Bill Text: MN SF2490 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Public employment joint powers agreement employee protections authorization
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 223 05/09/14 [SF2490 Detail]
Download: Minnesota-2013-SF2490-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 purposes of this section, "entity" means an operating
1.7organization, established by agreement of two or more governmental units for the joint
1.8exercise of governmental powers, that has its own governing board with the authority to
1.9hire its own employees. For purposes of this section, entity does not include service
1.10delivery authorities created under section 402A.35.
1.11 Subd. 2. Application. Notwithstanding the provisions of section 179A.12 or
1.12any other law, this section governs the initial certification and decertification, if any, of
1.13exclusive representatives for an entity. Employees of an entity are public employees and
1.14joint powers entities are public employers under section 179A.03. After initial certification
1.15and decertification, if any, as provided in this section, this section does not apply.
1.16 Subd. 3. Determination of appropriate bargaining unit. For purposes of
1.17determining an appropriate unit, employees hired by, assigned to, or transferred to the
1.18joint powers entity shall be presumed to be the appropriate unit for all employees of the
1.19newly created joint powers entity, unless the commissioner determines it inappropriate
1.20under the standards established in section 179A.09. The commissioner may also approve
1.21an alternative bargaining unit structure agreed upon by all parties. The determination
1.22shall take effect as soon as practicable after filing of a petition, but not later than the date
1.23the joint powers entity is formally created.
2.1 Subd. 4. Transition to new bargaining units and certification of exclusive
2.2representatives. In certification of exclusive representatives for appropriate units of
2.3employees of newly created joint powers entities, the commissioner shall use the criterion
2.4set forth in section 179A.102.
2.5 Subd. 5. Early unit determination and exclusive representative certification.
2.6(a) Prior to the effective date of an agreement creating an entity, the commissioner may
2.7resolve questions of appropriate unit determination and provide for the certification of
2.8exclusive representatives if:
2.9(1) all the governmental units creating the entity pass a resolution requesting the
2.10commissioner to do so; and
2.11(2) the affected exclusive representatives agree.
2.12(b) A new collective bargaining agreement may be negotiated under subdivision
2.137 prior to the effective date of an agreement creating an entity, so long as the collective
2.14bargaining agreement is approved by all of the governmental units creating the entity.
2.15 Subd. 6. Interim collective bargaining agreements. (a) This subdivision only
2.16applies if an exclusive representative is certified under subdivision 4.
2.17(b) Until a successor contract is executed between the new joint powers entity and
2.18the exclusive representative of its employees, the board of the joint powers entity and the
2.19exclusive representatives of the employees may agree:
2.20(1) to comply with the contract with the member of the entity that employed the
2.21largest portion of the new employees who are assigned to the new joint powers entity with
2.22respect to all of the employees assigned to the new joint powers entity; or
2.23(2) that each of the contracts shall apply to the employees previously subject to
2.24the respective contract.
2.25(c) In the absence of an agreement according to paragraph (b), each of the contracts
2.26shall apply to the employees previously subject to the respective contract and shall be
2.27binding on the new joint powers entity.
2.28 Subd. 7. Contract negotiations and administration. The exclusive representative
2.29of employees of a new joint powers entity shall upon certification be responsible to
2.30negotiate a new collective bargaining agreement, file grievances, and otherwise administer
2.31the prior collective bargaining agreement until a new collective bargaining agreement is
2.32agreed to, and to receive dues or fair-share fees.
2.33 Subd. 8. Investigation and discipline. If an employee who is transferred from the
2.34employment of a member to the employment of a joint powers entity is under investigation
2.35by the member of the entity at the time of the transfer and would be subject to discipline
2.36by the member of the entity, the new joint powers entity may discipline the employee for
3.1just cause, and the employee's union may file a grievance under the collective bargaining
3.2agreement the employee was covered by as an employee of a member of the entity or the
3.3new collective bargaining agreement after it is agreed to.
3.4 Subd. 9. Employee personnel files. The governmental units creating an entity may
3.5provide the new entity with access to private and confidential data relating to employees
3.6of the governmental units who become employees of the entity.
3.7 Subd. 10. Seniority. Upon creation of a new entity, seniority shall be based on the
3.8employee's continuous service with a member of the entity and the employee's service
3.9with the entity.
3.10 Subd. 11. Layoffs and recalls. Layoffs and recalls shall be based on seniority as
3.11defined herein. Recall rights shall continue to apply until a new collective bargaining
3.12agreement is agreed to by the parties.
3.13 Subd. 12. Decertification. The commissioner may not consider a petition for
3.14decertification of an exclusive representative certified under this section for one year
3.15after certification. After that time, a petition must be considered under the provisions
3.16of section 179A.12.
