Bill Text: MN HF501 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Interest arbitration factors specified.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2011-03-03 - Motion prevailed [HF501 Detail]
Download: Minnesota-2011-HF501-Introduced.html
Bill Title: Interest arbitration factors specified.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2011-03-03 - Motion prevailed [HF501 Detail]
Download: Minnesota-2011-HF501-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.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 179A.16, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Decision by the arbitrator or panel. The decision must be issued by
1.9the arbitrator or a majority vote of the panel. The decision must resolve the issues in
1.10dispute between the parties as submitted by the commissioner. For principals and assistant
1.11principals, the arbitrator or panel is restricted to selecting between the final offers of the
1.12parties on each impasse item. For other employees, if the parties agree in writing, the
1.13arbitrator or panel is restricted to selecting between the final offers of the parties on each
1.14impasse item, or the final offer of one or the other parties in its entirety. In considering a
1.15dispute and issuing its decision, the arbitrator or panel shall consider the statutory rights
1.16and obligations of public employers to efficiently manage and conduct their operations
1.17within the legal limitations surrounding the financing of these operations. The arbitrator or
1.18panel must give substantial weight to the following issues and evidence presented by a
1.19public employer in determining an interest arbitration award:
1.20(1) private sector wages and benefits in the year immediately prior to and during the
1.21contract year being considered;
1.22(2) decreases in the public employer's aid payments under sections 477A.011
1.23to 477A.014, market value homestead credit reimbursement under section 273.1384,
2.1or other significant declines in revenue experienced by the public employer in the year
2.2immediately prior to and during the contract year being considered;
2.3(3) the impact of levy limits under sections 275.70 to 275.75 or any other law, and
2.4also the levy limitation created by the preliminary levy certification under section 275.065;
2.5(4) the general economic condition of the public employer and property tax burdens
2.6on property owners; and
2.7(5) the purpose of the budgetary reserves held by the employer, including any
2.8associated recommendations from the state auditor with regard to the necessary minimum
2.9level of reserves for public employers.
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.
1.3considered in interest arbitration; amending Minnesota Statutes 2010, section
1.4179A.16, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 179A.16, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Decision by the arbitrator or panel. The decision must be issued by
1.9the arbitrator or a majority vote of the panel. The decision must resolve the issues in
1.10dispute between the parties as submitted by the commissioner. For principals and assistant
1.11principals, the arbitrator or panel is restricted to selecting between the final offers of the
1.12parties on each impasse item. For other employees, if the parties agree in writing, the
1.13arbitrator or panel is restricted to selecting between the final offers of the parties on each
1.14impasse item, or the final offer of one or the other parties in its entirety. In considering a
1.15dispute and issuing its decision, the arbitrator or panel shall consider the statutory rights
1.16and obligations of public employers to efficiently manage and conduct their operations
1.17within the legal limitations surrounding the financing of these operations. The arbitrator or
1.18panel must give substantial weight to the following issues and evidence presented by a
1.19public employer in determining an interest arbitration award:
1.20(1) private sector wages and benefits in the year immediately prior to and during the
1.21contract year being considered;
1.22(2) decreases in the public employer's aid payments under sections 477A.011
1.23to 477A.014, market value homestead credit reimbursement under section 273.1384,
2.1or other significant declines in revenue experienced by the public employer in the year
2.2immediately prior to and during the contract year being considered;
2.3(3) the impact of levy limits under sections 275.70 to 275.75 or any other law, and
2.4also the levy limitation created by the preliminary levy certification under section 275.065;
2.5(4) the general economic condition of the public employer and property tax burdens
2.6on property owners; and
2.7(5) the purpose of the budgetary reserves held by the employer, including any
2.8associated recommendations from the state auditor with regard to the necessary minimum
2.9level of reserves for public employers.
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.
