Bill Text: MN HF339 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Teacher employment contract negotiation process identified.
Sponsorship: Partisan Bill (Republican 9)
Status: (Introduced - Dead) 2011-03-09 - Committee report, to pass as amended and re-refer to Education Finance [HF339 Detail]
Download: Minnesota-2011-HF339-Introduced.html
Bill Title: Teacher employment contract negotiation process identified.
Sponsorship: Partisan Bill (Republican 9)
Status: (Introduced - Dead) 2011-03-09 - Committee report, to pass as amended and re-refer to Education Finance [HF339 Detail]
Download: Minnesota-2011-HF339-Introduced.html
1.2relating to education; identifying a process for negotiating teacher employment
1.3contracts;amending Minnesota Statutes 2010, sections 179A.16, subdivision 1; 179A.18, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapter 179A; repealing Minnesota Statutes 2010, sections 123B.05; 179A.18, subdivision 2.1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 179A.16, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Nonessential employees. An exclusive representative or an
1.11employer of a unit of employees other than essential employees or teachers may request
1.12interest arbitration by providing written notice of the request to the other party and the
1.13commissioner. The written request for arbitration must specify the items to be submitted to
1.14arbitration and whether conventional, final-offer total-package, or final-offer item-by-item
1.15arbitration is contemplated by the request.
1.16The items to be submitted to arbitration and the form of arbitration to be used are
1.17subject to mutual agreement. If an agreement to arbitrate is reached, it must be reduced to
1.18writing and a copy of the agreement filed with the commissioner. A failure to respond, or
1.19to reach agreement on the items or form of arbitration, within 15 days of receipt of the
1.20request to arbitrate constitutes a rejection of the request.
1.21 Sec. 2. [179A.175] TEACHER CONTRACTS.
1.22Notwithstanding section 179A.16 and other law to the contrary, a school board and
1.23the exclusive representative of the teachers may meet and negotiate and enter into an
1.24employment contract only during the three-month period preceding September 1 when
2.1school is not in session. If the school board and the exclusive representative fail to reach a
2.2certified written agreement by September 1 in the odd-numbered year, the negotiations
2.3must be suspended until the next even-numbered calendar year and resume during the
2.4three-month period preceding September 1 when school is again not in session. During
2.5the time the negotiations are suspended, employee compensation must be according to
2.6the terms of the collective bargaining agreement in effect in the preceding collective
2.7bargaining cycle. If agreement is not reached during the three-month period in the
2.8even-numbered year, the school board may either:
2.9(1) require the matter to be determined by an arbitrator selected by the Bureau of
2.10Mediation Services based on a final offer total package from each party; or
2.11(2) unilaterally implement the items contained in the board's final offer.
2.12 Sec. 3. Minnesota Statutes 2010, section 179A.18, subdivision 1, is amended to read:
2.13 Subdivision 1. When authorized. Essential employees and teachers may not strike.
2.14Except as otherwise provided by subdivision 2 and section179A.17, subdivision 2 , other
2.15public employees may strike only under the following circumstances:
2.16(1)(i) the collective bargaining agreement between their exclusive representative and
2.17their employer has expired or, if there is no agreement, impasse under section179A.17,
2.18subdivision 2 , has occurred; and
2.19(ii) the exclusive representative and the employer have participated in mediation
2.20over a period of at least 45 days, provided that the mediation period established by section
2.21179A.17, subdivision 2
, governs negotiations under that section, and provided that for the
2.22purposes of this subclause the mediation period commences on the day following receipt
2.23by the commissioner of a request for mediation; or
2.24(2) the employer violates section179A.13, subdivision 2 , clause (9); or
2.25(3) in the case of state employees, (i) the Legislative Coordinating Commission has
2.26rejected a negotiated agreement or arbitration decision during a legislative interim; or (ii)
2.27the entire legislature rejects or fails to ratify a negotiated agreement or arbitration decision,
2.28which has been approved during a legislative interim by the Legislative Coordinating
2.29Commission, at a special legislative session called to consider it, or at its next regular
2.30legislative session, whichever occurs first.
2.31 Sec. 4. Minnesota Statutes 2010, section 179A.18, subdivision 3, is amended to read:
2.32 Subd. 3. Notice. In addition to the other requirements of this section, no employee
2.33may strike unless written notification of intent to strike is served on the employer and the
2.34commissioner by the exclusive representative at least ten days prior to the commencement
3.1of the strike. For all employeesother than teachers, if more than 30 days have expired
3.2after service of a notification of intent to strike, no strike may commence until ten days
3.3after service of a new written notification.For teachers, no strike may commence more
3.4than 25 days after service of notification of intent to strike unless, before the end of the
3.525-day period, the exclusive representative and the employer agree that the period during
3.6which a strike may commence shall be extended for an additional period not to exceed five
3.7days. Teachers are limited to one notice of intent to strike for each contract negotiation
3.8period, provided, however, that a strike notice may be renewed for an additional ten days,
3.9the first five of which shall be a notice period during which no strike may occur, if the
3.10following conditions have been satisfied:
3.11(1) an original notice was provided pursuant to this section; and
3.12(2) a tentative agreement to resolve the dispute was reached during the original
3.13strike notice period; and
3.14(3) such tentative agreement was rejected by either party during or after the original
3.15strike notice period.
