Bill Text: MN HF2203 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Public employee fair share fee modified, and dues checkoffs prohibited.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-03-07 - Author added Kieffer [HF2203 Detail]
Download: Minnesota-2011-HF2203-Introduced.html
1.2relating to labor; modifying the public employee fair share fee; prohibiting dues
1.3check offs;amending Minnesota Statutes 2010, sections 179A.06, subdivisions
1.43, 6; 179A.102, subdivisions 3, 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 179A.06, subdivision 3, is amended to
1.7read:
1.8 Subd. 3. Fair share fee. An exclusive representative may require employees who
1.9are not members of the exclusive representative to contribute a fair share fee for services
1.10rendered by the exclusive representative. The fair share fee must be equal to the regular
1.11membership dues of the exclusive representative, less the cost of benefits financed through
1.12the dues and available only to members of the exclusive representative. In no event may
1.13the fair share fee exceed 85 percent of the regular membership dues. The exclusive
1.14representative shall provide advance written notice of the amount of the fair share fee to
1.15the employer and to unit employees who will be assessed the fee. The employer shall
1.16provide the exclusive representative with a list of all unit employees.
1.17A challenge by an employee or by a person aggrieved by the fee must be filed in
1.18writing with the commissioner, the public employer, and the exclusive representative
1.19within 30 days after receipt of the written notice. All challenges must specify those
1.20portions of the fee challenged and the reasons for the challenge. The burden of proof
1.21relating to the amount of the fair share fee is on the exclusive representative. The
1.22commissioner shall hear and decide all issues in these challenges.
1.23The employer shall deduct the fee from the earnings of the employee and transmit
1.24the fee to the exclusive representative 30 days after the written notice was provided. If
2.1a challenge is filed, the deductions for a fair share fee must be held in escrow by the
2.2employer pending a decision by the commissioner.
2.3 Sec. 2. Minnesota Statutes 2010, section 179A.06, subdivision 6, is amended to read:
2.4 Subd. 6. Dues check off; prohibition. Publicemployees have the right to request
2.5and be allowed employers, including school districts, shall not provide a dues check off
2.6for the exclusive representative.In the absence of an exclusive representative, public
2.7employees have the right to request and be allowed dues check off for the organization
2.8of their choice.
2.9 Sec. 3. Minnesota Statutes 2010, section 179A.102, subdivision 3, is amended to read:
2.10 Subd. 3. No existing majority. (a) If no exclusive representative is certified under
2.11subdivision 2, the commissioner shall certify an employee organization as exclusive
2.12representative for an appropriate unit established under section179A.101 upon a petition
2.13filed by the organization within the time period provided in subdivision 2 demonstrating
2.14that the petitioner is certified under section179A.12 as the exclusive representative of
2.15fewer than a majority of the employees included within the unit established by section
2.16179A.101
, if no other employee organization so certified has filed a petition within the time
2.17period provided in subdivision 2 and a majority of the employees in the unit established
2.18by section179A.101 are represented by employee organizations under section
179A.12
2.19on the effective date of the judicial district coming under section480.181, subdivision 1 ,
2.20paragraph (b). Two or more employee organizations, each of which represents employees
2.21included in the unit established by section179A.101 , may petition jointly under this
2.22paragraph, provided that any organization may withdraw from a joint certification in
2.23favor of the remaining organizations on 30 days' notice to the remaining organizations,
2.24the employer, and the commissioner without affecting the rights and obligations of the
2.25remaining organizations or the employer. The commissioner shall make a determination
2.26on a timely petition within 45 days of its receipt.
2.27(b) If no exclusive representative is certified under subdivision 2 or paragraph (a),
2.28and an employee organization petitions the commissioner within 90 days of the effective
2.29date of the judicial district coming under section480.181, subdivision 1 , paragraph
2.30(b), demonstrating that a majority of the employees included within a unit established
2.31by section179A.101 wish to be represented by the petitioner, where this majority is
2.32evidenced by current duesdeduction rights, signed statements from court employees in
2.33counties within the district that are not currently represented by any employee organization
2.34plainly indicating that the signatories wish to be represented for collective bargaining
3.1purposes by the petitioner rather than by any other organization, or a combination of
3.2those, the commissioner shall certify the petitioner as exclusive representative of the
3.3employees in the unit established by section179A.101 . The commissioner shall make a
3.4determination on a timely petition within 45 days of its receipt.
