Bill Text: MN HF2939 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Employee protections provided in joint powers agreements.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-05-07 - Author added Murphy, M. [HF2939 Detail]
Download: Minnesota-2013-HF2939-Engrossed.html
1.2relating to labor and employment; providing employee protections in joint powers
1.3agreements;proposing coding for new law in Minnesota Statutes, chapter 179A.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [179A.60] JOINT POWERS AGREEMENTS.
1.6 Subdivision 1. Definition. For the purposes of this section, "entity" means any
1.7organization, except for service delivery authorities created under section 402A.35, acting
1.8on behalf of two or more home rule charter or statutory cities, school districts, counties,
1.9or other governmental units or boards under any law providing for joint and cooperative
1.10action between governmental units or bodies. Governmental units that form an entity
1.11are members of the entity.
1.12 Subd. 2. Application. Notwithstanding the provisions of section 179A.12 or
1.13any other law, this section governs the initial certification and decertification, if any, of
1.14exclusive representatives for an entity. Employees of an entity are public employees and
1.15joint powers entities are public employers under section 179A.03.
1.16 Subd. 3. Certification and decertification. The commissioner of the Bureau of
1.17Mediation Services shall follow the process in section 179A.102, subdivisions 1 to 4, in
1.18determining the initial certification and decertification, if any, of exclusive representatives
1.19for an appropriate unit of employees of a newly formed joint powers entity.
1.20 Subd. 4. Existing collective bargaining agreements. The terms and conditions of
1.21collective bargaining agreements covering employees of members of the new joint powers
1.22entity prior to their employment by the joint powers entity shall govern the employment of
1.23employees who become employees of a joint powers entity until a successor agreement
1.24becomes effective after the formation of the joint powers entity, and shall be enforced by
2.1the exclusive representative certified to represent the entity member's employees until a
2.2new exclusive representative is certified.
2.3 Subd. 5. Contract negotiations and administration. The exclusive representative
2.4of employees of a new joint powers entity shall upon certification be responsible to
2.5negotiate a new collective bargaining agreement, file grievances, and otherwise administer
2.6the prior collective bargaining agreement until a new collective bargaining agreement is
2.7agreed to, and to receive dues or fair share fees.
2.8 Subd. 6. Investigation and discipline. If an employee who is transferred from the
2.9employment of a member to the employment of a joint powers entity is under investigation
2.10by the member of the entity at the time of the transfer and would be subject to discipline
2.11by the member of the entity, the new joint powers entity may discipline the employee for
2.12just cause and the employee's union may file a grievance under the collective bargaining
2.13agreement the employee was covered by as an employee of a member of the entity, or the
2.14new collective bargaining agreement after it is agreed to.
2.15 Subd. 7. Entity not created. Notwithstanding this section, a contract between two
2.16local government units does not create a joint powers entity under this section, if under the
2.17contract, no employee's employment is terminated and employees continue to work for the
2.18same employer, continue to be covered by the same collective bargaining agreement, and
2.19continue to do the same or similar work.
2.20 Subd. 8. Employee personnel files. A new entity shall be entitled to receive from a
2.21member of the entity, at no charge, copies of all public data maintained by the member
2.22regarding all employees of the member who become employees of the entity.
2.23 Subd. 9. Seniority. Upon creation of a new entity, seniority shall be based on the
2.24employee's continuous service with a member of the entity and the employee's service
2.25with the entity.
2.26 Subd. 10. Layoffs and recalls. Layoffs and recalls shall be based on seniority as
2.27defined herein. Recall rights shall continue to apply until a new collective bargaining
2.28agreement is agreed to by the parties.
2.29EFFECTIVE DATE.This section is effective January 15, 2015.
1.3agreements;proposing coding for new law in Minnesota Statutes, chapter 179A.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [179A.60] JOINT POWERS AGREEMENTS.
1.6 Subdivision 1. Definition. For the purposes of this section, "entity" means any
1.7organization, except for service delivery authorities created under section 402A.35, acting
1.8on behalf of two or more home rule charter or statutory cities, school districts, counties,
1.9or other governmental units or boards under any law providing for joint and cooperative
1.10action between governmental units or bodies. Governmental units that form an entity
1.11are members of the entity.
1.12 Subd. 2. Application. Notwithstanding the provisions of section 179A.12 or
1.13any other law, this section governs the initial certification and decertification, if any, of
1.14exclusive representatives for an entity. Employees of an entity are public employees and
1.15joint powers entities are public employers under section 179A.03.
1.16 Subd. 3. Certification and decertification. The commissioner of the Bureau of
1.17Mediation Services shall follow the process in section 179A.102, subdivisions 1 to 4, in
1.18determining the initial certification and decertification, if any, of exclusive representatives
1.19for an appropriate unit of employees of a newly formed joint powers entity.
1.20 Subd. 4. Existing collective bargaining agreements. The terms and conditions of
1.21collective bargaining agreements covering employees of members of the new joint powers
1.22entity prior to their employment by the joint powers entity shall govern the employment of
1.23employees who become employees of a joint powers entity until a successor agreement
1.24becomes effective after the formation of the joint powers entity, and shall be enforced by
2.1the exclusive representative certified to represent the entity member's employees until a
2.2new exclusive representative is certified.
2.3 Subd. 5. Contract negotiations and administration. The exclusive representative
2.4of employees of a new joint powers entity shall upon certification be responsible to
2.5negotiate a new collective bargaining agreement, file grievances, and otherwise administer
2.6the prior collective bargaining agreement until a new collective bargaining agreement is
2.7agreed to, and to receive dues or fair share fees.
2.8 Subd. 6. Investigation and discipline. If an employee who is transferred from the
2.9employment of a member to the employment of a joint powers entity is under investigation
2.10by the member of the entity at the time of the transfer and would be subject to discipline
2.11by the member of the entity, the new joint powers entity may discipline the employee for
2.12just cause and the employee's union may file a grievance under the collective bargaining
2.13agreement the employee was covered by as an employee of a member of the entity, or the
2.14new collective bargaining agreement after it is agreed to.
2.15 Subd. 7. Entity not created. Notwithstanding this section, a contract between two
2.16local government units does not create a joint powers entity under this section, if under the
2.17contract, no employee's employment is terminated and employees continue to work for the
2.18same employer, continue to be covered by the same collective bargaining agreement, and
2.19continue to do the same or similar work.
2.20 Subd. 8. Employee personnel files. A new entity shall be entitled to receive from a
2.21member of the entity, at no charge, copies of all public data maintained by the member
2.22regarding all employees of the member who become employees of the entity.
2.23 Subd. 9. Seniority. Upon creation of a new entity, seniority shall be based on the
2.24employee's continuous service with a member of the entity and the employee's service
2.25with the entity.
2.26 Subd. 10. Layoffs and recalls. Layoffs and recalls shall be based on seniority as
2.27defined herein. Recall rights shall continue to apply until a new collective bargaining
2.28agreement is agreed to by the parties.
2.29EFFECTIVE DATE.This section is effective January 15, 2015.
