Bill Text: MN SF554 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Legislative employees organization and collective bargaining agreement negotiation authorization
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-03-09 - Authors added Higgins; Tomassoni [SF554 Detail]
Download: Minnesota-2011-SF554-Introduced.html
1.2relating to the legislature; authorizing certain legislative employees to organize
1.3and to select representatives to negotiate collective bargaining agreements;
1.4amending Minnesota Statutes 2010, sections 43A.18, subdivision 6; 43A.24,
1.5subdivision 2; 179A.01.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 43A.18, subdivision 6, is amended to read:
1.8 Subd. 6. Legislative and judicial branch compensation. Except for legislative
1.9employees covered by collective bargaining agreements, total compensation plans
1.10for unclassified employees of the legislature and of legislative commissions shall be
1.11determined by the legislature consistent with chapter 3, provided that insurance benefits
1.12forthese employees not covered by collective bargaining agreements and for legislators
1.13shall be determined by the Legislative Coordinating Commission, consistent with sections
1.1443A.22
to
43A.30 . Total compensation plans for unclassified employees of the judicial
1.15branch shall be determined by the appointing authority, unless other law provides a
1.16different method for establishing this compensation. Judicial branch compensation plans
1.17shall be consistent with sections43A.22 to
43A.30 .
1.18EFFECTIVE DATE.This section is effective January 1, 2012.
1.19 Sec. 2. Minnesota Statutes 2010, section 43A.24, subdivision 2, is amended to read:
1.20 Subd. 2. Other eligible persons. The following persons are eligible for state paid
1.21life insurance and hospital, medical, and dental benefits as determined in applicable
1.22collective bargaining agreements or by the commissioner or by plans pursuant to section
1.2343A.18, subdivision 6
, or by the Board of Regents for employees of the University of
2.1Minnesota not covered by collective bargaining agreements. Coverages made available,
2.2including optional coverages, are as contained in the plan established pursuant to section
2.343A.18, subdivision 2
:
2.4(a) a member of the state legislature, provided that changes in benefits resulting
2.5in increased costs to the state shall not be effective until expiration of the term of the
2.6members of the existing house of representatives. An eligible member of the state
2.7legislature may decline to be enrolled for state paid coverages by filing a written waiver
2.8with the commissioner. The waiver shall not prohibit the member from enrolling the
2.9member or dependents for optional coverages, without cost to the state, as provided for in
2.10section43A.26 . A member of the state legislature who returns from a leave of absence
2.11to a position previously occupied in the civil service shall be eligible to receive the life
2.12insurance and hospital, medical, and dental benefits to which the position is entitled;
2.13(b) an employee of the legislature or an employee of a permanent study or interim
2.14committee or commission or a state employee on leave of absence to work for the
2.15legislature, during a regular or special legislative session, as determined in applicable
2.16collective bargaining agreements or by the Legislative Coordinating Commission;
2.17(c) a judge of the appellate courts or an officer or employee of these courts; a judge
2.18of the district court, a judge of county court, or a judge of county municipal court; a
2.19district court referee, judicial officer, court reporter, or law clerk; a district administrator;
2.20an employee of the Office of the District Administrator that is not in the Second or
2.21Fourth Judicial District; a court administrator or employee of the court administrator in a
2.22judicial district under section480.181, subdivision 1 , paragraph (b), and a guardian ad
2.23litem program employee;
2.24(d) a salaried employee of the Public Employees Retirement Association;
2.25(e) a full-time military or civilian officer or employee in the unclassified service of
2.26the Department of Military Affairs whose salary is paid from state funds;
2.27(f) a salaried employee of the Minnesota Historical Society, whether paid from state
2.28funds or otherwise, who is not a member of the governing board;
2.29(g) an employee of the regents of the University of Minnesota;
2.30(h) notwithstanding section43A.27, subdivision 3 , an employee of the state of
2.31Minnesota or the regents of the University of Minnesota who is at least 60 and not yet
2.3265 years of age on July 1, 1982, who is otherwise eligible for employee and dependent
2.33insurance and benefits pursuant to section43A.18 or other law, who has at least 20
2.34years of service and retires, earlier than required, within 60 days of March 23, 1982; or
2.35an employee who is at least 60 and not yet 65 years of age on July 1, 1982, who has
2.36at least 20 years of state service and retires, earlier than required, from employment at
3.1Rochester state hospital after July 1, 1981; or an employee who is at least 55 and not
3.2yet 65 years of age on July 1, 1982, and is covered by the Minnesota State Retirement
3.3System correctional employee retirement plan or the State Patrol retirement fund, who
3.4has at least 20 years of state service and retires, earlier than required, within 60 days of
3.5March 23, 1982. For purposes of this clause, a person retires when the person terminates
3.6active employment in state or University of Minnesota service and applies for a retirement
3.7annuity. Eligibility shall cease when the retired employee attains the age of 65, or when
3.8the employee chooses not to receive the annuity that the employee has applied for. The
3.9retired employee shall be eligible for coverages to which the employee was entitled at the
3.10time of retirement, subject to any changes in coverage through collective bargaining or
3.11plans established pursuant to section43A.18 , for employees in positions equivalent to that
3.12from which retired, provided that the retired employee shall not be eligible for state-paid
3.13life insurance. Coverages shall be coordinated with relevant health insurance benefits