3.5(c) If no exclusive representative is certified under subdivision 2 or paragraph (a) or
3.6(b), and an employee organization petitions the commissioner subsequent to the effective
3.7date of the judicial district coming under section480.181, subdivision 1 , paragraph (b),
3.8demonstrating that at least 30 percent of the employees included within a unit established
3.9by section179A.101 wish to be represented by the petitioner, where this 30 percent is
3.10evidenced by current duesdeduction rights, signed statements from court employees in
3.11counties within the district that are not currently represented by any employee organization
3.12plainly indicating that the signatories wish to be represented for collective bargaining
3.13purposes by the petitioner rather than by any other organization, or a combination of
3.14those, the commissioner shall conduct a secret ballot election to determine the wishes of
3.15the majority. The election must be conducted within 45 days of receipt or final decision on
3.16any petitions filed pursuant to subdivision 2, whichever is later. The election is governed
3.17by section179A.12 , where not inconsistent with other provisions of this section.
3.18 Sec. 4. Minnesota Statutes 2010, section 179A.102, subdivision 6, is amended to read:
3.19 Subd. 6. Contract and representation responsibilities. (a) Notwithstanding
3.20the provisions of section179A.101 , the exclusive representatives of units of court
3.21employees certified prior to the effective date of the judicial district coming under
3.22section480.181, subdivision 1 , paragraph (b), remain responsible for administration of
3.23their contracts and for other contractual duties and have the right to dues and fair share
3.24feededuction and other contractual privileges and rights until a contract is agreed upon
3.25with the state court administrator for a new unit established under section179A.101 .
3.26Exclusive representatives of court employees certified after the effective date of Laws
3.271999, chapter 216, article 7, section 10, in the judicial district are immediately upon
3.28certification responsible for bargaining on behalf of employees within the unit. They are
3.29also responsible for administering grievances arising under previous contracts covering
3.30employees included within the unit which remain unresolved upon agreement with the
3.31state court administrator on a contract for a new unit established under section179A.101 .
3.32Where the employer does not object, these responsibilities may be varied by agreement
3.33between the outgoing and incoming exclusive representatives. All other rights and duties
3.34of representation begin on July 1 of the year in which the state assumes the funding of
3.35court administration in the judicial district, except that exclusive representatives certified
4.1after the effective date of Laws 1999, chapter 216, article 7, section 10, shall immediately,
4.2upon certification, have the right to all employer information and all forms of access to
4.3employees within the bargaining unit which would be permitted to the current contract
4.4holder, including the rights in section179A.07, subdivision 6 . This section does not
4.5affect an existing collective bargaining contract. Incoming exclusive representatives of
4.6court employees from judicial districts that come under section480.181, subdivision 1 ,
4.7paragraph (b), are immediately, upon certification, responsible for bargaining on behalf
4.8of all previously unrepresented employees assigned to their units. All other rights and
4.9duties of exclusive representatives begin on July 1 of the year in which the state assumes
4.10the funding of court administration in the judicial district.
4.11(b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter
4.12216, article 7, sections 3 to 15, prevents an exclusive representative certified after
4.13the effective dates of those provisions from assessing fair share or duesdeductions
4.14immediately upon certification for employees in a unit established under section179A.101
4.15if the employees were unrepresented for collective bargaining purposes before that
4.16certification.
1.3check offs;amending Minnesota Statutes 2010, sections 179A.06, subdivisions
1.43, 6; 179A.102, subdivisions 3, 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 179A.06, subdivision 3, is amended to
1.7read:
1.8 Subd. 3. Fair share fee. An exclusive representative may require employees who
1.9are not members of the exclusive representative to contribute a fair share fee for services
1.10rendered by the exclusive representative. The fair share fee must be equal to the regular
1.11membership dues of the exclusive representative, less the cost of benefits financed through
1.12the dues and available only to members of the exclusive representative. In no event may
1.13the fair share fee exceed 85 percent of the regular membership dues. The exclusive
1.14representative shall provide advance written notice of the amount of the fair share fee to
1.15the employer and to unit employees who will be assessed the fee. The employer shall
1.16provide the exclusive representative with a list of all unit employees.
1.17A challenge by an employee or by a person aggrieved by the fee must be filed in
1.18writing with the commissioner, the public employer, and the exclusive representative
1.19within 30 days after receipt of the written notice. All challenges must specify those
1.20portions of the fee challenged and the reasons for the challenge. The burden of proof
1.21relating to the amount of the fair share fee is on the exclusive representative. The
1.22commissioner shall hear and decide all issues in these challenges.
1.23
1.24
2.1
2.2
2.3 Sec. 2. Minnesota Statutes 2010, section 179A.06, subdivision 6, is amended to read:
2.4 Subd. 6. Dues check off; prohibition. Public
2.5
2.6for the exclusive representative.
