Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3229 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 labor law; creating and regulating collective bargaining rights for
3	3	1.3 transportation network company drivers; authorizing rulemaking; proposing coding
4	4	1.4 for new law as Minnesota Statutes, chapter 179B.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [179B.01] DEFINITIONS.
7	7	1.7 Subdivision 1.Definitions.For purposes of this chapter, the following terms have the
8	8	1.8meanings given.
9	9	1.9 Subd. 2.Active driver."Active driver" means a driver who, in the most recent two
10	10	1.10quarters for which data is available, completed at least the median number of rides as
11	11	1.11calculated by the commissioner under section 179B.03, subdivision 2, paragraph (b), clause
12	12	1.12(2).
13	13	1.13 Subd. 3.Bargaining representative."Bargaining representative" means a labor
14	14	1.14organization that has been certified by the commissioner under section 179B.06, subdivision
15	15	1.152.
16	16	1.16 Subd. 4.Board."Board" means the Public Employment Relations Board.
17	17	1.17 Subd. 5.Bureau."Bureau" means the Bureau of Mediation Services established under
18	18	1.18section 179.02.
19	19	1.19 Subd. 6.Commissioner."Commissioner" means the commissioner of the Bureau of
20	20	1.20Mediation Services.
21	21	1.21 Subd. 7.Company union.(a) "Company union" means any committee, employee
22	22	1.22representation plan, or association of drivers or others that exists for the purpose, in whole
23	23	1Section 1.
24	24	25-04900 as introduced03/24/25 REVISOR SS/LJ
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 3229NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: MOHAMED, Marty, Oumou Verbeten, Maye Quade and Mann)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading04/02/2025
31	31	Referred to Labor 2.1or in part, of working with TNCs concerning grievances or terms and conditions of work
32	32	2.2for drivers and that was:
33	33	2.3 (1) initiated or created by a TNC, or initiated or created at the suggestion of a TNC;
34	34	2.4 (2) involved a TNC in forming the company union's governing rules or policies;
35	35	2.5 (3) involved a TNC in or supervision of the company union's management, operations,
36	36	2.6or elections; or
37	37	2.7 (4) maintained, financed, controlled, or dominated by a TNC, or assisted by a TNC in
38	38	2.8maintaining or financing, unless required to do so by this chapter or any regulations
39	39	2.9implementing this chapter, whether by compensating anyone for services performed on the
40	40	2.10company union's behalf or by donating free services, equipment, materials, office or meeting
41	41	2.11space, or anything else of value, or by any other means.
42	42	2.12 (b) A labor organization must not be deemed a company union solely because it has
43	43	2.13negotiated or been granted the right to designate drivers to be released with pay for the
44	44	2.14purpose of providing representation or other labor relations services on behalf of drivers or
45	45	2.15others represented by the labor organization.
46	46	2.16 (c) A labor organization must not be deemed a company union solely because, in the
47	47	2.17course of providing representation to drivers for whom it is the exclusive representative, a
48	48	2.18TNC allows agents of the labor organization to meet with drivers on the TNC's premises.
49	49	2.19 Subd. 8.Digital network."Digital network" has the meaning given in section 65B.472,
50	50	2.20subdivision 1, paragraph (b).
51	51	2.21 Subd. 9.District court."District court" means the district court for the county:
52	52	2.22 (1) in which the unfair labor practice that is the subject of the order or administrative
53	53	2.23complaint was committed; or
54	54	2.24 (2) in which a party alleged to have committed the unfair labor practice resides or
55	55	2.25transacts business.
56	56	2.26 Subd. 10.Driver."Driver" has the meaning given in section 65B.472, subdivision 1,
57	57	2.27paragraph (n).
58	58	2.28 Subd. 11.Exclusive representative."Exclusive representative" means a labor
59	59	2.29organization that has been certified by the commissioner under section 179B.06, subdivision
60	60	2.303.
61	61	2.31 Subd. 12.Labor organization."Labor organization" means any organization:
62	62	2Section 1.
63	63	25-04900 as introduced03/24/25 REVISOR SS/LJ 3.1 (1) in which drivers participate;
64	64	3.2 (2) that exists for the purposes, in whole or in part, of:
65	65	3.3 (i) collective bargaining;
66	66	3.4 (ii) working with TNCs regarding grievances or terms and conditions of work; or
67	67	3.5 (iii) providing other mutual aid or protection; and
68	68	3.6 (3) that is not a company union under subdivision 7.
69	69	3.7 Subd. 13.Lockout.(a) "Lockout" means a refusal by a TNC to permit a driver normal
70	70	3.8access to the TNC's means of connecting drivers to individuals seeking transportation
71	71	3.9service, as a result of a dispute with the driver or the labor organization representing the
72	72	3.10driver, that affects the driver's compensation, benefits, hours, and other terms and conditions
73	73	3.11of work.
74	74	3.12 (b) Lockout does not include a termination of engagement of a driver for good cause,
75	75	3.13under the deactivation standards set forth in section 181C.04, that does not involve the driver
76	76	3.14exercising any rights guaranteed by this chapter.
77	77	3.15 Subd. 14.Quarter."Quarter" means each of the following time periods of every calendar
78	78	3.16year:
79	79	3.17 (1) January 1 through March 31;
80	80	3.18 (2) April 1 through June 30;
81	81	3.19 (3) July 1 through September 30; and
82	82	3.20 (4) October 1 through December 31.
83	83	3.21 Subd. 15.Transportation network company or TNC."Transportation network
84	84	3.22company" or "TNC" has the meaning given in section 65B.472, subdivision 1, paragraph
85	85	3.23(m).
86	86	3.24 Sec. 2. [179B.02] RIGHTS OF DRIVERS.
87	87	3.25 Subdivision 1.To organize.A driver has the following rights:
88	88	3.26 (1) to self-organize;
89	89	3.27 (2) to form, join, or assist labor organizations;
90	90	3.28 (3) to not form, join, or assist labor organizations; and
91	91	3Sec. 2.
