1.1 A bill for an act
1.2 relating to public employment; removing authority for exclusive representatives
1.3 to charge fair share fees; amending Minnesota Statutes 2024, sections 179A.04,
1.4 subdivisions 1, 3; 179A.051; 179A.102, subdivision 6; 179A.60, subdivision 7;
1.5 256B.0711, subdivision 4; 402A.40, subdivision 6; repealing Minnesota Statutes
1.6 2024, sections 179A.03, subdivision 9; 179A.06, subdivision 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 179A.04, subdivision 1, is amended to read:
1.9 Subdivision 1.Petitions.The commissioner shall accept and investigate all petitions
1.10for:
1.11 (1) certification or decertification as the exclusive representative of an appropriate unit;
1.12 (2) mediation services;
1.13 (3) any election or other voting procedures provided for in sections 179A.01 to 179A.25;
1.14and
1.15 (4) certification to arbitration; and.
1.16 (5) fair share fee challenges, upon the receipt of a filing fee. The commissioner shall
1.17hear and decide all issues in a fair share fee challenge.
1.18 Sec. 2. Minnesota Statutes 2024, section 179A.04, subdivision 3, is amended to read:
1.19 Subd. 3.Other duties.(a) The commissioner shall:
1Sec. 2.
REVISOR VH/DG 25-0184602/04/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1236
NINETY-FOURTH SESSION
Authored by Quam02/20/2025
The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1 (1) provide mediation services as requested by the parties until the parties reach
2.2agreement, and may continue to assist parties after they have submitted their final positions
2.3for interest arbitration;
2.4 (2) issue notices, subpoenas, and orders required by law to carry out duties under sections
2.5179A.01 to 179A.25;
2.6 (3) assist the parties in formulating petitions, notices, and other papers required to be
2.7filed with the commissioner or the board;
2.8 (4) conduct elections;
2.9 (5) certify the final results of any election or other voting procedure conducted under
2.10sections 179A.01 to 179A.25;
2.11 (6) adopt rules relating to the administration of this chapter and the conduct of hearings
2.12and elections;
2.13 (7) receive, catalogue, file, and make available to the public all decisions of arbitrators
2.14and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions
2.15to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), and
2.16the commissioner's orders and decisions;
2.17 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section
2.18179A.20, subdivision 4, that is available to any employee in a unit not covered by a
2.19contractual grievance procedure;
2.20 (9) maintain a schedule of state employee classifications or positions assigned to each
2.21unit established in section 179A.10, subdivision 2;
2.22 (10) collect fees established by rule for empanelment of persons on the labor arbitrator
2.23roster maintained by the commissioner or in conjunction with fair share fee challenges.
2.24Arbitrator application fees will be $100 per year for initial applications and renewals effective
2.25July 1, 2007;
2.26 (11) provide technical support and assistance to voluntary joint labor-management
2.27committees established for the purpose of improving relationships between exclusive
2.28representatives and employers, at the discretion of the commissioner;
2.29 (12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision
2.304;
2.31 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
2.32representatives for the resolution of grievance or interest disputes. Each person on the list
2Sec. 2.
REVISOR VH/DG 25-0184602/04/25 3.1must be knowledgeable about collective bargaining and labor relations in the public sector,
3.2well versed in state and federal labor law, and experienced in and knowledgeable about
3.3labor arbitration. To the extent practicable, the commissioner shall appoint members to the
3.4list so that the list is gender and racially diverse; and
3.5 (14) upon request of the board, provide administrative support and other assistance to
3.6the board, including assistance in development and adoption of board rules.
3.7 (b) From the names provided by representative organizations, the commissioner shall
3.8maintain a list of arbitrators to conduct teacher discharge or termination hearings according
3.9to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following
3.10requirements:
3.11 (1) be a former or retired judge;
3.12 (2) be a qualified arbitrator on the list maintained by the bureau;
3.13 (3) be a present, former, or retired administrative law judge; or
3.14 (4) be a neutral individual who is learned in the law and admitted to practice in Minnesota,
3.15who is qualified by experience to conduct these hearings, and who is without bias to either
3.16party.