3.17EFFECTIVE DATE.This section is effective for entities established on or after
3.18January 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 purposes of this section, "entity" means an operating
1.7organization, established by agreement of two or more governmental units for the joint
1.8exercise of governmental powers, that has its own governing board with the authority to
1.9hire its own employees. For purposes of this section, entity does not include service
1.10delivery authorities created under section 402A.35.
1.11 Subd. 2. Application. Notwithstanding the provisions of section 179A.12 or
1.12any other law, this section governs the initial certification and decertification, if any, of
1.13exclusive representatives for an entity. Employees of an entity are public employees and
1.14joint powers entities are public employers under section 179A.03. After initial certification
1.15and decertification, if any, as provided in this section, this section does not apply.
1.16 Subd. 3. Determination of appropriate bargaining unit. For purposes of
1.17determining an appropriate unit, employees hired by, assigned to, or transferred to the
1.18joint powers entity shall be presumed to be the appropriate unit for all employees of the
1.19newly created joint powers entity, unless the commissioner determines it inappropriate
1.20under the standards established in section 179A.09. The commissioner may also approve
1.21an alternative bargaining unit structure agreed upon by all parties. The determination
1.22shall take effect as soon as practicable after filing of a petition, but not later than the date
1.23the joint powers entity is formally created.
2.1 Subd. 4. Transition to new bargaining units and certification of exclusive
2.2representatives. In certification of exclusive representatives for appropriate units of
2.3employees of newly created joint powers entities, the commissioner shall use the criterion
2.4set forth in section 179A.102.
2.5 Subd. 5. Early unit determination and exclusive representative certification.
2.6(a) Prior to the effective date of an agreement creating an entity, the commissioner may
2.7resolve questions of appropriate unit determination and provide for the certification of
2.8exclusive representatives if:
2.9(1) all the governmental units creating the entity pass a resolution requesting the
2.10commissioner to do so; and
2.11(2) the affected exclusive representatives agree.
2.12(b) A new collective bargaining agreement may be negotiated under subdivision
2.137 prior to the effective date of an agreement creating an entity, so long as the collective
2.14bargaining agreement is approved by all of the governmental units creating the entity.
2.15 Subd. 6. Interim collective bargaining agreements. (a) This subdivision only
2.16applies if an exclusive representative is certified under subdivision 4.
2.17(b) Until a successor contract is executed between the new joint powers entity and
2.18the exclusive representative of its employees, the board of the joint powers entity and the
2.19exclusive representatives of the employees may agree:
2.20(1) to comply with the contract with the member of the entity that employed the
2.21largest portion of the new employees who are assigned to the new joint powers entity with
2.22respect to all of the employees assigned to the new joint powers entity; or
2.23(2) that each of the contracts shall apply to the employees previously subject to
2.24the respective contract.
2.25(c) In the absence of an agreement according to paragraph (b), each of the contracts
2.26shall apply to the employees previously subject to the respective contract and shall be
2.27binding on the new joint powers entity.
2.28 Subd. 7. Contract negotiations and administration. The exclusive representative
2.29of employees of a new joint powers entity shall upon certification be responsible to
2.30negotiate a new collective bargaining agreement, file grievances, and otherwise administer
2.31the prior collective bargaining agreement until a new collective bargaining agreement is
2.32agreed to, and to receive dues or fair-share fees.
2.33 Subd. 8. Investigation and discipline. If an employee who is transferred from the
2.34employment of a member to the employment of a joint powers entity is under investigation
2.35by the member of the entity at the time of the transfer and would be subject to discipline
2.36by the member of the entity, the new joint powers entity may discipline the employee for
3.1just cause, and the employee's union may file a grievance under the collective bargaining
3.2agreement the employee was covered by as an employee of a member of the entity or the
3.3new collective bargaining agreement after it is agreed to.
3.4 Subd. 9. Employee personnel files. The governmental units creating an entity may
3.5provide the new entity with access to private and confidential data relating to employees
3.6of the governmental units who become employees of the entity.
3.7 Subd. 10. Seniority. Upon creation of a new entity, seniority shall be based on the
3.8employee's continuous service with a member of the entity and the employee's service
3.9with the entity.
3.10 Subd. 11. Layoffs and recalls. Layoffs and recalls shall be based on seniority as
3.11defined herein. Recall rights shall continue to apply until a new collective bargaining
3.12agreement is agreed to by the parties.
3.13 Subd. 12. Decertification. The commissioner may not consider a petition for
3.14decertification of an exclusive representative certified under this section for one year
3.15after certification. After that time, a petition must be considered under the provisions
3.16of section 179A.12.
3.17EFFECTIVE DATE.This section is effective for entities established on or after
3.18January 15, 2015.
