Bill Text: MN HF950 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Family child care providers and home and community-based long-term care services collective bargaining authorized, funding provided, and money appropriated.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2013-05-16 - HF indefinitely postponed [HF950 Detail]
Download: Minnesota-2013-HF950-Engrossed.html
Bill Title: Family child care providers and home and community-based long-term care services collective bargaining authorized, funding provided, and money appropriated.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2013-05-16 - HF indefinitely postponed [HF950 Detail]
Download: Minnesota-2013-HF950-Engrossed.html
1.2relating to collective bargaining; authorizing collective bargaining for family
1.3child care providers;proposing coding for new law in Minnesota Statutes,
1.4chapter 179A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE
1.7PROVIDERS.
1.8Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
1.9Representation Act.
1.10 Sec. 2. [179A.51] DEFINITIONS.
1.11 Subdivision 1. Scope. For the purposes of sections 179A.50 to 179A.52, the terms
1.12in this section have the meanings given them.
1.13 Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.14services.
1.15 Subd. 3. Exclusive representative. "Exclusive representative" means a labor
1.16organization that has been elected and certified under section 179A.52, thereby maintaining
1.17the right to represent family child care providers in their relations with the state.
1.18 Subd. 4. Family child care provider. "Family child care provider" means an
1.19individual, either licensed or unlicensed, who provides legal child care services as defined
1.20under section 245A.03, except for providers licensed under Minnesota Rules, chapter
1.219503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
1.22clause (5), and who provides child care assistance services under chapter 119B.
2.1 Subd. 5. Labor organization. "Labor organization" means an organization that has
2.2as its primary purpose the representation of public service providers in their relations with
2.3the state and other public entities.
2.4 Subd. 6. State. "State" means the state of Minnesota.
2.5 Sec. 3. [179A.52] RIGHT TO ORGANIZE.
2.6 Subdivision 1. Right to organize; limitations. Family child care providers shall
2.7have the right to form, join, and participate in the activities of labor organizations of their
2.8own choosing for the purpose of representation and meeting and negotiating with the
2.9state. Section 179A.22 applies to family child care providers except as otherwise provided
2.10in this section. Family child care providers have the rights and obligations of public
2.11employees solely for purposes related to meeting and negotiating on issues specifically set
2.12forth in subdivision 4, paragraph (c), and purposes related to meeting and conferring as
2.13provided in this section. This section does not grant family child care providers status as
2.14public employees for any purpose other than use of chapter 179A procedures for the right
2.15to organize, mediate, and negotiate related to the issues in subdivision 4, paragraph (c),
2.16and to meet and confer as set forth in this section. This chapter applies to the relations
2.17between the state, the exclusive representative, and family child care providers only for
2.18purposes described in this section. Family child care providers have the same rights to
2.19interest arbitration provided under section 179A.16, subdivision 2, to essential employees.
2.20Family child care providers do not have the right to strike.
2.21 Subd. 2. Statewide unit. Notwithstanding any other law to the contrary, the only
2.22bargaining unit under this section shall be a statewide unit of all family child care providers.
2.23 Subd. 3. Certification; process. For the purposes of determining certification
2.24under section 179A.12, the commissioner shall utilize a list of family child care providers
2.25compiled by the commissioner of human services over the most recent 12-month period.
2.26The commissioner shall conduct a certification election by mail ballot pursuant to the
2.27procedures in this chapter.
2.28 Subd. 4. Meet and negotiate; meet and confer. (a) If the commissioner certifies
2.29a labor organization as the majority exclusive representative, the state, through the
2.30commissioner of management and budget, shall meet and negotiate in good faith with the
2.31exclusive representative of the family child care unit regarding issues set forth in paragraph
2.32(c), but this obligation does not compel the state or its representatives to agree to a proposal
2.33or require the making of a concession. The commissioner of management and budget is
2.34authorized to enter into agreements with the exclusive representative on issues specified in
3.1paragraph (c). Negotiated agreements and arbitration decisions must be submitted to the
3.2legislature to be accepted or rejected in accordance with sections 3.855 and 179A.22.
3.3(b) The state has an obligation to meet and confer under chapter 179A with family
3.4child care providers to discuss policies and other matters relating to their working
3.5conditions.
3.6(c) The commissioner of management and budget shall meet and negotiate with the
3.7exclusive representative on the following issues:
3.8(1) child care assistance reimbursement rates under chapter 119B;
3.9(2) fringe benefits, but not retirement contributions or benefits, and not other benefits
3.10to be paid when a person is no longer a family child care provider; and
3.11(3) grievance procedures regarding matters in clauses (1) and (2).
3.12(d) Any portion of a negotiated or arbitrated agreement that would require a change
3.13in statute or rule may not take effect until the statute or rule is changed in a manner that
3.14would make the agreement comply with the statute or rule.
3.15 Subd. 5. Exemption; federal law. In affording family child care providers the right
3.16to engage in collective action, select a representative, and jointly engage in discussions
3.17with the state under the terms of this section, the state intends that the "state action"
3.18exemption from federal antitrust laws be fully available to the state, based on the state's
3.19active supervision of family child care providers to improve the quality, accessibility, and
3.20affordability of early childhood education services in the state.
3.21 Subd. 6. Rights. Nothing in this section shall be construed to interfere with:
3.22(1) parental rights to select and deselect family child care providers or the ability of
3.23family child care providers to establish the rates they charge to parents;
3.24(2) the right or obligation of any state agency to communicate or meet with any
3.25citizen, including another family child care provider, or organization concerning family
3.26child care legislation, regulation, or policy on any issue that is not specified in subdivision
3.274, paragraph (c); or
3.28(3) the rights and responsibilities of family child care providers under federal law.