92	92	25-04900 as introduced03/24/25 REVISOR SS/LJ 4.1 (4) to designate an exclusive representative to bargain collectively regarding grievance
93	93	4.2procedures and the terms and conditions of the drivers' work.
94	94	4.3 Subd. 2.To meet and negotiate.Drivers, through their exclusive representative, have
95	95	4.4the right and obligation to meet and negotiate in good faith with TNCs regarding grievance
96	96	4.5procedures and the terms and conditions of the drivers' work. This obligation does not
97	97	4.6compel the exclusive representative to agree to a proposal or require the making of a
98	98	4.7concession.
99	99	4.8 Subd. 3.To engage in concerted activity.Drivers have the right to engage in concerted
100	100	4.9activities for the purpose of collective bargaining or other mutual aid or protection, free
101	101	4.10from interference, restraint, or coercion by TNCs, and have the right to refrain from any or
102	102	4.11all concerted activities. Nothing in this chapter prohibits drivers from exercising the right
103	103	4.12to confer with TNCs, provided that during the conference there is no attempt by the TNC,
104	104	4.13directly or indirectly, to interfere with, restrain, or coerce drivers in the exercise of the rights
105	105	4.14guaranteed by this section.
106	106	4.15 Sec. 3. [179B.03] DUTIES OF COMMISSIONER OF BUREAU OF MEDIATION
107	107	4.16SERVICES.
108	108	4.17 Subdivision 1.Duties.In addition to the duties outlined in sections 179B.05, 179B.06,
109	109	4.18and 179B.07, the commissioner must:
110	110	4.19 (1) provide mediation services as requested by the parties;
111	111	4.20 (2) assist the parties in formulating petitions, notices, and other papers required to be
112	112	4.21filed with the commissioner;
113	113	4.22 (3) adopt rules relating to the administration of this chapter and the conduct of hearings
114	114	4.23and elections;
115	115	4.24 (4) provide the parties with a list of qualified arbitrators as requested by the parties; and
116	116	4.25 (5) collect and interpret driver data under subdivision 2.
117	117	4.26 Subd. 2.Driver data.(a) Beginning October 1, 2025, within 30 days of the end of each
118	118	4.27quarter, each TNC must submit to the commissioner, in an electronic format to be determined
119	119	4.28by the commissioner, a list of the names, license numbers, phone numbers, mailing addresses,
120	120	4.29email addresses, and number of completed rides originating in Minnesota in the previous
121	121	4.30quarter for each driver who completed at least one ride originating in Minnesota on that
122	122	4.31TNC's platform in the previous quarter.
123	123	4Sec. 3.
124	124	25-04900 as introduced03/24/25 REVISOR SS/LJ 5.1 (b) For each quarter, beginning January 1, 2026, the commissioner must use the data
125	125	5.2provided by all TNCs under paragraph (a) to determine:
126	126	5.3 (1) the distribution of the number of rides completed by all drivers for whom data has
127	127	5.4been submitted, who completed at least five rides in the previous two quarters; and
128	128	5.5 (2) the median number of rides completed by drivers for whom data has been submitted,
129	129	5.6who completed at least five rides in the previous two quarters.
130	130	5.7 (c) For each quarter, beginning January 1, 2026, the commissioner must create a list that
131	131	5.8contains only the data supplied in paragraph (a) for active drivers.
132	132	5.9 Sec. 4. [179B.04] UNFAIR LABOR PRACTICES.
133	133	5.10 Subdivision 1.Unfair labor practices of TNCs.It is an unfair labor practice for a TNC
134	134	5.11to:
135	135	5.12 (1) fail to provide the commissioner any information required under this chapter, or to
136	136	5.13provide intentionally inaccurate information;
137	137	5.14 (2) refuse to negotiate in good faith with an exclusive representative regarding
138	138	5.15compensation, hours, or terms and conditions of work;
139	139	5.16 (3) fail to provide the commissioner or an exclusive representative with the driver data
140	140	5.17required under section 179B.03, subdivision 2, paragraph (a);
141	141	5.18 (4) fail to provide a bargaining representative or exclusive representative with relevant
142	142	5.19information requested by the labor organization for purposes of bargaining and the
143	143	5.20performance of its other duties as the drivers' representative;
144	144	5.21 (5) refuse to continue all the terms of a final determination under section 179B.07,
145	145	5.22subdivision 6, until a new determination is issued;
146	146	5.23 (6) lockout drivers;
147	147	5.24 (7) spy on or surveil, directly or indirectly, any activities of drivers, labor organizations,
148	148	5.25or any other person exercising the rights guaranteed by this chapter;
149	149	5.26 (8) dominate or interfere with the formation, existence, or administration of any driver
150	150	5.27organization or to contribute financial or other support to any such organization, directly
151	151	5.28or indirectly, unless required by this chapter or any regulations implementing this chapter,
152	152	5.29including but not limited to the following actions:
153	153	5Sec. 4.
154	154	25-04900 as introduced03/24/25 REVISOR SS/LJ 6.1 (i) participating or assisting in, supervising, or controlling the initiation or creation of
155	155	6.2any such organization or the meetings, management, operations, elections, formulation, or
156	156	6.3amendment of constitutions, rules, or policies, of any such organization;
157	157	6.4 (ii) offering incentives to drivers to join any such organization; and
158	158	6.5 (iii) donating free services, equipment, materials, office or meeting space, or anything
159	159	6.6else of value for use by any such organization, except that a TNC is not prohibited from
160	160	6.7allowing drivers to perform representational work protected under this chapter during
161	161	6.8working hours without loss of time or pay or from allowing agents of a certified driver
162	162	6.9bargaining organization to meet with drivers on the TNC's premises;
163	163	6.10 (9) form a company union as defined in section 179B.01, subdivision 7;
164	164	6.11 (10) require a driver to join a company union or labor organization or to refrain from
165	165	6.12forming, joining, or assisting a labor organization of the driver's choosing;
166	166	6.13 (11) discriminate in any term or condition of work to encourage membership in any
167	167	6.14company union or discourage membership in any labor organization;
168	168	6.15 (12) deactivate or otherwise discriminate against a driver because the driver signed or
169	169	6.16filed any affidavit, petition, or complaint or gave any information or testimony in accordance
170	170	6.17with this chapter;
171	171	6.18 (13) distribute a list of (i) individuals exercising any right created or confirmed by this
172	172	6.19chapter, or (ii) members of a labor organization, for the purpose of preventing individuals
173	173	6.20on the list from obtaining or retaining opportunities for remuneration; or
174	174	6.21 (14) perform any other actions that interfere with, restrain, or coerce drivers in exercising
175	175	6.22the rights guaranteed by this chapter.
