A bill for an act
relating to labor relations; modifying public labor relations; amending Minnesota
Statutes 2020, sections 13.43, subdivision 6; 179A.06, subdivision 6, by adding a
subdivision; 179A.07, by adding subdivisions; 572B.17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 13.43, subdivision 6, is amended to read:
new text begin(a) new text endPersonnel data may be disseminated to
labor organizations to the extent that the responsible authority determines that the
dissemination is necessary to conduct elections, notify employees of fair share fee
assessments, and implement the provisions of chapters 179 and 179A. Personnel data shall
be disseminated to labor organizations and to the Bureau of Mediation Services to the extent
the dissemination is ordered or authorized by the commissioner of the Bureau of Mediation
Services.new text begin Personnel data described under section 179A.07, subdivisions 8 and 9, must be
disseminated to an exclusive representative under the terms of those subdivisions.
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(b) The home addresses, phone numbers, e-mail addresses, dates of birth, negotiation
units and groupings of employees, and e-mails or other communications between employee
organizations and their members, prospective members, and nonmembers, are private data
on individuals.
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Minnesota Statutes 2020, section 179A.06, subdivision 6, is amended to read:
new text begin(a) new text endPublic employees have the
right to request and be allowed dues checkoff for the exclusive representative. In the absence
of an exclusive representative, public employees have the right to request and be allowed
dues checkoff for the organization of their choice.
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(b) Employees of a public employer have the right to authorize deductions, in the manner
described in section 179A.07, subdivision 10, from their salaries or wages from a public
employer for the payment of dues in, or for services from, any organization with membership
consisting, in whole or in part, of public employees of the public employer.
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(c) An authorization by a public employee under this section remains in effect until the
public employee changes or cancels the authorization in a manner specified in the original
authorizing document and the change or cancellation is communicated to the public employer
pursuant to section 179A.07, subdivision 10.
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(d) Any request to cancel or change deductions under this subdivision must be made to
the employee organization.
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(e) A public employee's deduction authorization under this section is independent from
the employee's membership status in the organization to which payment is remitted and is
effective regardless of whether a collective bargaining agreement authorizes the deduction.
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Minnesota Statutes 2020, section 179A.06, is amended by adding a subdivision to
read:
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(a) A public employer, a labor organization, or any of its employees
or agents, shall not be liable for and shall have a complete defense to claims or actions under
the laws of this state for requiring, deducting, receiving, or retaining agency or fair share
fees from public employees, and current or former public employees shall not have standing
to pursue these claims or actions if the fees were permitted at the time under the laws of
this state then in force and paid, through payroll deduction or otherwise, prior to June 27,
2018.
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(b) This subdivision applies to claims and actions pending on its effective date and to
claims and actions filed on or after that date.
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(c) The enactment of this subdivision shall not be interpreted to create the inference that
any relief made unavailable by this section would otherwise be available.
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(d) The legislature finds and declares:
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(1) application of this subdivision to pending claims and actions clarifies existing state
law rather than changes it. Public employees who paid agency or fair share fees as a condition
of public employment according to state law and supreme court precedent prior to June 27,
2018, had no legitimate expectation of receiving the money under any available cause of
action. Public employers and employee organizations who relied on and abided by state
law and supreme court precedent in deducting and accepting those fees were not liable to
refund them or any agency or fair share fees paid for collective bargaining representation
that employee organizations were obligated by state law to provide to public employees.
Application of this subdivision to pending claims will preserve, rather than interfere with,
important reliance interests; and
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(2) this subdivision is necessary to provide certainty to public employers and employee
organizations that relied on state law and to avoid disruption of public employee labor
relations.
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This section is effective the day following final enactment.
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Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read:
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(a) A public employer must provide access to the
following to an exclusive representative with respect to members in the represented
bargaining unit:
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(1) the right to meet with bargaining unit members on the premises of the public employer
during the work day to investigate and discuss grievances and other workplace issues;
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(2) the right to conduct worksite meetings on the public employer's premises during
lunch and other breaks or before and after the workday, to discuss workplace issues, collective
negotiations, the administration of collective negotiations agreements, other matters related
to the duties of an exclusive representative employee organization, and internal union matters
involving the governance or business of the exclusive representative employee organization;
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(3) the right to meet with newly hired employees without charge to the pay or leave time
of the employees for a minimum of 30 minutes within 30 calendar days from the date of
hire during new employee orientation or, if the employer does not conduct new employee
orientation, at an individual or group meeting; and
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(4) the right for an exclusive representative employee organization to use the e-mail
systems of public employers to communicate with negotiations unit members regarding
collective negotiations, the administration of collective negotiations agreements, the
investigation of grievances, other workplace-related complaints and issues, and internal
union matters involving the governance or business of the union.
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(b) Exclusive representative employee organizations shall have the right to use
government buildings and other facilities that are owned or leased by government entities
to conduct meetings with their unit members regarding collective negotiations, the
administration of collective negotiations agreements, the investigation of grievances, other
workplace-related complaints and issues, and internal union matters involving the governance
or business of the union, provided the use does not interfere with governmental operations.
Meetings conducted in government buildings pursuant to this section shall not be for the
purpose of supporting or opposing any candidate for partisan political office or for the
purpose of distributing literature or information regarding partisan elections. An exclusive
representative employee organization conducting a meeting in a government building or
other government facility pursuant to this section may be charged for maintenance, security,
and other costs related to the use of the government building or facility that would not
otherwise be incurred by the government entity.
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Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read:
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Within ten calendar days from the date of hire
of negotiations unit employees, a public employer shall provide the following contact
information to an exclusive representative employee organization in an Excel file format
or other format agreed to by the exclusive representative employee organization: name; job
title; worksite location; home address; work, home, and personal cellular telephone numbers;
date of hire; and work e-mail address and any personal e-mail address on file with the public
employer. Every 120 calendar days beginning on January 1 following the effective date of
this act, public employers shall provide exclusive representative employee organizations,
in an Excel file format or similar format agreed to by the employee organization, the
following information for all negotiations unit employees: name; job title; worksite location;
home address; work, home, and personal cellular telephone numbers; date of hire; and work
e-mail address and personal e-mail address on file with the public employer.
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Minnesota Statutes 2020, section 179A.07, is amended by adding a subdivision to
read: