A bill for an act
relating to labor; making technical changes to certain Bureau of Mediation Services
provisions; amending Minnesota Statutes 2022, sections 179.01, subdivisions 1,
9, 16; 179.06; 179.08; 179.11; 179.12; 179.254, subdivision 1; 179.256; 179.26;
179.27; 179.35, subdivision 1; 179.40; 179.43; 179A.02; 179A.03, subdivision
17; 179A.06, subdivisions 1, 2, 3; 179A.08, subdivision 2; 179A.10, subdivision
1; 179A.104, subdivision 1; 179A.12, subdivision 1; 179A.15; 179A.16,
subdivisions 1, 7; 179A.18, subdivisions 2, 3; 179A.19, subdivision 6; 179A.20,
subdivision 4; 179A.23; 626.892, subdivision 12; repealing Minnesota Rules, part
5510.0310, subpart 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 179.01, subdivision 1, is amended to read:
Unless the language or context
clearly indicates that a different meaning is intended, the deleted text begin following words,deleted text end termsdeleted text begin , and
phrases, for the purposes of sections 179.01 to 179.17, shall be given the meanings subjoined
to themdeleted text end new text begin defined in this section have the meanings given them for purposes of sections 179.01
to 179.17new text end .
Minnesota Statutes 2022, section 179.01, subdivision 9, is amended to read:
"Lockout" deleted text begin isdeleted text end new text begin meansnew text end the refusal of the employer to furnish work to
employees as a result of a labor dispute.
Minnesota Statutes 2022, section 179.01, subdivision 16, is amended to read:
new text begin (a) new text end "Professional strikebreaker" means any person
who:
deleted text begin (a)deleted text end new text begin (1)new text end makes an offer to an employer at whose place of business a labor dispute is
presently in progress to work as a replacement for an employee or employees involved in
such labor dispute; and
deleted text begin (b)deleted text end new text begin (2)new text end during a period of five years immediately preceding such offer, has, on more
than one occasion, made an offer to employers to work as a temporary employee to personally
replace employees involved in labor disputes.
new text begin (b) new text end For the purposes of this subdivisiondeleted text begin ,deleted text end new text begin :
new text end
new text begin (1) new text end "work" deleted text begin shall meandeleted text end new text begin meansnew text end the rendering of services for wages or other considerationdeleted text begin .
For the purposes of this subdivision,deleted text end new text begin ; and
new text end
new text begin (2) new text end "offer" deleted text begin shall includedeleted text end new text begin includesnew text end arrangements made for or on behalf of employers by
any person.
Minnesota Statutes 2022, section 179.06, is amended to read:
new text begin (a) new text end When any employee, employees, or representative of
employees, or labor organization shall desire to negotiate a collective bargaining agreement,
or make any change in any existing agreement, or shall desire any changes in the rates of
pay, rules or working conditions in any place of employment, it shall give written notice to
the employer of its demand, which notice shall follow the employer if the place of
employment is changed, and it shall thereupon be the duty of the employer and the
representative of employee or labor organization to endeavor in good faith to reach an
agreement respecting such demand. An employer shall give a like notice to employees,
representative, or labor organizations of any intended change in any existing agreement. If
no agreement is reached at the expiration of ten days after service of such notice, any
employees, representative, labor organization, or employer may at any time thereafter
petition the commissioner of mediation services to take jurisdiction of the dispute and it
shall be unlawful for any labor organization or representative to institute or aid in the conduct
of a strike or for an employer to institute a lockout, unless such petition has been served by
the party taking such action upon the commissioner and the other parties to the labor dispute
at least ten days before the strike or lockout becomes effective. Unless the strike or lockout
is commenced within 90 days from the date of service of the petition upon the commissioner,
it shall be unlawful for any of the parties to institute or aid in the conduct of a strike or
lockout without serving a new petition in the manner prescribed for the service of the original
petition, provided that the 90-day period may be extended by written agreement of the
parties filed with the commissioner.
new text begin (b) new text end A petition by the employer shall be signed by the employer or a duly authorized
officer or agent; and a petition by the employees shall be signed by their representative or
its officers, or by the committee selected to negotiate with the employer. In either case the
petition shall be served by delivering it to the commissioner in person or by sending it by
certified mail addressed to the commissioner at the commissioner's office. The petition shall
state briefly the nature of the dispute and the demands of the party who serves it. Upon
receipt of a petition, the commissioner shall fix a time and place for a conference with the
parties to the labor dispute upon the issues involved in the dispute, and shall then take
whatever steps the commissioner deems most expedient to bring about a settlement of the
dispute, including assisting in negotiating and drafting a settlement agreement. It shall be
the duty of all parties to a labor dispute to respond to the summons of the commissioner for
joint or several conferences with the commissioner and to continue in such conference until
excused by the commissioner, not beyond the ten-day period heretofore prescribed except
by mutual consent of the parties.
The commissioner may at the request of
either party to a labor dispute render assistance in settling the dispute without the necessity
of filing the formal petition deleted text begin referred to indeleted text end new text begin undernew text end subdivision 1. If the commissioner takes
jurisdiction of the dispute as a result of such a request, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end then
proceed deleted text begin as provided indeleted text end new text begin according tonew text end subdivision 1.
Minnesota Statutes 2022, section 179.08, is amended to read:
(a) The commission appointed by the commissioner pursuant to the provisions of section
179.07 shall have the power to issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence which relates to any matter involved in any such
hearing, and may by its chair administer oaths and affirmations, and may examine witnesses.
Such attendance of witnesses and the production of such evidence may be required from
any place in the state at any designated place of hearing, but whenever practical hearings
shall be held in a county where the labor dispute has arisen or exists.
(b) In case of contumacy or refusal to obey a subpoena issued under paragraph (a), the
district court of the state for the county where the proceeding is pending or in which the
person guilty of such contumacy or refusal to obey is found, or resides, or transacts business,
or application by the commission shall have jurisdiction to issue to such person an order
requiring such person to appear before the commission, there to produce evidence as so
ordered, or there to give testimony touching the matter under investigation or in question,
and any failure to obey such order of the court may be punished by the court as a contempt
thereof.
(c) Any party to or party affected by the dispute may appear before the commission in
person or by attorney or by their representative, and shall have the right to offer competent
evidence and to be heard on the issues before the report of the commission is made.
new text begin (d) new text end Any deleted text begin commissioners so appointed shalldeleted text end new text begin commission members appointed under section
179.07 mustnew text end be paid a per diem allowance not to exceed that established for arbitrators in
section 179A.16, subdivision 8, and their necessary expenses while serving.
Minnesota Statutes 2022, section 179.11, is amended to read:
new text begin (a) new text end It deleted text begin shall bedeleted text end new text begin isnew text end an unfair labor practice:
(1) for any employee or labor organization to institute a strike if such strike is a violation
of any valid collective agreement between any employer and its employees or labor
organization and the employer is, at the time, in good faith complying with the provisions
of the agreement, or to violate the terms and conditions of such bargaining agreement;
(2) for any employee or labor organization to institute a strike if the calling of such strike
is in violation of sections 179.06 or 179.07;
(3) for any person to seize or occupy property unlawfully during the existence of a labor
dispute;
(4) for any person to picket or cause to be picketed a place of employment of which
place the person is not an employee while a strike is in progress affecting the place of
employment, unless the majority of persons engaged in picketing the place of employment
at these times are employees of the place of employment;
(5) for more than one person to picket or cause to be picketed a single entrance to any
place of employment where no strike is in progr