3.17Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota
3.18School Boards Association a list of up to 14 names of persons to be on the list. The
3.19commissioner may adopt rules about maintaining and updating the list.
3.20 Sec. 3. Minnesota Statutes 2024, section 179A.051, is amended to read:
3.21 179A.051 APPEALS OF COMMISSIONER'S DECISIONS.
3.22 (a) Decisions of the commissioner relating to supervisory, confidential, essential, and
3.23professional employees, or appropriateness of a unit, or fair share fee challenges may be
3.24reviewed on certiorari by the court of appeals. A petition for a writ of certiorari must be
3.25filed and served on the other party or parties and the commissioner within 30 days from the
3.26date of the mailing of the commissioner's decision. The petition must be served on the other
3.27party or parties at the party's or parties' last known address.
3.28 (b) Decisions of the commissioner relating to unfair labor practices under section
3.29179A.12, subdivision 11, may be appealed to the board if the appeal is filed with the board
3.30and served on all other parties no later than 30 days after service of the commissioner's
3.31decision.
3Sec. 3.
REVISOR VH/DG 25-0184602/04/25 4.1 Sec. 4. Minnesota Statutes 2024, section 179A.102, subdivision 6, is amended to read:
4.2 Subd. 6.Contract and representation responsibilities.(a) Notwithstanding the
4.3provisions of section 179A.101, the exclusive representatives of units of court employees
4.4certified prior to the effective date of the judicial district coming under section 480.181,
4.5subdivision 1, paragraph (b), remain responsible for administration of their contracts and
4.6for other contractual duties and have the right to dues and fair share fee deduction and other
4.7contractual privileges and rights until a contract is agreed upon with the state court
4.8administrator for a new unit established under section 179A.101. Exclusive representatives
4.9of court employees certified after the effective date of Laws 1999, chapter 216, article 7,
4.10section 10, in the judicial district are immediately upon certification responsible for
4.11bargaining on behalf of employees within the unit. They are also responsible for administering
4.12grievances arising under previous contracts covering employees included within the unit
4.13which remain unresolved upon agreement with the state court administrator on a contract
4.14for a new unit established under section 179A.101. Where the employer does not object,
4.15these responsibilities may be varied by agreement between the outgoing and incoming
4.16exclusive representatives. All other rights and duties of representation begin on July 1 of
4.17the year in which the state assumes the funding of court administration in the judicial district,
4.18except that exclusive representatives certified after the effective date of Laws 1999, chapter
4.19216, article 7, section 10, shall immediately, upon certification, have the right to all employer
4.20information and all forms of access to employees within the bargaining unit which would
4.21be permitted to the current contract holder, including the rights in section 179A.07,
4.22subdivision 6. This section does not affect an existing collective bargaining contract.
4.23Incoming exclusive representatives of court employees from judicial districts that come
4.24under section 480.181, subdivision 1, paragraph (b), are immediately, upon certification,
4.25responsible for bargaining on behalf of all previously unrepresented employees assigned to
4.26their units. All other rights and duties of exclusive representatives begin on July 1 of the
4.27year in which the state assumes the funding of court administration in the judicial district.
4.28 (b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter 216,
4.29article 7, sections 3 to 15, prevents an exclusive representative certified after the effective
4.30dates of those provisions from assessing fair share or dues deductions immediately upon
4.31certification for employees in a unit established under section 179A.101 if the employees
4.32were unrepresented for collective bargaining purposes before that certification.
4Sec. 4.
REVISOR VH/DG 25-0184602/04/25 5.1 Sec. 5. Minnesota Statutes 2024, section 179A.60, subdivision 7, is amended to read:
5.2 Subd. 7.Contract negotiations and administration.The exclusive representative of
5.3employees of a new joint powers entity shall upon certification be responsible to negotiate
5.4a new collective bargaining agreement, file grievances, and otherwise administer the prior
5.5collective bargaining agreement until a new collective bargaining agreement is agreed to,
5.6and to receive dues or fair-share fees.
5.7 Sec. 6. Minnesota Statutes 2024, section 256B.0711, subdivision 4, is amended to read:
5.8 Subd. 4.Duties of the commissioner of human services.(a) The commissioner shall
5.9afford to all participants within a covered program the option of employing an individual
5.10provider to provide direct support services.
5.11 (b) The commissioner shall ensure that all employment of individual providers is in
5.12conformity with this section and section 179A.54, including by modifying program operations
5.13as necessary to ensure proper classification of individual providers, to require that all relevant
5.14vendors within covered programs assist and cooperate as needed, including providers of
5.15fiscal support, fiscal intermediary, financial management, or similar services to provide
5.16support to participants and participants' representatives with regard to employing individual
5.17providers, and to otherwise fulfill the requirements of this section, including the provisions
5.18of paragraph (f).
5.19 (c) The commissioner shall:
5.20 (1) establish for all individual providers compensation rates, payment terms and practices,
5.21and any benefit terms, provided that these rates and terms may permit individual provider
5.22variations based on traditional and relevant factors otherwise permitted by law;
5.23 (2) provide for required orientation programs within three months of hire for individual
5.24providers newly hired on or after January 1, 2015, regarding their employment within the
5.25covered programs through which they provide services;
5.26 (3) have the authority to provide for relevant training and educational opportunities for
5.27individual providers, as well as for participants and participants' representatives who receive
5.28services from individual providers, including opportunities for individual providers to obtain
5.29certification documenting additional training and experience in areas of specialization;
5.30 (4) have the authority to provide for the maintenance of a public registry of individuals
5.31who have consented to be included to:
5Sec. 6.
REVISOR VH/DG 25-0184602/04/25 6.1 (i) provide routine, emergency, and respite referrals of qualified individual providers
6.2who have consented to be included in the registry to participants and participants'
6.3representatives;
6.4 (ii) enable participants and participants' representatives to gain improved access to, and
6.5choice among, prospective individual providers, including by having access to information
6.6about individual providers' training, educational background, work experience, and
6.7availability for hire; and
6.8 (iii) provide for appropriate employment opportunities for individual providers and a
6.9means by which they may more easily remain available to provide services to participants
6.10within covered programs; and
6.11 (5) establish other appropriate terms and conditions of employment governing the
6.12workforce of individual providers.
6.13 (d) The commissioner's authority over terms and conditions of individual providers'
6.14employment, including compensation, payment, and benefit terms, employment opportunities
6.15within covered programs, individual provider orientation, training, and education
6.16opportunities, and the operation of public registries shall be subject to the state's obligations
6.17to meet and negotiate under chapter 179A, as modified and made applicable to individual
6.18providers under section 179A.54, and to agreements with any exclusive representative of
6.19individual providers, as authorized by chapter 179A, as modified and made applicable to
6.20individual providers under section 179A.54. Except to the extent otherwise provided by
6.21law, the commissioner shall not undertake activities in paragraph (c), clauses (3) and (4),
6.22prior to July 1, 2015, unless included in a negotiated agreement and an appropriation has
6.23been provided by the legislature to the commissioner.
6.24 (e) The commissioner shall cooperate in the implementation of section 179A.54 with
6.25the commissioner of management and budget in the same manner as would be required of
6.26an appointing authority under section 179A.22 with respect to any negotiations between
6.27the executive branch of the state and the exclusive representative of individual providers,
6.28as authorized under sections 179A.22 and 179A.54. Any entity providing relevant services
6.29within covered programs, including providers of fiscal support, fiscal intermediary, financial
6.30management, or similar services to provide support to participants and participants'
6.31representatives with regard to employing individual providers shall assist and cooperate
6.32with the commissioner of human services in the operations of this section, including with
6.33respect to the commissioner's obligations under paragraphs (b) and (f).
6Sec. 6.
REVISOR VH/DG 25-0184602/04/25 7.1 (f) The commissioner shall, no later than September 1, 2013, and then monthly thereafter,
7.2compile and maintain a list of the names and addresses of all individual providers who have
7.3been paid for providing direct support services to participants within the previous six months.
