Subd. 14.

Public employee or employee.

(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:

(1) elected public officials;

(2) election officers;

(3) commissioned or enlisted personnel of the Minnesota National Guard;

(4) emergency employees who are employed for emergency work caused by natural
disaster;

(5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;

(6) employees whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year; new text begin or new text end (ii) are not working for a
Minnesota school district or charter school; deleted text begin or (iii) are not for more than 100 working days
in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;
deleted text end

(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;

deleted text begin (9) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number
of hours of service per week;
deleted text end

deleted text begin (10)deleted text end new text begin (9)new text end an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

deleted text begin (11)deleted text end new text begin (10)new text end with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees; or

deleted text begin (12)deleted text end new text begin (11)new text end with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) to (7):

(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;

(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), in the same calendar
year and the cumulative number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position"
includes a substantially equivalent position if it is not the same position solely due to a
change in the classification or title of the position;

(3) an early childhood family education teacher employed by a school district; deleted text begin and
deleted text end

(4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universitiesnew text begin or the University of Minnesotanew text end as the instructor of record to teach (i) one class
for more than three credits in a fiscal year, or (ii) two or more credit-bearing classes in a
fiscal yeardeleted text begin .deleted text end new text begin ; and
new text end

new text begin (5) an individual who: (i) is paid by the Board of Regents of the University of Minnesota
for work performed at the direction of the university or any of its employees or contractors;
and (ii) is enrolled in three or more university credit-bearing classes or one semester as a
full-time student or post-doctoral fellow during the fiscal year in which the work is
performed. For purposes of this section, work paid by the university includes but is not
limited to work that is required as a condition of receiving a stipend or tuition benefit,
whether or not the individual also receives educational benefit from performing that work.
Individuals who perform supervisory functions in regard to any of the aforementioned
workers are not considered supervisory employees for the purpose of section 179A.06,
subdivision 2.
new text end

Subdivision 1.

Units.

new text begin (a) new text end The following are deleted text begin thedeleted text end appropriate units of University of
Minnesota employees. All units shall exclude managerial and confidential employees.
deleted text begin Supervisory employees shall only be assigned to unit 13. No additional units of University
of Minnesota employees shall be recognized for the purpose of meeting and negotiating.
deleted text end

(1) The Law Enforcement Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees with
the power of arrest.

(2) The Craft and Trades Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees whose
work requires specialized manual skills and knowledge acquired through formal training
or apprenticeship or equivalent on-the-job training or experience.

(3) The Service, Maintenance, and Labor Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all
employees whose work is typically that of maintenance, service, or labor and which does
not require extensive previous training or experience, except as provided in unit 4.

(4) The Health Care Nonprofessional and Service Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions
of all nonprofessional employees of the University of Minnesota hospitals, dental school,
and health service whose work is unique to those settings, excluding labor and maintenance
employees as defined in unit 3.

(5) The Nursing Professional Unit deleted text begin consists ofdeleted text end new text begin includesnew text end all positions which are required
to be filled by registered nurses.

(6) The Clerical and Office Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees
whose work is typically clerical or secretarial, including nontechnical data recording and
retrieval and general office work, except as provided in unit 4.

(7) The Technical Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees whose work
is not typically manual and which requires specialized knowledge or skills acquired through
two-year academic programs or equivalent experience or on-the-job training, except as
provided in unit 4.

deleted text begin (8) The Twin Cities Instructional Unit consists of the positions of all instructional