Bill Text: MN HF2694 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Arbitration factors specified.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-05 - Introduction and first reading, referred to Government Operations and Elections [HF2694 Detail]
Download: Minnesota-2011-HF2694-Introduced.html
1.2relating to public sector labor relations; specifying factors that must be
1.3considered in interest arbitration; amending Minnesota Statutes 2010, section
1.4179A.16, subdivision 7; proposing coding for new law in Minnesota Statutes,
1.5chapter 572B.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 179A.16, subdivision 7, is amended to
1.8read:
1.9 Subd. 7. Decision by the arbitrator or panel. (a) The decision must be issued
1.10by the arbitrator or a majority vote of the panel. The decision must resolve the issues
1.11in dispute between the parties as submitted by the commissioner. For principals and
1.12assistant principals, the arbitrator or panel is restricted to selecting between the final
1.13offers of the parties on each impasse item. For other essential employees, other than state
1.14and University of Minnesota employees, the arbitrator or panel is restricted to selecting
1.15between the final offer total packages of the parties as submitted to the commissioner at
1.16impasse. For other employees, if the parties agree in writing, the arbitrator or panel is
1.17restricted to selecting between the final offers of the parties on each impasse item, or the
1.18final offer of one or the other parties in its entirety. In considering a dispute and issuing its
1.19decision, the arbitrator or panel shall consider the statutory rights and obligations of public
1.20employers to efficiently manage and conduct their operations within the legal limitations
1.21surrounding the financing of these operations.
1.22(b) An arbitrator must give substantial weight to the following issues and evidence
1.23presented by a public employer in determining an interest arbitration award:
1.24(1) decreases in local government aid under sections 477A.011 to 477A.014, market
1.25value homestead credit reimbursement under section 273.1384, or other significant
2.1declines in revenue experienced by the public employer in the year immediately prior to or
2.2during the contract year being considered;
2.3(2) the general economic condition of the public employer, including its ability to
2.4raise revenues, and property tax burdens on property owners; and
2.5(3) general increases or external market adjustments voluntarily negotiated by
2.6another exclusive representative within the same public employer for the same contract
2.7period.
2.8(c) When establishing "ability to pay" by a public employer, an arbitrator must
2.9not consider budgetary reserves.
2.10The decision is final and binding on all parties.
2.11The arbitrator or panel shall render its decision within 30 days from the date that
2.12all arbitration proceedings have concluded. The arbitrator or panel may not request that
2.13the parties waive their right to have the decision rendered within 30 days, unless the
2.14commissioner grants an extension of the deadline. The commissioner shall remove from
2.15the roster for six months the name of any arbitrator who does not render the decision
2.16within 30 days or within the extension granted by the commissioner. The commissioner
2.17shall adopt rules establishing criteria to be followed in determining whether an extension
2.18should be granted. The decision must be for the period stated in the decision, except that
2.19decisions determining contracts for teacher units are effective to the end of the contract
2.20period determined by section179A.20 .
2.21The arbitrator or panel shall send its decision to the commissioner, the appropriate
2.22representative of the public employer, and the employees. If any issues submitted to
2.23arbitration are settled voluntarily before the arbitrator or panel issues a decision, the
2.24arbitrator or panel shall report the settlement to the commissioner.
2.25The parties may, at any time before or after issuance of a decision of the arbitrator
2.26or panel, agree upon terms and conditions of employment regardless of the terms and
2.27conditions of employment determined by the decision. The parties shall, if so agreeing,
2.28execute a written contract or memorandum of contract.
2.29EFFECTIVE DATE.This section is effective the day following final enactment,
2.30and applies to matters that the commissioner of mediation services certifies for arbitration
2.31on and after that date.
2.32 Sec. 2. [572B.32] EXCEPTION.
2.33This chapter does not apply to arbitration under chapter 179A.
2.34EFFECTIVE DATE.This section is effective July 1, 2012.
1.3considered in interest arbitration; amending Minnesota Statutes 2010, section
1.4179A.16, subdivision 7; proposing coding for new law in Minnesota Statutes,
1.5chapter 572B.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 179A.16, subdivision 7, is amended to
1.8read:
1.9 Subd. 7. Decision by the arbitrator or panel. (a) The decision must be issued
1.10by the arbitrator or a majority vote of the panel. The decision must resolve the issues
1.11in dispute between the parties as submitted by the commissioner. For principals and
1.12assistant principals, the arbitrator or panel is restricted to selecting between the final
1.13offers of the parties on each impasse item. For other essential employees, other than state
1.14and University of Minnesota employees, the arbitrator or panel is restricted to selecting
1.15between the final offer total packages of the parties as submitted to the commissioner at
1.16impasse. For other employees, if the parties agree in writing, the arbitrator or panel is
1.17restricted to selecting between the final offers of the parties on each impasse item, or the
1.18final offer of one or the other parties in its entirety. In considering a dispute and issuing its
1.19decision, the arbitrator or panel shall consider the statutory rights and obligations of public
1.20employers to efficiently manage and conduct their operations within the legal limitations
1.21surrounding the financing of these operations.
1.22(b) An arbitrator must give substantial weight to the following issues and evidence
1.23presented by a public employer in determining an interest arbitration award:
1.24(1) decreases in local government aid under sections 477A.011 to 477A.014, market
1.25value homestead credit reimbursement under section 273.1384, or other significant
2.1declines in revenue experienced by the public employer in the year immediately prior to or
2.2during the contract year being considered;
2.3(2) the general economic condition of the public employer, including its ability to
2.4raise revenues, and property tax burdens on property owners; and
2.5(3) general increases or external market adjustments voluntarily negotiated by
2.6another exclusive representative within the same public employer for the same contract
2.7period.
2.8(c) When establishing "ability to pay" by a public employer, an arbitrator must
2.9not consider budgetary reserves.
2.10The decision is final and binding on all parties.
2.11The arbitrator or panel shall render its decision within 30 days from the date that
2.12all arbitration proceedings have concluded. The arbitrator or panel may not request that
2.13the parties waive their right to have the decision rendered within 30 days, unless the
2.14commissioner grants an extension of the deadline. The commissioner shall remove from
2.15the roster for six months the name of any arbitrator who does not render the decision
2.16within 30 days or within the extension granted by the commissioner. The commissioner
2.17shall adopt rules establishing criteria to be followed in determining whether an extension
2.18should be granted. The decision must be for the period stated in the decision, except that
2.19decisions determining contracts for teacher units are effective to the end of the contract
2.20period determined by section
2.21The arbitrator or panel shall send its decision to the commissioner, the appropriate
2.22representative of the public employer, and the employees. If any issues submitted to
2.23arbitration are settled voluntarily before the arbitrator or panel issues a decision, the
2.24arbitrator or panel shall report the settlement to the commissioner.
2.25The parties may, at any time before or after issuance of a decision of the arbitrator
2.26or panel, agree upon terms and conditions of employment regardless of the terms and
2.27conditions of employment determined by the decision. The parties shall, if so agreeing,
2.28execute a written contract or memorandum of contract.
2.29EFFECTIVE DATE.This section is effective the day following final enactment,
2.30and applies to matters that the commissioner of mediation services certifies for arbitration
2.31on and after that date.
2.32 Sec. 2. [572B.32] EXCEPTION.
2.33This chapter does not apply to arbitration under chapter 179A.
2.34EFFECTIVE DATE.This section is effective July 1, 2012.
