include access to private data on participants
7.17or participants' representatives. Nothing in this section or section 179A.54 shall alter the
7.18access rights of other private parties to data on individual providers.
7.19 (g) The commissioner shall immediately commence all necessary steps to ensure that
7.20services offered under all covered programs are offered in conformity with this section, to
7.21gather all information that may be needed for promptly compiling lists required under this
7.22section, including information from current vendors within covered programs, and to
7.23complete any required modifications to currently operating covered programs by September
7.241, 2013.
7.25 (h) Beginning January 1, 2014, the commissioner of human services shall specifically
7.26require that any fiscal support, fiscal intermediary, financial management, or similar entities
7.27providing payroll assistance services with respect to individual providers shall make all
7.28needed deductions on behalf of the state of dues check off amounts or fair-share fees for
7.29the exclusive representative, as provided in section 179A.06, subdivisions 3 and subdivision
7.306. All contracts with entities for the provision of payroll-related services shall include this
7.31requirement.
7.32 Sec. 8. Minnesota Statutes 2022, section 402A.40, subdivision 6, is amended to read:
7.33 Subd. 6.Contract and representation responsibilities.(a) The exclusive representatives
7.34of units of employees certified prior to the creation of the service delivery authority remain
7Sec. 8.
REVISOR JFK/AD 23-0131201/10/23 8.1responsible for administration of their contracts and for other contractual duties and have
8.2the right to dues and fair share fee deduction and other contractual privileges and rights
8.3until a contract is agreed upon with the service delivery authority. Exclusive representatives
8.4of service delivery authority employees certified after the creation of the service delivery
8.5authority are immediately upon certification responsible for bargaining on behalf of
8.6employees within the unit. They are also responsible for administering grievances arising
8.7under previous contracts covering employees included within the unit that remain unresolved
8.8upon agreement with the service delivery authority on a contract. Where the employer does
8.9not object, these responsibilities may be varied by agreement between the outgoing and
8.10incoming exclusive representatives. All other rights and duties of representation begin upon
8.11the creation of a service delivery authority, except that exclusive representatives certified
8.12upon or after the creation of the service delivery authority shall immediately, upon
8.13certification, have the right to all employer information and all forms of access to employees
8.14within the bargaining unit which would be permitted to the current contract holder, including
8.15the rights in section 179A.07, subdivision 6. This section does not affect an existing collective
8.16bargaining contract. Incoming exclusive representatives are immediately, upon certification,
8.17responsible for bargaining on behalf of all previously unrepresented employees assigned to
8.18their units.
8.19 (b) Nothing in this section prevents an exclusive representative certified after the effective
8.20dates of these provisions from assessing fair share or dues deductions immediately upon
8.21certification if the employees were unrepresented for collective bargaining purposes before
8.22that certification.
8.23 Sec. 9. REPEALER.
8.24 Minnesota Statutes 2022, sections 179A.03, subdivision 9; and 179A.06, subdivision 3,
8.25are repealed.
8.26 Sec. 10. EFFECTIVE DATE.
8.27 This act is effective the day following final enactment.
8Sec. 10.
REVISOR JFK/AD 23-0131201/10/23 179A.03 DEFINITIONS.
Subd. 9.Fair share fee challenge."Fair share fee challenge" means any proceeding or action
instituted by a public employee, a group of public employees, or any other person, to determine
their rights and obligations with respect to the circumstances or the amount of a fair share fee.
179A.06 RIGHTS AND OBLIGATIONS OF EMPLOYEES.
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.
1R
APPENDIX
Repealed Minnesota Statutes: 23-01312