A bill for an act
relating to state government; permitting legislative employees to obtain elections
for exclusive representation to bargain collectively as to terms of employment;
amending Minnesota Statutes 2022, sections 3.07; 3.09; 43A.18, subdivision 6;
179A.01; 179A.03, subdivision 15, by adding subdivisions; 179A.12, subdivision
4; proposing coding for new law in Minnesota Statutes, chapter 179A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 3.07, is amended to read:
Each house, after its organization, may appoint and at pleasure remove the employees
provided for by its permanent rules or recommended by its Committee on Rulesnew text begin , subject to
terms and conditions of employment under applicable collective bargaining agreementsnew text end .
All officers and employees shall receive the compensation provided by the permanent rules
of the electing or appointing body or recommended by its Committee on Rules. Unless
otherwise expressly provided by law, no officer or employee shall receive any other
compensation for services.
Minnesota Statutes 2022, section 3.09, is amended to read:
The compensation of officers and employees shall be at the rates fixed by the permanent
rules of the electing or appointing body or recommended by its Committee on Rulesnew text begin , subject
to terms and conditions of employment under applicable collective bargaining agreementsnew text end .
Minnesota Statutes 2022, section 43A.18, subdivision 6, is amended to read:
Total compensation plans for
unclassified employees of the legislature and of legislative commissions shall be determined
by the legislature consistent with chapter 3new text begin and consistent with terms and conditions of
employment under applicable collective bargaining agreementsnew text end , provided that insurance
benefits for these employees and for legislators shall be determined by the Legislative
Coordinating Commission, consistent with sections 43A.22 to 43A.30. Total compensation
plans for unclassified employees of the judicial branch shall be determined by the appointing
authority, unless other law provides a different method for establishing this compensation.
Judicial branch compensation plans shall be consistent with sections 43A.22 to 43A.30.
Minnesota Statutes 2022, section 179A.01, is amended to read:
(a) It is the public policy of this state and the purpose of sections 179A.01 to 179A.25
to promote orderly and constructive relationships between all public employers and their
employees. This policy is subject to the paramount right of the citizens of this state to keep
inviolate the guarantees for their health, education, safety, and welfare.
(b) The relationships between the public, public employees, and employer governing
bodies involve responsibilities to the public and a need for cooperation and employment
protection which are different from those found in the private sector. The importance or
necessity of some services to the public can create imbalances in the relative bargaining
power between public employees and employers. As a result, unique approaches to
negotiations and resolutions of disputes between public employees and employers are
necessary.
(c) Unresolved disputes between the public employer and its employees are injurious
to the public as well as to the parties. Adequate means must be established for minimizing
them and providing for their resolution. Within these limitations and considerations, the
legislature has determined that overall policy is best accomplished by:
(1) granting public employees certain rights to organize and choose freely their
representatives;
(2) requiring public employers to meet and negotiate with public employees in an
appropriate bargaining unit and providing that the result of bargaining be in written
agreements; and
(3) establishing special rights, responsibilities, procedures, and limitations regarding
public employment relationships which will provide for the protection of the rights of the
public employee, the public employer, and the public at large.
deleted text begin
(d) Nothing in sections 179A.01 to 179A.25 impairs, modifies, or alters the authority
of the legislature to establish rates of pay, or retirement or other benefits for its employees.
deleted text end
Minnesota Statutes 2022, section 179A.03, is amended by adding a subdivision to
read:
new text begin
"Legislative appointing authority" means:
new text end
new text begin
(1) the secretary of the senate for employees of the senate;
new text end
new text begin
(2) the chief clerk of the house of representatives for employees of the house of
representatives; and
new text end
new text begin
(3) the executive director of the Legislative Coordinating Commission for employees
of the joint legislative offices and commissions, including the Legislative Coordinating
Commission, the Office of the Legislative Auditor, the Office of the Revisor of Statutes,
the Legislative Reference Library, the Legislative Budget Office, Geographic Information
Services, the Legislative-Citizen Commission on Minnesota Resources, the Legislative
Commission on Pensions and Retirement, the Legislative Water Commission, the Mississippi
River Parkway Commission, the Legislative Energy Commission, and the Lessard-Sams
Outdoor Heritage Council.
new text end
Minnesota Statutes 2022, section 179A.03, is amended by adding a subdivision to
read:
new text begin
"Legislative employee" means a public employee
employed by a legislative entity.
new text end
Minnesota Statutes 2022, section 179A.03, is amended by adding a subdivision to
read:
new text begin
"Legislative entity" means any one of the following: the
senate, the house of representatives, the Legislative Coordinating Commission, the Office
of the Legislative Auditor, the Office of the Revisor of Statutes, the Legislative Reference
Library, the Legislative Budget Office, Geographic Information Services, the
Legislative-Citizen Commission on Minnesota Resources, the Legislative Commission on
Pensions and Retirement, the Legislative Water Commission, the Mississippi River Parkway
Commission, the Legislative Energy Commission, or the Lessard-Sams Outdoor Heritage
Council.
new text end
Minnesota Statutes 2022, section 179A.03, subdivision 15, is amended to read:
(a) "Public employer" or "employer" means:
(1) the state of Minnesota for employees of the state not otherwise provided for in this
subdivision or section 179A.10 for executive branch employees;
(2) the Board of Regents of the University of Minnesota for its employees;
(3) the state court administrator for court employees;
(4) new text begin the secretary of the senate for senate employees, the chief clerk of the house of
representatives for employees of the house of representatives, and the executive director of
the Legislative Coordinating Commission for employees of the joint offices and commissions;
new text end
new text begin (5) new text end the state Board of Public Defense for its employees;
deleted text begin (5)deleted text end new text begin (6)new text end Hennepin Healthcare System, Inc.; and
deleted text begin (6)deleted text end new text begin (7)new text end notwithstanding any other law to the contrary, the governing body of a political
subdivision or its agency or instrumentality which has final budgetary approval authority
for its employees. However, the views of elected appointing authorities who have standing
to initiate interest arbitration, and who are responsible for the selection, direction, discipline,
and discharge of individual employees shall be considered by the employer in the course
of the discharge of rights and duties under sections 179A.01 to 179A.25.
(b) When two or more units of government subject to sections 179A.01 to 179A.25
undertake a project or form a new agency under law authorizing common or joint action,
the employer is the governing person or board of the created agency. The governing official
or body of the cooperating governmental units shall be bound by an agreement entered into
by the created agency according to sections 179A.01 to 179A.25.
(c) "Public employer" or "employer" does not include a "charitable hospital" as defined
in section 179.35, subdivision 2, except that a charitable hospital as defined by section
179.35, subdivision 2, is a public employer for purposes of sections 179A.051, 179A.052,
and 179A.13.
(d) Nothing in this subdivision diminishes the authority granted pursuant to law to an
appointing authority with respect to the selection, direction, discipline, or discharge of an
individual employee if this action is consistent with general procedures and standards relating
to selection, direction, discipline, or discharge which are the subject of an agreement entered
into under sections 179A.01 to 179A.25.