176	176	6.23 Subd. 2.Unfair labor practices of labor organizations.It is an unfair labor practice
177	177	6.24for a labor organization to:
178	178	6.25 (1) refuse to collectively bargain in good faith with TNCs;
179	179	6.26 (2) restrain or coerce drivers in exercising the rights guaranteed by this chapter, except
180	180	6.27this paragraph does not impair the right of a labor organization to set its own rules for
181	181	6.28acquisition or retention of membership in the labor organization;
182	182	6.29 (3) where the labor organization is the exclusive representative, fail to fulfill its duty of
183	183	6.30fair representation of drivers through arbitrary, discriminatory, or bad faith acts or omissions;
184	184	6.31or
185	185	6Sec. 4.
186	186	25-04900 as introduced03/24/25 REVISOR SS/LJ 7.1 (4) restrain or coerce a driver in selecting a labor organization for purposes of collective
187	187	7.2bargaining and representation.
188	188	7.3 Sec. 5. [179B.05] PREVENTION OF UNFAIR LABOR PRACTICES.
189	189	7.4 Subdivision 1.General enforcement power.(a) The board has the duties and powers
190	190	7.5in this section to prevent the unfair labor practices in section 179B.04.
191	191	7.6 (b) The board's enforcement power cannot be affected or impaired by any adjustment,
192	192	7.7mediation, or conciliation in labor disputes established by law or by a determination under
193	193	7.8section 179B.07.
194	194	7.9 (c) The board has rulemaking power to execute the duties assigned to the board in this
195	195	7.10chapter.
196	196	7.11 Subd. 2.Notice to drivers.(a) To prevent unfair labor practices, at least annually, each
197	197	7.12TNC must send to each of its drivers who have completed at least one ride in the past year,
198	198	7.13a text message and an email, in a form determined by the board, notifying the driver of the
199	199	7.14driver's rights under this chapter and the procedure for filing an unfair labor practice charge.
200	200	7.15 (b) The board must post a copy of the notice to drivers in paragraph (a) on the bureau's
201	201	7.16website.
202	202	7.17 Subd. 3.Filing an unfair labor practice charge.(a) Any TNC or labor organization
203	203	7.18aggrieved by an unfair labor practice in section 179B.04 may file an unfair labor practice
204	204	7.19charge with the board.
205	205	7.20 (b) When a charge is filed under paragraph (a), the board must designate an investigator
206	206	7.21to promptly conduct an investigation of the charge.
207	207	7.22 (c) Unless the board finds, after investigation, that the charge has no reasonable basis
208	208	7.23in law or fact, the board must promptly issue a complaint stating the charges and serve the
209	209	7.24complaint on the party against which the charge was filed. The complaint must be
210	210	7.25accompanied by a notice of hearing.
211	211	7.26 (d) Notwithstanding paragraph (c), no complaint can be issued based upon an unfair
212	212	7.27labor practice occurring more than six months prior to the filing of a charge under paragraph
213	213	7.28(a).
214	214	7.29 (e) A complaint issued under this subdivision may be amended by the board at any time
215	215	7.30prior to the issuance of an order based on that complaint.
216	216	7.31 Subd. 4.Hearing an unfair labor practice complaint.(a) Unfair labor practice
217	217	7.32complaints must be heard:
218	218	7Sec. 5.
219	219	25-04900 as introduced03/24/25 REVISOR SS/LJ 8.1 (1) before a hearing officer licensed to practice law in Minnesota and designated by the
220	220	8.2board;
221	221	8.3 (2) at the offices of the board or another location the board deems appropriate; and
222	222	8.4 (3) at least five days but no more than 20 days after serving the complaint under
223	223	8.5subdivision 3, paragraph (c).
224	224	8.6 (b) The party who is the subject of the complaint has the right to:
225	225	8.7 (1) file an answer to the original or amended complaint prior to the hearing; and
226	226	8.8 (2) appear in person or by a representative and give testimony at the hearing.
227	227	8.9 (c) Other parties may be allowed to intervene in a proceeding or present testimony at a
228	228	8.10hearing at the discretion of the hearing officer.
229	229	8.11 (d) The board must appoint a reporter to transcribe a full and complete record of all
230	230	8.12hearing proceedings.
231	231	8.13 (e) The board and designated hearing officers:
232	232	8.14 (1) are not bound by the rules of evidence applicable to courts, except for the rules of
233	233	8.15privilege recognized by law; and
234	234	8.16 (2) have the power to issue notices, subpoenas, and orders required by law to carry out
235	235	8.17duties under this chapter.
236	236	8.18 (f) If any party fails to appear or testify or to produce books, papers, and records pursuant
237	237	8.19to the issuance of a subpoena, the board may apply to a court of competent jurisdiction to
238	238	8.20request that the party be ordered to appear, testify, or produce the requested evidence.
239	239	8.21 (g) At any time prior to the close of a hearing, the parties may by mutual agreement
240	240	8.22request referral to mediation, at which time the board must appoint a mediator and the
241	241	8.23hearing must be suspended pending the results of the mediation.
242	242	8.24 Subd. 5.Issuing a recommended decision and order.(a) If, upon a preponderance of
243	243	8.25evidence, the hearing officer determines that any party named in the complaint has engaged
244	244	8.26in or is engaging in an unfair labor practice:
245	245	8.27 (1) the hearing officer must issue a recommended decision and an order stating findings
246	246	8.28of fact and conclusions, and requiring the party:
247	247	8.29 (i) to cease and desist from the unfair labor practice; and
248	248	8.30 (ii) if the party is a TNC, to send a cease-and-desist notice to each of the TNC's drivers
249	249	8.31who completed at least one ride in the last year, using a form designated by the board;
250	250	8Sec. 5.
