Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; repealing the peace officer grievance arbitration selection
3	3	1.3 procedure; repealing Minnesota Statutes 2024, section 626.892.
4	4	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5	1.5 Section 1. REPEALER.
6	6	1.6 Minnesota Statutes 2024, section 626.892, is repealed.
7	7	1Section 1.
8	8	REVISOR KLL/MI 25-0399102/18/25
9	9	State of Minnesota
10	10	This Document can be made available
11	11	in alternative formats upon request
12	12	HOUSE OF REPRESENTATIVES
13	13	H. F. No. 1375
14	14	NINETY-FOURTH SESSION 626.892 PEACE OFFICER GRIEVANCE ARBITRATION SELECTION PROCEDURE.
15	15	Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this section
16	16	have the meanings given them.
17	17	(b) "Commissioner" means the commissioner of the Bureau of Mediation Services.
18	18	(c) "Employer" means a political subdivision or law enforcement agency employing a peace
19	19	officer.
20	20	(d) "Grievance" means a dispute or disagreement regarding any written disciplinary action,
21	21	discharge, or termination decision of a peace officer arising under a collective bargaining agreement
22	22	covering peace officers.
23	23	(e) "Grievance arbitration" means binding arbitration of a grievance under the grievance
24	24	procedure in a collective bargaining agreement covering peace officers, as required by this section
25	25	or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those sections are consistent
26	26	with this section.
27	27	(f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4, except as
28	28	otherwise provided in this section or to the extent inconsistent with this section.
29	29	(g) "Peace officer" means a licensed peace officer or part-time peace officer subject to licensure
30	30	under sections 626.84 to 626.863.
31	31	Subd. 2.Applicability.(a) Notwithstanding any contrary provision of law, home rule charter,
32	32	ordinance, or resolution, the arbitrator selection procedure established under this section shall apply
33	33	to all peace officer grievance arbitrations for written disciplinary action, discharge, or termination
34	34	heard on or after September 1, 2020.
35	35	(b) The grievance procedure for all collective bargaining agreements covering peace officers
36	36	negotiated on or after July 24, 2020, must include the arbitrator selection procedure established in
37	37	this section.
38	38	(c) This section does not authorize arbitrators appointed under this section to hear arbitrations
39	39	of public employees who are not peace officers.
40	40	Subd. 3.Fees.All fees charged by arbitrators under this section shall be in accordance with a
41	41	schedule of fees established by the commissioner on an annual basis.
42	42	Subd. 4.Roster of arbitrators.The commissioner, in consultation with community and law
43	43	enforcement stakeholders, shall appoint a roster of six persons suited and qualified by training and
44	44	experience to act as arbitrators for peace officer grievance arbitrations under this section. In making
45	45	these appointments, and as applicable, the commissioner may consider the factors set forth in
46	46	Minnesota Rules, parts 5530.0600 and 5530.0700, subpart 6, as well as a candidate's familiarity
47	47	with labor law, the grievance process, and the law enforcement profession; or experience and
48	48	training in cultural competency, racism, implicit bias, and recognizing and valuing community
49	49	diversity and cultural differences. The appointments are effective immediately upon filing with the
50	50	secretary of state. Arbitrators on the roster created by this subdivision shall not serve as an arbitrator
51	51	in a labor arbitration other than a grievance arbitration as defined in this section.
52	52	Subd. 5.Applications.The secretary of state shall solicit and accept applications in the same
53	53	manner as for open appointments under section 15.0597.
54	54	Subd. 6.Terms.(a) Initial appointments to the roster of arbitrators shall be made as follows:
55	55	(1) two appointments to expire on the first Monday in January 2023;
56	56	(2) two appointments to expire on the first Monday in January 2024; and
57	57	(3) two appointments to expire on the first Monday in January 2025.
58	58	(b) Subsequent appointments to the roster of arbitrators shall be for three-year terms to expire
59	59	on the first Monday in January, with the terms of no more than two arbitrators to expire in the same
60	60	year.
61	61	(c) An arbitrator may be reappointed to the roster upon expiration of the arbitrator's term. If the
62	62	arbitrator is not reappointed, the arbitrator may continue to serve until a successor is appointed, but
63	63	in no case later than July 1 of the year in which the arbitrator's term expires.