3.29 Subd. 7. Severability. Should any part of this act be declared invalid or
3.30unenforceable, or the enforcement or compliance with it is suspended, restrained, or
3.31barred, either by the state or by the final judgment of a court of competent jurisdiction, the
3.32remainder of this act shall remain in full force and effect.
3.33EFFECTIVE DATE.This section is effective the day following final enactment.
1.3child care providers;proposing coding for new law in Minnesota Statutes,
1.4chapter 179A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE
1.7PROVIDERS.
1.8Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
1.9Representation Act.
1.10 Sec. 2. [179A.51] DEFINITIONS.
1.11 Subdivision 1. Scope. For the purposes of sections 179A.50 to 179A.52, the terms
1.12in this section have the meanings given them.
1.13 Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.14services.
1.15 Subd. 3. Exclusive representative. "Exclusive representative" means a labor
1.16organization that has been elected and certified under section 179A.52, thereby maintaining
1.17the right to represent family child care providers in their relations with the state.
1.18 Subd. 4. Family child care provider. "Family child care provider" means an
1.19individual, either licensed or unlicensed, who provides legal child care services as defined
1.20under section 245A.03, except for providers licensed under Minnesota Rules, chapter
1.219503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
1.22clause (5), and who provides child care assistance services under chapter 119B.
2.1 Subd. 5. Labor organization. "Labor organization" means an organization that has
2.2as its primary purpose the representation of public service providers in their relations with
2.3the state and other public entities.
2.4 Subd. 6. State. "State" means the state of Minnesota.
2.5 Sec. 3. [179A.52] RIGHT TO ORGANIZE.
2.6 Subdivision 1. Right to organize; limitations. Family child care providers shall
2.7have the right to form, join, and participate in the activities of labor organizations of their
2.8own choosing for the purpose of representation and meeting and negotiating with the
2.9state. Section 179A.22 applies to family child care providers except as otherwise provided
2.10in this section. Family child care providers have the rights and obligations of public
2.11employees solely for purposes related to meeting and negotiating on issues specifically set
2.12forth in subdivision 4, paragraph (c), and purposes related to meeting and conferring as
2.13provided in this section. This section does not grant family child care providers status as
2.14public employees for any purpose other than use of chapter 179A procedures for the right
2.15to organize, mediate, and negotiate related to the issues in subdivision 4, paragraph (c),
2.16and to meet and confer as set forth in this section. This chapter applies to the relations
2.17between the state, the exclusive representative, and family child care providers only for
2.18purposes described in this section. Family child care providers have the same rights to
2.19interest arbitration provided under section 179A.16, subdivision 2, to essential employees.
2.20Family child care providers do not have the right to strike.
2.21 Subd. 2. Statewide unit. Notwithstanding any other law to the contrary, the only
2.22bargaining unit under this section shall be a statewide unit of all family child care providers.
2.23 Subd. 3. Certification; process. For the purposes of determining certification
2.24under section 179A.12, the commissioner shall utilize a list of family child care providers
2.25compiled by the commissioner of human services over the most recent 12-month period.
2.26The commissioner shall conduct a certification election by mail ballot pursuant to the
2.27procedures in this chapter.
2.28 Subd. 4. Meet and negotiate; meet and confer. (a) If the commissioner certifies
2.29a labor organization as the majority exclusive representative, the state, through the
2.30commissioner of management and budget, shall meet and negotiate in good faith with the
2.31exclusive representative of the family child care unit regarding issues set forth in paragraph
2.32(c), but this obligation does not compel the state or its representatives to agree to a proposal
2.33or require the making of a concession. The commissioner of management and budget is
2.34authorized to enter into agreements with the exclusive representative on issues specified in
3.1paragraph (c). Negotiated agreements and arbitration decisions must be submitted to the
3.2legislature to be accepted or rejected in accordance with sections 3.855 and 179A.22.
3.3(b) The state has an obligation to meet and confer under chapter 179A with family
3.4child care providers to discuss policies and other matters relating to their working
3.5conditions.
3.6(c) The commissioner of management and budget shall meet and negotiate with the
3.7exclusive representative on the following issues:
3.8(1) child care assistance reimbursement rates under chapter 119B;
3.9(2) fringe benefits, but not retirement contributions or benefits, and not other benefits
3.10to be paid when a person is no longer a family child care provider; and
3.11(3) grievance procedures regarding matters in clauses (1) and (2).
3.12(d) Any portion of a negotiated or arbitrated agreement that would require a change
3.13in statute or rule may not take effect until the statute or rule is changed in a manner that
3.14would make the agreement comply with the statute or rule.
3.15 Subd. 5. Exemption; federal law. In affording family child care providers the right
3.16to engage in collective action, select a representative, and jointly engage in discussions
3.17with the state under the terms of this section, the state intends that the "state action"
3.18exemption from federal antitrust laws be fully available to the state, based on the state's
3.19active supervision of family child care providers to improve the quality, accessibility, and
3.20affordability of early childhood education services in the state.
3.21 Subd. 6. Rights. Nothing in this section shall be construed to interfere with:
3.22(1) parental rights to select and deselect family child care providers or the ability of
3.23family child care providers to establish the rates they charge to parents;
3.24(2) the right or obligation of any state agency to communicate or meet with any
3.25citizen, including another family child care provider, or organization concerning family
3.26child care legislation, regulation, or policy on any issue that is not specified in subdivision
3.274, paragraph (c); or
3.28(3) the rights and responsibilities of family child care providers under federal law.
3.29 Subd. 7. Severability. Should any part of this act be declared invalid or
3.30unenforceable, or the enforcement or compliance with it is suspended, restrained, or
3.31barred, either by the state or by the final judgment of a court of competent jurisdiction, the
3.32remainder of this act shall remain in full force and effect.
3.33EFFECTIVE DATE.This section is effective the day following final enactment.