251	251	25-04900 as introduced03/24/25 REVISOR SS/LJ 9.1 (2) the hearing officer may order any appropriate relief, including but not limited to
252	252	9.2reinstatement, back pay, and any other remedies that make a charging party whole. If back
253	253	9.3pay is awarded, the award must include interest at the rate of seven percent per annum; and
254	254	9.4 (3) the hearing officer may require the party to make periodic reports to demonstrate
255	255	9.5the extent to which the party has complied with the order.
256	256	9.6 (b) If there is no preponderance of evidence that the party named in the complaint has
257	257	9.7engaged in or is engaging in the unfair labor practice, the hearing officer must issue a
258	258	9.8recommended decision and order stating findings of fact and dismissing the complaint.
259	259	9.9 (c) Unless the board reviews the recommended decision and order on its own motion
260	260	9.10under subdivision 6, the recommended decision and order is not legal precedent and is final
261	261	9.11and binding only on the parties to the proceeding.
262	262	9.12 Subd. 6.Review by the board.(a) The board may review a recommended decision and
263	263	9.13order on the board's own motion.
264	264	9.14 (b) The board must review a recommended decision and order if a party to the complaint
265	265	9.15files an exception no later than 30 days after service of the recommended decision and order.
266	266	9.16 (c) If the board reviews the recommended decision and order, the board:
267	267	9.17 (1) may adopt all, part, or none of the recommended decision and order, based on the
268	268	9.18extent to which the recommended decision and order is consistent with the record and
269	269	9.19applicable laws; and
270	270	9.20 (2) must issue and serve on all parties a final decision and order.
271	271	9.21The board retains jurisdiction over the case to ensure the parties' compliance with the final
272	272	9.22decision and order.
273	273	9.23 (d) Until overturned by an order of the board, the parties must comply with the hearing
274	274	9.24officer's recommended decision and order.
275	275	9.25 (e) Until the record has been filed in the court of appeals or district court, the board may
276	276	9.26at any time, upon reasonable notice and in a manner the board deems appropriate, modify
277	277	9.27or set aside, in whole or in part, any finding or order made or issued by the board.
278	278	9.28 Subd. 7.Enforcement by a district court.(a) Upon issuance of a final order that an
279	279	9.29unfair labor practice has been committed, either the board or the charging party may petition
280	280	9.30the district court for enforcement of the order, appropriate temporary relief, or a restraining
281	281	9.31order. If the board petitions the court, the charging party may intervene as a matter of right.
282	282	9Sec. 5.
283	283	25-04900 as introduced03/24/25 REVISOR SS/LJ 10.1 (b) When it appears that any party has violated a final order of the board issued under
284	284	10.2this section:
285	285	10.3 (1) the board must:
286	286	10.4 (i) petition the district court for an order directing the party and its officers, agents,
287	287	10.5servants, successors, and assignees to comply with the board's order; and
288	288	10.6 (ii) appoint counsel to represent the board in the enforcement action; and
289	289	10.7 (2) the district court may:
290	290	10.8 (i) grant or refuse, in whole or in part, the relief sought;
291	291	10.9 (ii) stay an order of the board pending disposition of the proceedings; and
292	292	10.10 (iii) punish a violation of the district court's order as in civil contempt.
293	293	10.11 Subd. 8.Petitioning the board for injunctive relief.(a) A party filing an unfair labor
294	294	10.12practice charge under this section may petition the board to obtain injunctive relief, pending
295	295	10.13a decision on the merits by the board or a hearing officer.
296	296	10.14 (b) When a petition for injunctive relief is filed, the board must petition the district court,
297	297	10.15upon notice to all parties, for the necessary injunctive relief, if the petitioner shows that:
298	298	10.16 (1) there is reasonable cause to believe an unfair labor practice has occurred;
299	299	10.17 (2) immediate and irreparable injury, loss, or damage will result because of the unfair
300	300	10.18labor practice, making any judgment on the merits ineffective, and requiring maintenance
301	301	10.19or restoration of the status quo to provide meaningful relief; and
302	302	10.20 (3) the balance of the hardships weighs in favor of issuing the injunction.
303	303	10.21Immediate and irreparable harm includes discouraging drivers from exercising their rights
304	304	10.22under this chapter. Immediate and irreparable injury, loss, or damage is presumed if the
305	305	10.23TNC fails to provide the required data under section 179B.03, subdivision 2, paragraph (a),
306	306	10.24to any party.
307	307	10.25 (c) If the board determines not to seek injunctive relief, the charging party may seek
308	308	10.26injunctive relief by petition to the district court and the board must be joined as a necessary
309	309	10.27party.
310	310	10.28 (d) If the board fails to act on a petition for injunctive relief within ten days, the board,
311	311	10.29for purposes of review, must be deemed to have made a final order determining not to seek
312	312	10.30injunctive relief.
313	313	10Sec. 5.
314	314	25-04900 as introduced03/24/25 REVISOR SS/LJ 11.1 (e) Nothing in this subdivision precludes a charging party from seeking injunctive relief
315	315	11.2in district court after filing the unfair labor practice charge.
316	316	11.3 Subd. 9.Injunctive relief in district court.(a) When a petition for injunctive relief is
317	317	11.4filed with the district court, upon notice to all parties, the district court may grant the
318	318	11.5necessary injunctive relief if the petitioner shows that:
319	319	11.6 (1) there is reasonable cause to believe an unfair labor practice has occurred;
320	320	11.7 (2) immediate and irreparable injury, loss, or damage will result because of the unfair
321	321	11.8labor practice, rendering a resulting judgment on the merits ineffectual, thus necessitating
322	322	11.9the maintenance of, or return to, the status quo to provide meaningful relief; and
323	323	11.10 (3) the balance of the hardships weighs in favor of issuing the injunction.
324	324	11.11Immediate and irreparable harm includes discouraging drivers from exercising their rights
325	325	11.12under this chapter. Immediate and irreparable injury, loss, or damage is presumed if the
326	326	11.13TNC fails to provide an accurate list of the drivers' names and addresses.
327	327	11.14 (b) Any injunctive relief granted by the district court expires on:
328	328	11.15 (1) a decision by a hearing officer or the board finding that no unfair labor practice
329	329	11.16occurred;
330	330	11.17 (2) a successful appeal of the grant of injunctive relief;
331	331	11.18 (3) a successful motion by the respondent to vacate or modify the injunction under
332	332	11.19Minnesota Rules of Civil Procedure;
333	333	11.20 (4) a recommended decision and order by a hearing officer finding that an unfair labor
334	334	11.21practice occurred to which the respondent fails to file an exception and implements the
335	335	11.22remedy; or
336	336	11.23 (5) a final decision and order by the board finding that an unfair labor practice occurred
337	337	11.24to which the respondent implements the remedy.
338	338	11.25 (c) Notwithstanding paragraph (b), injunctive relief granted by the district court does
339	339	11.26not expire if the board notifies the district court that the district court's injunctive relief
340	340	11.27implements a remedial order issued by the board.
341	341	11.28 (d) The board or hearing officer must conclude the hearing process and issue a decision
342	342	11.29on the merits within 60 days after the imposition of injunctive relief under this subdivision,
343	343	11.30unless an extension is mutually agreed by the respondent and charging party.
344	344	11Sec. 5.
345	345	25-04900 as introduced03/24/25 REVISOR SS/LJ 12.1 (e) An appeal of any order granting, denying, modifying, or vacating injunctive relief
346	346	12.2ordered by the court under this subdivision must be made in accordance with Minnesota
347	347	12.3Rules of Civil Procedure and Minnesota Rules of Appellate Procedure.
348	348	12.4 (f) The petitioner for injunctive relief under this subdivision is not required to give any
349	349	12.5undertakings or bond and is not liable for any damages or costs that may be sustained by
350	350	12.6reason of any injunctive relief ordered.
351	351	12.7 Sec. 6. [179B.06] REPRESENTATIVES.
352	352	12.8 Subdivision 1.Bargaining unit.For purposes of this chapter, every driver is included
353	353	12.9in a single industry-wide bargaining unit.
354	354	12.10 Subd. 2.Certification as bargaining representative.(a) A labor organization may file
355	355	12.11a petition with the commissioner requesting certification as a bargaining representative.
356	356	12.12The petition must include:
357	357	12.13 (1) sufficient evidence to demonstrate that the organization meets the definition of a
358	358	12.14labor organization under section 179B.01, subdivision 12; and
359	359	12.15 (2) cards, petitions, or other evidence, which may be in electronic form, sufficient to
360	360	12.16demonstrate that at least five percent of active drivers want to be represented by the labor
361	361	12.17organization for the purpose of collective bargaining.
362	362	12.18 (b) To be valid, a card, petition, or other evidence submitted under paragraph (a), clause
363	363	12.19(2), must have been executed by an active driver no more than one year before the date the
364	364	12.20labor organization submits the evidence to the commissioner.
365	365	12.21 (c) The commissioner must investigate any petition filed under paragraph (a) and make
366	366	12.22a determination about certification within 45 days of receiving a petition.
367	367	12.23 (d) If the commissioner determines that the petition fails to meet the requirements of
368	368	12.24paragraph (a), the petition must be rejected without prejudice to the labor organization's
369	369	12.25ability to resubmit a new petition.
370	370	12.26 (e) If the commissioner determines that the petition meets the requirements of paragraph
371	371	12.27(a), the commissioner must:
372	372	12.28 (1) certify the labor organization as a bargaining representative;
373	373	12.29 (2) require each TNC to send to all drivers who completed at least one ride in the last
374	374	12.30year a notice, in a form determined by the commissioner, stating that the labor organization
375	375	12.31is seeking to represent drivers for the purpose of initiating a bargaining process to establish
376	376	12.32terms and conditions for the industry;
377	377	12Sec. 6.
378	378	25-04900 as introduced03/24/25 REVISOR SS/LJ 13.1 (3) provide the labor organization the data in section 179B.03, subdivision 2, paragraph
379	379	13.2(c), for the most recent available quarter and updated versions of that data for each quarter
380	380	13.3for the next year; and
381	381	13.4 (4) for six months from the date of the commissioner's certification, not certify any other
382	382	13.5labor organization as the exclusive representative of the bargaining unit without an election.
383	383	13.6 Subd. 3.Certification as exclusive representative.(a) A labor organization that provides
384	384	13.7evidence to the commissioner that the labor organization has been authorized to act as the
385	385	13.8bargaining representative of at least 25 percent of active drivers must be certified as the
386	386	13.9exclusive representative of all drivers in the bargaining unit, as follows:
387	387	13.10 (1) if the commissioner determines that the labor organization has been designated as
388	388	13.11the bargaining representative by at least 25 percent of active drivers, the commissioner must
389	389	13.12certify the labor organization as the exclusive representative, subject to clause (2); and
390	390	13.13 (2) if the labor organization seeking certification as the exclusive representative under
391	391	13.14this subdivision provides evidence that at least 25 percent, but less than a majority of active
392	392	13.15drivers, have designated the labor organization to act as their bargaining representative, the
393	393	13.16commissioner must wait seven days before certifying the labor organization as the exclusive
394	394	13.17representative. If, during those seven days, another labor organization provides evidence
395	395	13.18that at least 25 percent of active drivers have authorized the labor organization to act as
396	396	13.19their bargaining representative, or if a driver provides evidence that at least 25 percent of
397	397	13.20active drivers do not wish to be represented by any labor organization, the commissioner
398	398	13.21must hold a representation election, as expeditiously as possible, among all active drivers.
