1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to labor; allowing union members to allocate union dues to the local, state, |
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3 | 3 | | 1.3 or national organization of their choice; amending Minnesota Statutes 2024, sections |
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4 | 4 | | 1.4 179A.06, subdivision 6; 181.06, subdivision 2. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 179A.06, subdivision 6, is amended to read: |
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7 | 7 | | 1.7 Subd. 6.Payroll deduction, authorization, and remittance.(a) A public employee |
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8 | 8 | | 1.8may request payroll deduction for the exclusive representative that represents the employee's |
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9 | 9 | | 1.9position and its associated political fund under section 10A.12, or to allocate all or a portion |
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10 | 10 | | 1.10of the public employee's union dues or membership fees to the local, state, or national |
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11 | 11 | | 1.11organization of the public employee's choice. The exclusive representative must inform |
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12 | 12 | | 1.12public employees of the option to allocate their union dues or membership fees to the local, |
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13 | 13 | | 1.13state, or national organization of the public employee's choice. Any dues deduction |
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14 | 14 | | 1.14authorization must clearly provide public employees this choice. If no exclusive |
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15 | 15 | | 1.15representative represents an employee's position, the public employee may request payroll |
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16 | 16 | | 1.16deduction for the organization of the employee's choice. A public employer must provide |
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17 | 17 | | 1.17payroll deduction according to any public employee's request under this paragraph. |
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18 | 18 | | 1.18 (b) A public employer must rely on a certification from an exclusive representative |
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19 | 19 | | 1.19requesting remittance of a deduction that the organization has and will maintain an |
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20 | 20 | | 1.20authorization signed, either by hand or electronically according to section 325L.02, paragraph |
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21 | 21 | | 1.21(h), by the public employee from whose salary or wages the deduction is to be made. An |
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22 | 22 | | 1.22exclusive representative making a certification is not required to provide the public employer |
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23 | 23 | | 1Section 1. |
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24 | 24 | | REVISOR VH/AD 25-0149003/03/25 |
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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. 2240 |
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30 | 30 | | NINETY-FOURTH SESSION |
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31 | 31 | | Authored by Bakeberg, Mueller, Schultz, Mekeland and Bennett03/12/2025 |
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32 | 32 | | The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1a copy of the authorization unless a dispute arises about the authorization's existence or |
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33 | 33 | | 2.2terms. |
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34 | 34 | | 2.3 (c) A payroll deduction authorization is effective until the exclusive representative |
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35 | 35 | | 2.4notifies the employer that a public employee has changed or canceled the employee's |
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36 | 36 | | 2.5authorization in writing in accordance with the terms of the original authorization. When |
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37 | 37 | | 2.6determining whether deductions have been properly changed or canceled, a public employer |
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38 | 38 | | 2.7must rely on information from the exclusive representative receiving remittance of the |
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39 | 39 | | 2.8deduction. |
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40 | 40 | | 2.9 (d) Deduction authorization under this section is: |
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41 | 41 | | 2.10 (1) independent from the public employee's membership status in the organization to |
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42 | 42 | | 2.11which payment is remitted; and |
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43 | 43 | | 2.12 (2) effective regardless of whether a collective bargaining agreement authorizes the |
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44 | 44 | | 2.13deduction. |
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45 | 45 | | 2.14 (e) An employer must: |
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46 | 46 | | 2.15 (1) begin deductions within 30 days after an exclusive representative submits a |
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47 | 47 | | 2.16certification under paragraph (b); and |
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48 | 48 | | 2.17 (2) remit the deductions to the exclusive representative or to the organization of the |
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49 | 49 | | 2.18public employee's choice within 30 days of the deduction. |
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50 | 50 | | 2.19 (f) An exclusive representative must indemnify a public employer: |
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51 | 51 | | 2.20 (1) for any successful employee claim for unauthorized employer deductions made by |
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52 | 52 | | 2.21relying on an exclusive representative's certification under paragraph (b); and |
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53 | 53 | | 2.22 (2) for any successful employee claim for unauthorized employer deductions made by |
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54 | 54 | | 2.23relying on information for changing or canceling deductions under paragraph (c), with |
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55 | 55 | | 2.24indemnification including any reasonable attorney fees and litigation costs. |
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56 | 56 | | 2.25 (g) Any dispute under this subdivision must be resolved through an unfair labor practice |
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57 | 57 | | 2.26proceeding under section 179A.13. It is an unfair labor practice if an employer fails to |
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58 | 58 | | 2.27comply with paragraph (e), and the employer must reimburse deductions that should have |
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59 | 59 | | 2.28been made or remitted based on a valid authorization given by the employee or employees. |
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60 | 60 | | 2.29 Sec. 2. Minnesota Statutes 2024, section 181.06, subdivision 2, is amended to read: |
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61 | 61 | | 2.30 Subd. 2.Payroll deductions.(a) A written contract may be entered into between an |
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62 | 62 | | 2.31employer and an employee wherein the employee authorizes the employer to make payroll |
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63 | 63 | | 2Sec. 2. |
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64 | 64 | | REVISOR VH/AD 25-0149003/03/25 3.1deductions for the purpose of paying union dues, premiums of any life insurance, |
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65 | 65 | | 3.2hospitalization and surgical insurance, group accident and health insurance, group term life |
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66 | 66 | | 3.3insurance, group annuities or contributions to credit unions or a community chest fund, a |
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67 | 67 | | 3.4local arts council, a local science council or a local arts and science council, or Minnesota |
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68 | 68 | | 3.5benefit association, a federally or state registered political action committee, membership |
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69 | 69 | | 3.6dues of a relief association governed by sections 424A.091 to 424A.096 or Laws 2013, |
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70 | 70 | | 3.7chapter 111, article 5, sections 31 to 42, contributions to a nonprofit organization that is tax |
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71 | 71 | | 3.8exempt under section 501(c) of the Internal Revenue Code, or participation in any employee |
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72 | 72 | | 3.9stock purchase plan or savings plan for periods longer than 60 days, including gopher state |
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73 | 73 | | 3.10bonds established under section 16A.645. A private sector employer must make payroll |
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74 | 74 | | 3.11deductions to a nonlabor organization under this subdivision when requested by five or |
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75 | 75 | | 3.12more employees. |
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76 | 76 | | 3.13 (b) A private employee who makes a payroll deduction under paragraph (a) for the |
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77 | 77 | | 3.14purpose of paying union dues or membership fees may elect to allocate all or a portion of |
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78 | 78 | | 3.15the private employee's union dues or membership fees to the local, state, or national |
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79 | 79 | | 3.16organization of the private employee's choice. An exclusive representative of the organization |
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80 | 80 | | 3.17shall provide union members notice of this option, and any dues deduction authorization |
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81 | 81 | | 3.18must clearly provide members this choice. In the absence of an exclusive representative, a |
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82 | 82 | | 3.19private union member has the right to request and be allowed a payroll deduction for the |
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83 | 83 | | 3.20local, state, or national organization of the private union member's choice. |
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84 | 84 | | 3Sec. 2. |
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85 | 85 | | REVISOR VH/AD 25-0149003/03/25 |
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