3.16The first day of the renewed strike notice period shall commence on the day following
3.17the expiration of the previous strike notice period or the day following the rejection
3.18of the tentative agreement, whichever is later. Notification of intent to strike under
3.19subdivisions 1, clause (1); and 2, clause (1), may not be served until the collective
3.20bargaining agreement has expired, or if there is no agreement, on or after the date impasse
3.21under section179A.17 has occurred.
3.22 Sec. 5. REPEALER.
3.23Minnesota Statutes 2010, sections 123B.05; and 179A.18, subdivision 2, are
3.24repealed.
3.25 Sec. 6. EFFECTIVE DATE.
3.26Sections 1 to 5 are effective beginning July 1, 2013, and apply to all teacher
3.27collective bargaining agreements entered into or modified after that date.
1.3contracts;amending Minnesota Statutes 2010, sections 179A.16, subdivision 1; 179A.18, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapter 179A; repealing Minnesota Statutes 2010, sections 123B.05; 179A.18, subdivision 2.1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 179A.16, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Nonessential employees. An exclusive representative or an
1.11employer of a unit of employees other than essential employees or teachers may request
1.12interest arbitration by providing written notice of the request to the other party and the
1.13commissioner. The written request for arbitration must specify the items to be submitted to
1.14arbitration and whether conventional, final-offer total-package, or final-offer item-by-item
1.15arbitration is contemplated by the request.
1.16The items to be submitted to arbitration and the form of arbitration to be used are
1.17subject to mutual agreement. If an agreement to arbitrate is reached, it must be reduced to
1.18writing and a copy of the agreement filed with the commissioner. A failure to respond, or
1.19to reach agreement on the items or form of arbitration, within 15 days of receipt of the
1.20request to arbitrate constitutes a rejection of the request.
1.21 Sec. 2. [179A.175] TEACHER CONTRACTS.
1.22Notwithstanding section 179A.16 and other law to the contrary, a school board and
1.23the exclusive representative of the teachers may meet and negotiate and enter into an
1.24employment contract only during the three-month period preceding September 1 when
2.1school is not in session. If the school board and the exclusive representative fail to reach a
2.2certified written agreement by September 1 in the odd-numbered year, the negotiations
2.3must be suspended until the next even-numbered calendar year and resume during the
2.4three-month period preceding September 1 when school is again not in session. During
2.5the time the negotiations are suspended, employee compensation must be according to
2.6the terms of the collective bargaining agreement in effect in the preceding collective
2.7bargaining cycle. If agreement is not reached during the three-month period in the
2.8even-numbered year, the school board may either:
2.9(1) require the matter to be determined by an arbitrator selected by the Bureau of
2.10Mediation Services based on a final offer total package from each party; or
2.11(2) unilaterally implement the items contained in the board's final offer.
2.12 Sec. 3. Minnesota Statutes 2010, section 179A.18, subdivision 1, is amended to read:
2.13 Subdivision 1. When authorized. Essential employees and teachers may not strike.
2.14Except as otherwise provided by subdivision 2 and section
2.15public employees may strike only under the following circumstances:
2.16(1)(i) the collective bargaining agreement between their exclusive representative and
2.17their employer has expired or, if there is no agreement, impasse under section
2.18subdivision 2
2.19(ii) the exclusive representative and the employer have participated in mediation
2.20over a period of at least 45 days, provided that the mediation period established by section
2.22purposes of this subclause the mediation period commences on the day following receipt
2.23by the commissioner of a request for mediation; or
2.24(2) the employer violates section
2.25(3) in the case of state employees, (i) the Legislative Coordinating Commission has
2.26rejected a negotiated agreement or arbitration decision during a legislative interim; or (ii)
2.27the entire legislature rejects or fails to ratify a negotiated agreement or arbitration decision,
2.28which has been approved during a legislative interim by the Legislative Coordinating
2.29Commission, at a special legislative session called to consider it, or at its next regular
2.30legislative session, whichever occurs first.
2.31 Sec. 4. Minnesota Statutes 2010, section 179A.18, subdivision 3, is amended to read:
2.32 Subd. 3. Notice. In addition to the other requirements of this section, no employee
2.33may strike unless written notification of intent to strike is served on the employer and the
2.34commissioner by the exclusive representative at least ten days prior to the commencement
3.1of the strike. For all employees
3.2after service of a notification of intent to strike, no strike may commence until ten days
3.3after service of a new written notification.
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16The first day of the renewed strike notice period shall commence on the day following
3.17the expiration of the previous strike notice period or the day following the rejection
3.18of the tentative agreement, whichever is later. Notification of intent to strike under
3.19subdivisions 1, clause (1); and 2, clause (1), may not be served until the collective
3.20bargaining agreement has expired, or if there is no agreement, on or after the date impasse
3.21under section
3.22 Sec. 5. REPEALER.
3.23Minnesota Statutes 2010, sections 123B.05; and 179A.18, subdivision 2, are
3.24repealed.
3.25 Sec. 6. EFFECTIVE DATE.
3.26Sections 1 to 5 are effective beginning July 1, 2013, and apply to all teacher
3.27collective bargaining agreements entered into or modified after that date.