399	399	13.22 (b) A labor organization that has been certified under subdivision 2 as the bargaining
400	400	13.23representative of at least five percent of active drivers may petition the commissioner to
401	401	13.24conduct an election among all active drivers. The election must be conducted as soon as
402	402	13.25possible.
403	403	13.26 (c) In an election among all active drivers:
404	404	13.27 (1) the labor organization receiving a majority of the valid votes cast must be certified
405	405	13.28as the exclusive representative of the entire bargaining unit; or
406	406	13.29 (2) when two or more labor organizations are on the ballot and none of the options
407	407	13.30receive a majority of the valid votes cast, there must be a runoff election between the two
408	408	13.31organizations receiving the first and second largest number of votes. The labor organization
409	409	13.32receiving a majority of the valid votes cast in the runoff election must be certified as the
410	410	13.33exclusive representative of the entire bargaining unit. If a majority of the valid votes cast
411	411	13Sec. 6.
412	412	25-04900 as introduced03/24/25 REVISOR SS/LJ 14.1are for "no labor organization," the commissioner must not certify any labor organization
413	413	14.2as the exclusive representative.
414	414	14.3 (d) Once the commissioner certifies a labor organization as the exclusive representative,
415	415	14.4the commissioner must notify all TNCs of the certification.
416	416	14.5 (e) A labor organization certified as the exclusive representative has the exclusive
417	417	14.6authority to represent the entire bargaining unit, without challenge by another labor
418	418	14.7organization, for the greater of:
419	419	14.8 (1) a period of one year; or
420	420	14.9 (2) the period during which recommendations made binding by a final determination
421	421	14.10under section 179B.07, subdivision 6, are in effect.
422	422	14.11 (f) When an exclusive representative is open to challenge, as defined by paragraph (e),
423	423	14.12active drivers may petition the commissioner for a decertification election. If an active driver
424	424	14.13demonstrates that at least 25 percent of active drivers support decertification, the
425	425	14.14commissioner must schedule an election to determine whether the labor organization has
426	426	14.15retained its status as exclusive representative. The labor organization retains its status as
427	427	14.16exclusive representative if it receives a majority of valid votes cast by active drivers.
428	428	14.17 (g) When a labor organization is designated the exclusive representative for the bargaining
429	429	14.18unit, only that labor organization is entitled to:
430	430	14.19 (1) receive from the TNCs on a quarterly basis the driver data in section 179B.03,
431	431	14.20subdivision 2, paragraph (a);
432	432	14.21 (2) receive from the commissioner on a quarterly basis the driver data in section 179B.03,
433	433	14.22subdivision 2, paragraph (c); and
434	434	14.23 (3) engage in bargaining with the TNCs for negotiated recommendations to the
435	435	14.24commissioner of labor and industry regarding compensation, benefits, and terms and
436	436	14.25conditions of work for drivers.
437	437	14.26 (h) For purposes of this subdivision, the operative list of active drivers must be based
438	438	14.27on the most recent quarterly list provided by the commissioner under section 179B.03,
439	439	14.28subdivision 2, paragraph (c).
440	440	14.29 Subd. 4.Dues deduction.(a) A labor organization designated as the exclusive
441	441	14.30representative under subdivision 3 has a right to voluntary membership dues deductions.
442	442	14Sec. 6.
443	443	25-04900 as introduced03/24/25 REVISOR SS/LJ 15.1 (b) To receive a dues deduction from an individual, the labor organization must present
444	444	15.2the TNC with a dues deduction authorization card signed by that driver either by hand or
445	445	15.3with an electronic signature, as defined in section 325L.02, paragraph (h).
446	446	15.4 (c) A TNC must start making dues deductions as soon as practicable, but in no case later
447	447	15.5than 30 days after receiving proof of a signed dues deduction authorization card, and dues
448	448	15.6must be submitted to the labor organization within 30 days of the deduction.
449	449	15.7 (d) Once established, a membership dues deduction must remain in full force and effect
450	450	15.8until the individual revokes membership in the labor organization in writing in accordance
451	451	15.9with the terms of the signed authorization.
452	452	15.10 Subd. 5.Functions of a neutral body.(a) A determination of a numerical threshold
453	453	15.11under subdivisions 2 and 3 may be made, and an election under subdivision 3 may be
454	454	15.12conducted, by a neutral body agreed upon by:
455	455	15.13 (1) the labor organization or driver seeking the determination or election; and
456	456	15.14 (2) the relevant TNCs.
457	457	15.15 (b) The fees of the neutral body must be paid by the commissioner.
458	458	15.16 (c) The neutral body must report the results of the determination or election to the
459	459	15.17commissioner. The commissioner must certify the results if the commissioner is satisfied
460	460	15.18that the determination was made or election was conducted in accordance with this chapter.
461	461	15.19 (d) If no neutral body has been agreed to within ten days of the request for certification
462	462	15.20or the need for election, the commissioner may designate a neutral body or serve as the
463	463	15.21neutral body.
464	464	15.22Sec. 7. [179B.07] BARGAINING.
465	465	15.23 Subdivision 1.Requirement to bargain.Once the commissioner certifies a labor
466	466	15.24organization as the exclusive representative, all TNCs are required to bargain with the
467	467	15.25exclusive representative regarding compensation, benefits, and terms and conditions of
468	468	15.26work, including a dispute resolution process for disputes about the terms of the final
469	469	15.27determination of the commissioner of labor and industry.
470	470	15.28 Subd. 2.Negotiating recommendations.(a) To facilitate negotiations with the exclusive
471	471	15.29representative, TNCs may form an industry association to negotiate on behalf of the TNCs
472	472	15.30and approve negotiated recommendations.
473	473	15.31 (b) If the TNCs choose not to form an industry association, any negotiated
474	474	15.32recommendations must be approved by:
475	475	15Sec. 7.
476	476	25-04900 as introduced03/24/25 REVISOR SS/LJ 16.1 (1) at least two TNCs; and
477	477	16.2 (2) TNCs representing at least 80 percent of the market share of the industry in Minnesota,
478	478	16.3with votes determined in proportion to the number of rides completed by drivers contracting
479	479	16.4directly with each TNC in the two quarters preceding the certification of the exclusive
480	480	16.5representative.
