Bill Text: MN HF950 | 2013-2014 | 88th Legislature | Introduced

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-Introduced.html

1.1A bill for an act
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.

1.8Sections 179A.50 to 179A.53 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.53, the terms
1.12in this section have the meanings given them.
1.13    Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.15    Subd. 3. Exclusive representative. "Exclusive representative" means a labor
1.16organization that has been elected and certified under this chapter thereby maintaining the
1.17right 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 state
2.9on subjects pertaining to relations between the state and family child care providers.
2.10Section 179A.22 applies to family child care providers except as otherwise provided in
2.11this section. Family child care providers shall have the rights and obligations of public
2.12employees pursuant to and solely for the purposes of chapter 179A, except as otherwise
2.13provided in this section. Family child care providers shall have the same rights to interest
2.14arbitration provided under section 179A.16, subdivision 2, to essential employees. This
2.15section is not intended to grant family child care providers status as public employees for
2.16any other purpose. Family child care providers shall not have the right to strike.
2.17    Subd. 2. Employer of record. For the purposes of chapter 179A, the state is the
2.18public employer of record for family child care providers.
2.19    Subd. 3. Statewide unit. Notwithstanding any other law to the contrary, the only
2.20bargaining unit under this section shall be a statewide unit of all family child care providers.
2.21    Subd. 4. Certification; process. For the purposes of determining certification,
2.22the commissioner shall utilize a list of family child care providers compiled by the
2.23commissioner of human services over the most recent 12-month period. Upon application
2.24by petition, authorization cards, or union membership cards of a labor organization
2.25adequately showing that a majority of family child care providers in the state desire to
2.26be represented exclusively by that labor organization, and no other labor organization is
2.27currently certified as the exclusive representative, the commissioner shall certify and
2.28grant exclusive representation to the labor organization for the purposes set forth in this
2.29section. Upon application by petition, authorization cards, or union membership cards of a
2.30labor organization adequately showing that less than a majority, but at least 30 percent of
2.31family child care providers in the state desire to be represented by that labor organization,
2.32and no other labor organization is currently certified as the exclusive representative,
2.33the commissioner shall conduct a certification election by mail ballot pursuant to the
2.34procedures in chapter 179A.
3.1    Subd. 5. Meet and negotiate. If the commissioner certifies a labor organization as
3.2the majority exclusive representative, the state, through the governor or the governor's
3.3designee, shall meet and negotiate in good faith with the exclusive representative of the
3.4family child care provider unit regarding issues of mutual concern. Issues of mutual
3.5concern include quality standards and quality rating systems, the availability of training
3.6opportunities and funding, reimbursement rates, access to benefits, changes to the state
3.7system of providing early childhood education services, the collection and disbursement
3.8of established dues or fees to the exclusive representative of family child care providers,
3.9licensing and licensing actions, the monitoring and evaluating of family child care
3.10providers, and any other matters that the parties agree would improve recruitment and
3.11retention of qualified family child care providers and the quality of the programs they
3.12provide. The governor or the governor's designee is authorized to enter into agreements
3.13with the exclusive representative. Negotiated agreements and arbitration decisions must
3.14be submitted to the legislature to be accepted or rejected in accordance with sections
3.153.855 and 179A.22.
3.16    Subd. 6. Exemption; federal law. In affording family child care providers the right
3.17to engage in collective action, select a representative, and jointly engage in discussions
3.18with the state under the terms of this section, the state intends that the "state action"
3.19exemption from federal antitrust laws be fully available to the state, based on the state's
3.20active supervision of family child care providers to improve the quality, accessibility, and
3.21affordability of early childhood education services in the state.
3.22    Subd. 7. Rights. Nothing in this section shall be construed to interfere with:
3.23(1) parental rights to select and deselect family child care providers or the ability of
3.24family child care providers to establish the rates they charge to parents;
3.25(2) the right or obligation of any state agency to communicate or meet with any
3.26citizen or organization concerning family child care legislation, regulation, or policy; or
3.27(3) the rights and responsibilities of family child care providers under federal law.
3.28    Subd. 8. Severability. Should any part of this act be declared invalid or
3.29unenforceable, or the enforcement or compliance with it is suspended, restrained, or
3.30barred, either by the state or by the final judgment of a court of competent jurisdiction, the
3.31remainder of this act shall remain in full force and effect.
3.32EFFECTIVE DATE.This section is effective the day following final enactment.