Bill Text: MN SF1607 | 2011-2012 | 87th Legislature | Introduced
Bill Title: State funds use to collect union dues or fair share fees prohibition; automatic deductions from employee earnings for union dues or fair share fees prohibition
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2012-01-30 - Referred to State Government Innovation and Veterans [SF1607 Detail]
Download: Minnesota-2011-SF1607-Introduced.html
1.2relating to public employment labor relations; prohibiting the use of state funds
1.3to collect union dues or fair share fees; prohibiting automatic deductions from
1.4employees' earnings for union dues or fair share fees;amending Minnesota
1.5Statutes 2010, sections 16A.133, subdivision 1; 179A.06, subdivisions 3, 6;
1.6proposing coding for new law in Minnesota Statutes, chapter 179A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 16A.133, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Payroll direct deposit and deductions. An agency head in the
1.11executive, judicial, and legislative branch shall, upon written request signed by an
1.12employee, directly deposit all or part of an employee's pay to those credit unions or
1.13financial institutions, as defined in section47.015 , designated by the employee.
1.14An agency head must, upon written request of an employee, deduct from the pay of
1.15the employee a requested amount to be paid to the Minnesota Benefit Association, or to
1.16any organizations contemplated by section
179A.06, of which the employee is a member.
1.17 Sec. 2. Minnesota Statutes 2010, section 179A.06, subdivision 3, is amended to read:
1.18 Subd. 3. Fair share fee. An exclusive representative may require employees who
1.19are not members of the exclusive representative to contribute a fair share fee for services
1.20rendered by the exclusive representative. The fair share fee must be equal to the regular
1.21membership dues of the exclusive representative, less the cost of benefits financed through
1.22the dues and available only to members of the exclusive representative. In no event may
1.23the fair share fee exceed 85 percent of the regular membership dues. The exclusive
1.24representative shall provide advance written notice of the amount of the fair share fee to
2.1the employer and to unit employees who will be assessed the fee. The employer shall
2.2provide the exclusive representative with a list of all unit employees.
2.3A challenge by an employee or by a person aggrieved by the fee must be filed in
2.4writing with the commissioner, the public employer, and the exclusive representative
2.5within 30 days after receipt of the written notice. All challenges must specify those
2.6portions of the fee challenged and the reasons for the challenge. The burden of proof
2.7relating to the amount of the fair share fee is on the exclusive representative. The
2.8commissioner shall hear and decide all issues in these challenges.
2.9The employer shall deduct the fee from the earnings of the employee and transmit
2.10the fee to the exclusive representative 30 days after the written notice was provided. If
2.11a challenge is filed, the deductions for a fair share fee must be held in escrow by the
2.12employer pending a decision by the commissioner.
2.13 Sec. 3. Minnesota Statutes 2010, section 179A.06, subdivision 6, is amended to read:
2.14 Subd. 6. Dues check off. Public employees do not have the right torequest and
2.15be allowed dues check off for the have payments made to their exclusive representative
2.16through an automatic deduction from their earnings. In the absence of an exclusive
2.17representative, public employees do not have the right torequest and be allowed dues
2.18check off for have payments made to the organization of their choice through an automatic
2.19deduction from their earnings.
2.20 Sec. 4. [179A.075] PAYMENT OF UNION DUES AND FAIR SHARE FEES.
2.21No public funds or resources shall be expended to collect dues for any exclusive
2.22representative or other employee organization. Employers shall not automatically deduct
2.23union dues or fair share fees from the earnings of public employees. Employers shall
2.24not pay union dues or fair share fees to an exclusive representative or other employee
2.25organization on behalf of an employee.
1.3to collect union dues or fair share fees; prohibiting automatic deductions from
1.4employees' earnings for union dues or fair share fees;amending Minnesota
1.5Statutes 2010, sections 16A.133, subdivision 1; 179A.06, subdivisions 3, 6;
1.6proposing coding for new law in Minnesota Statutes, chapter 179A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 16A.133, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Payroll direct deposit and deductions. An agency head in the
1.11executive, judicial, and legislative branch shall, upon written request signed by an
1.12employee, directly deposit all or part of an employee's pay to those credit unions or
1.13financial institutions, as defined in section
1.14An agency head must, upon written request of an employee, deduct from the pay of
1.15the employee a requested amount to be paid to the Minnesota Benefit Association
1.16
1.17 Sec. 2. Minnesota Statutes 2010, section 179A.06, subdivision 3, is amended to read:
1.18 Subd. 3. Fair share fee. An exclusive representative may require employees who
1.19are not members of the exclusive representative to contribute a fair share fee for services
1.20rendered by the exclusive representative. The fair share fee must be equal to the regular
1.21membership dues of the exclusive representative, less the cost of benefits financed through
1.22the dues and available only to members of the exclusive representative. In no event may
1.23the fair share fee exceed 85 percent of the regular membership dues. The exclusive
1.24representative shall provide advance written notice of the amount of the fair share fee to
2.1the employer and to unit employees who will be assessed the fee. The employer shall
2.2provide the exclusive representative with a list of all unit employees.
2.3A challenge by an employee or by a person aggrieved by the fee must be filed in
2.4writing with the commissioner, the public employer, and the exclusive representative
2.5within 30 days after receipt of the written notice. All challenges must specify those
2.6portions of the fee challenged and the reasons for the challenge. The burden of proof
2.7relating to the amount of the fair share fee is on the exclusive representative. The
2.8commissioner shall hear and decide all issues in these challenges.
2.9
2.10
2.11
2.12
2.13 Sec. 3. Minnesota Statutes 2010, section 179A.06, subdivision 6, is amended to read:
2.14 Subd. 6. Dues check off. Public employees do not have the right to
2.15
2.16through an automatic deduction from their earnings. In the absence of an exclusive
2.17representative, public employees do not have the right to
2.18
2.19deduction from their earnings.
2.20 Sec. 4. [179A.075] PAYMENT OF UNION DUES AND FAIR SHARE FEES.
2.21No public funds or resources shall be expended to collect dues for any exclusive
2.22representative or other employee organization. Employers shall not automatically deduct
2.23union dues or fair share fees from the earnings of public employees. Employers shall
2.24not pay union dues or fair share fees to an exclusive representative or other employee
2.25organization on behalf of an employee.