481	481	16.6 (c) Once the exclusive representative and TNCs have reached a set of negotiated
482	482	16.7recommendations for the industry that have been approved under paragraph (b) or by the
483	483	16.8industry association, the negotiated recommendations must be submitted by the exclusive
484	484	16.9representative to a vote by all drivers who have completed at least 100 trips in the previous
485	485	16.10quarter. If the majority of valid votes cast are for approval, the negotiated recommendations
486	486	16.11must be submitted to the commissioner of labor and industry for approval by a final
487	487	16.12determination. If the majority of valid votes cast are not in favor of the negotiated
488	488	16.13recommendations, the labor organization and the TNCs must resume bargaining.
489	489	16.14 Subd. 3.Impasse.(a) For purposes of this section, an impasse may be deemed to exist
490	490	16.15if the TNCs and the exclusive representative have failed to achieve agreement on negotiated
491	491	16.16recommendations by the end of a 180-day period that begins on either:
492	492	16.17 (1) the day the exclusive representative is certified; or
493	493	16.18 (2) the expiration date of negotiated recommendations made binding by a prior final
494	494	16.19determination by the commissioner of labor and industry under subdivision 6.
495	495	16.20 (b) Upon impasse, any of the TNCs or the exclusive representative may request that the
496	496	16.21commissioner hold an impasse proceeding.
497	497	16.22 (c) If an impasse proceeding is requested, the commissioner must appoint a mediator
498	498	16.23from a list of qualified persons maintained by the commissioner. The parties may decline
499	499	16.24the commissioner's selection and select a mediator satisfactory to them.
500	500	16.25 (d) If the mediator selected under paragraph (c) is unable to achieve agreement between
501	501	16.26the parties within 30 days after the day the commissioner appointed a mediator, any party
502	502	16.27may petition the commissioner to refer the dispute to an arbitrator.
503	503	16.28 (e) If the commissioner receives a timely petition from any party to refer the dispute to
504	504	16.29an arbitrator, the commissioner must first hold an election among all active drivers to choose
505	505	16.30between decertifying the exclusive representative and submitting the dispute to the arbitrator.
506	506	16.31If the majority of valid votes cast are for decertification, the exclusive representative must
507	507	16.32be decertified and any recommendations previously negotiated and made binding through
508	508	16.33a final determination from the commissioner of labor and industry must remain in place
509	509	16Sec. 7.
510	510	25-04900 as introduced03/24/25 REVISOR SS/LJ 17.1until the recommendations expire as provided by the terms of the final determination. If the
511	511	17.2majority of eligible votes cast are to have an arbitrator appointed, the commissioner must
512	512	17.3notify the TNCs and the exclusive representative of the need to appoint an arbitrator.
513	513	17.4 Subd. 4.Selection of an arbitrator.(a) For purposes of this subdivision, the TNCs
514	514	17.5form one group and the exclusive representatives form another group. All groups must:
515	515	17.6 (1) have an equal say in the selection of the arbitrator; and
516	516	17.7 (2) share equally the cost of the arbitrator.
517	517	17.8 (b) If the groups are unable to agree upon the arbitrator within seven days of the
518	518	17.9commissioner notifying the groups of the need to appoint an arbitrator, the commissioner
519	519	17.10must submit to the groups a list of persons qualified to be selected as an arbitrator. Upon
520	520	17.11submission of the list, a representative of each of the two groups must alternately strike
521	521	17.12from the list one of the names, with the order of striking determined by lot, until only one
522	522	17.13name remains. The representatives of the groups must notify the commissioner of the final
523	523	17.14name and the remaining person must be appointed by the commissioner as the arbitrator.
524	524	17.15 (c) Each group must select a representative for the striking process in paragraph (b).
525	525	17.16 (d) If the groups have not selected an arbitrator within 12 days of the commissioner's
526	526	17.17notice under subdivision 3, paragraph (e), clause (2), the commissioner must appoint an
527	527	17.18arbitrator.
528	528	17.19 Subd. 5.Arbitration proceedings.(a) Once appointed, the arbitrator must hold hearings
529	529	17.20on all matters related to the dispute. The arbitrator has discretion and authority to:
530	530	17.21 (1) determine the order of presentation by the parties;
531	531	17.22 (2) decide all procedural issues; and
532	532	17.23 (3) require the production of additional oral or written evidence from the parties.
533	533	17.24 (b) Each party may choose its own representative for the proceedings, including
534	534	17.25self-representation or representation by counsel. The exclusive representative and all TNCs
535	535	17.26engaging at least 50 active drivers may each present either orally or in writing, or both,
536	536	17.27statements of fact, supporting witnesses, other evidence, and arguments for their respective
537	537	17.28positions. Any TNC engaging fewer than 50 active drivers may also submit materials to the
538	538	17.29arbitrator, but only in writing.
539	539	17.30 (c) Upon the request of any party, a full and complete record of the proceedings must
540	540	17.31be kept, with the cost borne by the requesting party. If a record of the hearing is created, it
541	541	17.32must be shared with all parties regardless of which party paid for the record.
542	542	17Sec. 7.
543	543	25-04900 as introduced03/24/25 REVISOR SS/LJ 18.1 (d) Within 60 days of the arbitrator's appointment, the arbitrator must make a just and
544	544	18.2reasonable determination of the matters in dispute that will apply to all TNCs and the
545	545	18.3exclusive representative. The arbitrator must specify the basis for the findings, taking into
546	546	18.4consideration, in addition to any factors recommended by the parties that the arbitrator finds
547	547	18.5to be consistent with this chapter, the following:
548	548	18.6 (1) whether the compensation, benefits, hours, and conditions of work of the drivers are
549	549	18.7sufficient to provide those individuals a standard of living that permits them to rent or own
550	550	18.8housing in the community and to sustain themselves and their families in good health and
551	551	18.9reasonable prosperity, including by setting money aside for emergencies and retirement.