2.7
2.8
2.9 Sec. 3. Minnesota Statutes 2010, section 179A.102, subdivision 3, is amended to read:
2.10 Subd. 3. No existing majority. (a) If no exclusive representative is certified under
2.11subdivision 2, the commissioner shall certify an employee organization as exclusive
2.12representative for an appropriate unit established under section
2.13filed by the organization within the time period provided in subdivision 2 demonstrating
2.14that the petitioner is certified under section
2.15fewer than a majority of the employees included within the unit established by section
2.17period provided in subdivision 2 and a majority of the employees in the unit established
2.18by section
2.19on the effective date of the judicial district coming under section
2.20paragraph (b). Two or more employee organizations, each of which represents employees
2.21included in the unit established by section
2.22paragraph, provided that any organization may withdraw from a joint certification in
2.23favor of the remaining organizations on 30 days' notice to the remaining organizations,
2.24the employer, and the commissioner without affecting the rights and obligations of the
2.25remaining organizations or the employer. The commissioner shall make a determination
2.26on a timely petition within 45 days of its receipt.
2.27(b) If no exclusive representative is certified under subdivision 2 or paragraph (a),
2.28and an employee organization petitions the commissioner within 90 days of the effective
2.29date of the judicial district coming under section
2.30(b), demonstrating that a majority of the employees included within a unit established
2.31by section
2.32evidenced by current dues
2.33counties within the district that are not currently represented by any employee organization
2.34plainly indicating that the signatories wish to be represented for collective bargaining
3.1purposes by the petitioner rather than by any other organization, or a combination of
3.2those, the commissioner shall certify the petitioner as exclusive representative of the
3.3employees in the unit established by section
3.4determination on a timely petition within 45 days of its receipt.
3.5(c) If no exclusive representative is certified under subdivision 2 or paragraph (a) or
3.6(b), and an employee organization petitions the commissioner subsequent to the effective
3.7date of the judicial district coming under section
3.8demonstrating that at least 30 percent of the employees included within a unit established
3.9by section
3.10evidenced by current dues
3.11counties within the district that are not currently represented by any employee organization
3.12plainly indicating that the signatories wish to be represented for collective bargaining
3.13purposes by the petitioner rather than by any other organization, or a combination of
3.14those, the commissioner shall conduct a secret ballot election to determine the wishes of
3.15the majority. The election must be conducted within 45 days of receipt or final decision on
3.16any petitions filed pursuant to subdivision 2, whichever is later. The election is governed
3.17by section
3.18 Sec. 4. Minnesota Statutes 2010, section 179A.102, subdivision 6, is amended to read:
3.19 Subd. 6. Contract and representation responsibilities. (a) Notwithstanding
3.20the provisions of section
3.21employees certified prior to the effective date of the judicial district coming under
3.22section
3.23their contracts and for other contractual duties and have the right to dues and fair share
3.24fee
3.25with the state court administrator for a new unit established under section
3.26Exclusive representatives of court employees certified after the effective date of Laws
3.271999, chapter 216, article 7, section 10, in the judicial district are immediately upon
3.28certification responsible for bargaining on behalf of employees within the unit. They are
3.29also responsible for administering grievances arising under previous contracts covering
3.30employees included within the unit which remain unresolved upon agreement with the
3.31state court administrator on a contract for a new unit established under section
3.32Where the employer does not object, these responsibilities may be varied by agreement
3.33between the outgoing and incoming exclusive representatives. All other rights and duties
3.34of representation begin on July 1 of the year in which the state assumes the funding of
3.35court administration in the judicial district, except that exclusive representatives certified
4.1after the effective date of Laws 1999, chapter 216, article 7, section 10, shall immediately,
4.2upon certification, have the right to all employer information and all forms of access to
4.3employees within the bargaining unit which would be permitted to the current contract
4.4holder, including the rights in section
4.5affect an existing collective bargaining contract. Incoming exclusive representatives of
4.6court employees from judicial districts that come under section
4.7paragraph (b), are immediately, upon certification, responsible for bargaining on behalf
4.8of all previously unrepresented employees assigned to their units. All other rights and
4.9duties of exclusive representatives begin on July 1 of the year in which the state assumes
4.10the funding of court administration in the judicial district.
4.11(b) Nothing in Laws 2001, First Special Session chapter 5, or Laws 1999, chapter
4.12216, article 7, sections 3 to 15, prevents an exclusive representative certified after
4.13the effective dates of those provisions from assessing fair share or dues
4.14immediately upon certification for employees in a unit established under section
4.15if the employees were unrepresented for collective bargaining purposes before that
4.16certification.