7.4The list shall not include the name of any participant, or indicate that an individual provider
7.5is a relative of a participant or has the same address as a participant. The commissioner shall
7.6share the lists with others as needed for the state to meet its obligations under chapter 179A
7.7as modified and made applicable to individual providers under section 179A.54, and to
7.8facilitate the representational processes under section 179A.54, subdivisions 9 and 10. In
7.9order to effectuate this section and section 179A.54, questions of employee organization
7.10access to other relevant data on individual providers relating to their employment or
7.11prospective employment within covered programs shall be governed by chapter 179A and
7.12section 13.43, and shall be treated the same as labor organization access to personnel data
7.13under section 13.43, subdivision 6. This shall not include access to private data on participants
7.14or participants' representatives. Nothing in this section or section 179A.54 shall alter the
7.15access rights of other private parties to data on individual providers.
7.16 (g) The commissioner shall immediately commence all necessary steps to ensure that
7.17services offered under all covered programs are offered in conformity with this section, to
7.18gather all information that may be needed for promptly compiling lists required under this
7.19section, including information from current vendors within covered programs, and to
7.20complete any required modifications to currently operating covered programs by September
7.211, 2013.
7.22 (h) Beginning January 1, 2014, the commissioner of human services shall specifically
7.23require that any fiscal support, fiscal intermediary, financial management, or similar entities
7.24providing payroll assistance services with respect to individual providers shall make all
7.25needed deductions on behalf of the state of dues check off amounts or fair-share fees for
7.26the exclusive representative, as provided in section 179A.06, subdivisions 3 and subdivision
7.276. All contracts with entities for the provision of payroll-related services shall include this
7.28requirement.
7.29 Sec. 7. Minnesota Statutes 2024, section 402A.40, subdivision 6, is amended to read:
7.30 Subd. 6.Contract and representation responsibilities.(a) The exclusive representatives
7.31of units of employees certified prior to the creation of the service delivery authority remain
7.32responsible for administration of their contracts and for other contractual duties and have
7.33the right to dues and fair share fee deduction and other contractual privileges and rights
7.34until a contract is agreed upon with the service delivery authority. Exclusive representatives
7Sec. 7.
REVISOR VH/DG 25-0184602/04/25 8.1of service delivery authority employees certified after the creation of the service delivery
8.2authority are immediately upon certification responsible for bargaining on behalf of
8.3employees within the unit. They are also responsible for administering grievances arising
8.4under previous contracts covering employees included within the unit that remain unresolved
8.5upon agreement with the service delivery authority on a contract. Where the employer does
8.6not object, these responsibilities may be varied by agreement between the outgoing and
8.7incoming exclusive representatives. All other rights and duties of representation begin upon
8.8the creation of a service delivery authority, except that exclusive representatives certified
8.9upon or after the creation of the service delivery authority shall immediately, upon
8.10certification, have the right to all employer information and all forms of access to employees
8.11within the bargaining unit which would be permitted to the current contract holder, including
8.12the rights in section 179A.07, subdivision 6. This section does not affect an existing collective
8.13bargaining contract. Incoming exclusive representatives are immediately, upon certification,
8.14responsible for bargaining on behalf of all previously unrepresented employees assigned to
8.15their units.
8.16 (b) Nothing in this section prevents an exclusive representative certified after the effective
8.17dates of these provisions from assessing fair share or dues deductions immediately upon
8.18certification if the employees were unrepresented for collective bargaining purposes before
8.19that certification.
8.20 Sec. 8. REPEALER.
8.21 Minnesota Statutes 2024, sections 179A.03, subdivision 9; and 179A.06, subdivision 3,
8.22are repealed.
8.23 Sec. 9. EFFECTIVE DATE.
8.24 This act is effective the day following final enactment.
8Sec. 9.
REVISOR VH/DG 25-0184602/04/25 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 EMPLOYEE RIGHTS AND OBLIGATIONS.
Subd. 3.Fair share fee.(a) 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.
(b) 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.
(c) 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: 25-01846