552	552	18.10This amount must take into account the real cost of living, may substantially exceed any
553	553	18.11statutory minimum wage, and should be an amount that makes it unnecessary for drivers
554	554	18.12and their dependents to rely upon any public benefits;
555	555	18.13 (2) whether the most efficient way to provide benefits is through a portable benefits fund
556	556	18.14and, if so, how to best assess each TNC a portion of the costs of providing those benefits;
557	557	18.15 (3) the financial ability of the TNCs to pay for the compensation and benefits in question
558	558	18.16and the impact of those costs on the services provided by TNCs;
559	559	18.17 (4) the establishment of reasonable dispute resolution mechanisms for disputes arising
560	560	18.18from compliance with the final determination; and
561	561	18.19 (5) comparison of the particularities of this industry to those of other trades or professions,
562	562	18.20including specifically:
563	563	18.21 (i) hazards of work;
564	564	18.22 (ii) physical qualifications;
565	565	18.23 (iii) educational qualifications;
566	566	18.24 (iv) mental qualifications;
567	567	18.25 (v) job training and skills; and
568	568	18.26 (vi) reasonable expenses incurred by drivers in providing services to TNCs.
569	569	18.27 (e) Any party, within seven days of the filing of the determination by the arbitrator, may
570	570	18.28petition the commissioner to set aside the determination for any of the following reasons:
571	571	18.29 (1) there was corruption in the selection of the arbitrator;
572	572	18.30 (2) the arbitrator's determination was procured by corruption, fraud, or other undue
573	573	18.31means; or
574	574	18Sec. 7.
575	575	25-04900 as introduced03/24/25 REVISOR SS/LJ 19.1 (3) the rights of the petitioning party were substantially prejudiced by the misconduct
576	576	19.2of the arbitrator.
577	577	19.3If the commissioner finds that the petitioner has established a prima facie case that any of
578	578	19.4these grounds exist, the commissioner must within ten days vacate the determination of the
579	579	19.5arbitrator and must order the selection and appointment of a new arbitrator under subdivision
580	580	19.64.
581	581	19.7 Subd. 6.Final determinations.(a) The commissioner of labor and industry must review
582	582	19.8and either approve or disapprove:
583	583	19.9 (1) any recommendations negotiated between TNCs and an exclusive representative
584	584	19.10under subdivision 2; and
585	585	19.11 (2) any determination reached by an arbitrator under subdivision 5.
586	586	19.12 (b) In deciding whether to grant approval to the negotiated recommendations or
587	587	19.13determination made by the arbitrator, the commissioner of labor and industry must:
588	588	19.14 (1) consider the factors specified in subdivision 5, paragraph (d), and the state's interest
589	589	19.15in protecting drivers' health and general well-being against unfair competition of wage and
590	590	19.16labor standards that do not promote stable working conditions in the transportation network
591	591	19.17industry;
592	592	19.18 (2) afford the exclusive representative, all TNCs, and all drivers who have completed
593	593	19.19at least 100 trips in the previous quarter, no more than 30 days to submit comments and
594	594	19.20arguments concerning whether approval is warranted; and
595	595	19.21 (3) issue a final determination within 60 days of the deadline for submitting comments.
596	596	19.22 (c) In the event of disapproval, the commissioner of labor and industry may make
597	597	19.23recommendations for amendments to the negotiated recommendations or arbitrator's
598	598	19.24determination that would cause the commissioner of labor and industry to approve and
599	599	19.25afford the parties an opportunity to respond to those recommendations.
600	600	19.26 (d) The commissioner of labor and industry's final determination is an order with
601	601	19.27conclusive effect as to all parties subject to the review process in section 179B.09.
602	602	19.28 (e) The commissioner of labor and industry's final determination must include a date
603	603	19.29following which new recommendations may be set for the bargaining unit through the
604	604	19.30bargaining process set forth in this section. This date must not be more than three years
605	605	19.31following the date of the issuance of the final determination.
606	606	19Sec. 7.
607	607	25-04900 as introduced03/24/25 REVISOR SS/LJ 20.1 (f) If, before the date set in paragraph (e), the commissioner of labor and industry
608	608	20.2determines that market conditions have changed, the commissioner of labor and industry
609	609	20.3must give the exclusive representative, all TNCs, and all drivers who have completed at
610	610	20.4least 100 trips in the previous quarter the opportunity to submit comments and arguments
611	611	20.5concerning whether the final determination should be changed. After receiving those
612	612	20.6comments, the commissioner of labor and industry may change the final determination.
613	613	20.7 Sec. 8. [179B.08] NO EROSION OF MINIMUM STANDARDS.
614	614	20.8 Final determinations under section 179B.07, subdivision 6, do not diminish or erode a
615	615	20.9minimum labor standard that would otherwise apply to a driver.
616	616	20.10Sec. 9. [179B.09] JUDICIAL REVIEW.
617	617	20.11 Subdivision 1.Bureau of Mediation Services.Unless reversed or modified in
618	618	20.12proceedings for enforcement or judicial review as provided in this chapter, final orders of
619	619	20.13the commissioner of the bureau under section 179B.06 are conclusive against: (1) all parties
620	620	20.14to those proceedings; and (2) persons who had an opportunity to be parties to those
621	621	20.15proceedings.
622	622	20.16 Subd. 2.Department of Labor and Industry.Unless reversed or modified in
623	623	20.17proceedings for enforcement or judicial review as provided in this chapter, final orders of
624	624	20.18the commissioner of labor and industry, including final determinations made under section
625	625	20.19179B.07, subdivision 6, are conclusive against: (1) all parties to those proceedings; and (2)
626	626	20.20persons who had an opportunity to be parties to those proceedings.
627	627	20.21 Subd. 3.Not subject to judicial review.Except in a proceeding brought to challenge
628	628	20.22a final order of the commissioner of labor and industry or the commissioner of the bureau,
629	629	20.23the determination of an arbitrator is not subject to judicial review.
630	630	20Sec. 9.
631	631	25-04900 as introduced03/24/25 REVISOR SS/LJ