64	64	1R
65	65	APPENDIX
66	66	Repealed Minnesota Statutes: 25-03991 Subd. 7.Applicability of Minnesota Rules, chapters 5510 and 5530.To the extent consistent
67	67	with this section, the following provisions of Minnesota Rules apply to arbitrators on the roster of
68	68	arbitrators established under this section:
69	69	(1) Minnesota Rules, part 5530.0500 (status of arbitrators);
70	70	(2) Minnesota Rules, part 5530.0800 (arbitrator conduct and standards);
71	71	(3) Minnesota Rules, part 5510.5220 (arbitrator responsibilities);
72	72	(4) Minnesota Rules, part 5510.5230, subpart 4 (hearing transcripts and recordings);
73	73	(5) Minnesota Rules, part 5510.5260 (briefs); and
74	74	(6) Minnesota Rules, part 5510.5295 (arbitrator fees and costs).
75	75	Subd. 8.Performance measures.To the extent applicable, the commissioner shall track the
76	76	performance measures set forth in Minnesota Rules, part 5530.1200.
77	77	Subd. 9.Removal; vacancies.An arbitrator appointed to the roster of arbitrators may be removed
78	78	from the roster only by the commissioner in accordance with the procedures set forth in Minnesota
79	79	Rules, part 5530.1300. A vacancy on the roster caused by a removal, a resignation, or another reason
80	80	shall be filled by the commissioner as necessary to fill the remainder of the arbitrator's term. A
81	81	vacancy on the roster occurring with less than six months remaining in the arbitrator's term shall
82	82	be filled for the existing term and the following three-year term.
83	83	Subd. 10.Training.(a) A person appointed to the arbitrator roster under this section must
84	84	complete training as required by the commissioner during the person's appointment. At a minimum,
85	85	an initial training must include:
86	86	(1) at least six hours on the topics of cultural competency, racism, implicit bias, and recognizing
87	87	and valuing community diversity and cultural differences; and
88	88	(2) at least six hours on topics related to the daily experience of peace officers, which may
89	89	include ride-alongs with on-duty officers or other activities that provide exposure to the environments,
90	90	choices, and judgments required of officers in the field.
91	91	(b) The commissioner may adopt rules establishing training requirements consistent with this
92	92	subdivision.
93	93	(c) An arbitrator appointed to the roster of arbitrators after 2020 must complete the required
94	94	initial training within six months of the arbitrator's appointment.
95	95	(d) The Bureau of Mediation Services must pay for all costs associated with the required training.
96	96	Subd. 11.Selection of arbitrators.The commissioner shall assign or appoint an arbitrator or
97	97	panel of arbitrators from the roster to a peace officer grievance arbitration under this section on
98	98	rotation through the roster alphabetically ordered by last name. The parties shall not participate in,
99	99	negotiate for, or agree to the selection of an arbitrator or arbitration panel under this section. The
100	100	arbitrator or panel shall decide the grievance, and the decision is binding subject to the provisions
101	101	of chapter 572B.
102	102	Subd. 12.Interaction with other laws.(a) Sections 179A.21, subdivision 2, and 572B.11,
103	103	paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04 shall not
104	104	apply to discipline-related grievance arbitrations involving peace officers governed under this
105	105	section.
106	106	(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or resolution,
107	107	peace officers, through their certified exclusive representatives, shall not have the right to negotiate
108	108	for or agree to a collective bargaining agreement or a grievance arbitration selection procedure with
109	109	their employers that is inconsistent with this section.
110	110	(c) The arbitrator selection procedure for peace officer grievance arbitrations established under
111	111	this section supersedes any inconsistent provisions in chapter 179A or 572B or in Minnesota Rules,
112	112	chapters 5500 to 5530 and 7325. Other arbitration requirements in those chapters remain in full
113	113	force and effect for peace officer grievance arbitrations, except as provided in this section or to the
114	114	extent inconsistent with this section.
115	115	2R
116	116	APPENDIX
117	117	Repealed Minnesota Statutes: 25-03991