3.14provided through the federally sponsored Medicare program;
3.15(i) an employee of an agency of the state of Minnesota identified through the process
3.16provided in this paragraph who is eligible to retire prior to age 65. The commissioner
3.17and the exclusive representative of state employees shall enter into agreements under
3.18section179A.22 to identify employees whose positions are in programs that are being
3.19permanently eliminated or reduced due to federal or state policies or practices. Failure
3.20to reach agreement identifying these employees is not subject to impasse procedures
3.21provided in chapter 179A. The commissioner must prepare a plan identifying eligible
3.22employees not covered by a collective bargaining agreement in accordance with the
3.23process outlined in section43A.18, subdivisions 2 and 3 . For purposes of this paragraph,
3.24a person retires when the person terminates active employment in state service and
3.25applies for a retirement annuity. Eligibility ends as provided in the agreement or plan,
3.26but must cease at the end of the month in which the retired employee chooses not to
3.27receive an annuity, or the employee is eligible for employer-paid health insurance from
3.28a new employer. The retired employees shall be eligible for coverages to which they
3.29were entitled at the time of retirement, subject to any changes in coverage through
3.30collective bargaining or plans established under section43A.18 for employees in positions
3.31equivalent to that from which they retired, provided that the retired employees shall not be
3.32eligible for state-paid life insurance;
3.33(j) employees of the state Board of Public Defense, with eligibility determined by
3.34the state Board of Public Defense in consultation with the commissioner of management
3.35and budget; and
4.1(k) employees of supporting organizations of Enterprise Minnesota, Inc., established
4.2after July 1, 2003, under section116O.05, subdivision 4 , as paid for by the supporting
4.3organization.
4.4EFFECTIVE DATE.This section is effective January 1, 2012.
4.5 Sec. 3. Minnesota Statutes 2010, section 179A.01, is amended to read:
4.6179A.01 PUBLIC POLICY.
4.7(a) It is the public policy of this state and the purpose of sections179A.01 to
4.8179A.25
to promote orderly and constructive relationships between all public employers
4.9and their employees. This policy is subject to the paramount right of the citizens of this
4.10state to keep inviolate the guarantees for their health, education, safety, and welfare.
4.11(b) The relationships between the public, public employees, and employer governing
4.12bodies involve responsibilities to the public and a need for cooperation and employment
4.13protection which are different from those found in the private sector. The importance or
4.14necessity of some services to the public can create imbalances in the relative bargaining
4.15power between public employees and employers. As a result, unique approaches to
4.16negotiations and resolutions of disputes between public employees and employers are
4.17necessary.
4.18(c) Unresolved disputes between the public employer and its employees are injurious
4.19to the public as well as to the parties. Adequate means must be established for minimizing
4.20them and providing for their resolution. Within these limitations and considerations, the
4.21legislature has determined that overall policy is best accomplished by:
4.22(1) granting public employees certain rights to organize and choose freely their
4.23representatives;
4.24(2) requiring public employers to meet and negotiate with public employees in
4.25an appropriate bargaining unit and providing that the result of bargaining be in written
4.26agreements; and
4.27(3) establishing special rights, responsibilities, procedures, and limitations regarding
4.28public employment relationships which will provide for the protection of the rights of the
4.29public employee, the public employer, and the public at large.
4.30(d) Nothing in sections
179A.01 to
179A.25 impairs, modifies, or alters the authority
4.31of the legislature to establish rates of pay, or retirement or other benefits for its employees.
4.32EFFECTIVE DATE.This section is effective January 1, 2012.
1.3and to select representatives to negotiate collective bargaining agreements;
1.4amending Minnesota Statutes 2010, sections 43A.18, subdivision 6; 43A.24,
1.5subdivision 2; 179A.01.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 43A.18, subdivision 6, is amended to read:
1.8 Subd. 6. Legislative and judicial branch compensation. Except for legislative
1.9employees covered by collective bargaining agreements, total compensation plans
1.10for unclassified employees of the legislature and of legislative commissions shall be
1.11determined by the legislature consistent with chapter 3, provided that insurance benefits
1.12for
1.13shall be determined by the Legislative Coordinating Commission, consistent with sections
1.15branch shall be determined by the appointing authority, unless other law provides a
1.16different method for establishing this compensation. Judicial branch compensation plans
1.17shall be consistent with sections
1.18EFFECTIVE DATE.This section is effective January 1, 2012.
1.19 Sec. 2. Minnesota Statutes 2010, section 43A.24, subdivision 2, is amended to read:
1.20 Subd. 2. Other eligible persons. The following persons are eligible for state paid
1.21life insurance and hospital, medical, and dental benefits as determined in applicable
1.22collective bargaining agreements or by the commissioner or by plans pursuant to section
2.1Minnesota not covered by collective bargaining agreements. Coverages made available,
2.2including optional coverages, are as contained in the plan established pursuant to section
2.4(a) a member of the state legislature, provided that changes in benefits resulting
2.5in increased costs to the state shall not be effective until expiration of the term of the
2.6members of the existing house of representatives. An eligible member of the state
2.7legislature may decline to be enrolled for state paid coverages by filing a written waiver
2.8with the commissioner. The waiver shall not prohibit the member from enrolling the
2.9member or dependents for optional coverages, without cost to the state, as provided for in
2.10section
2.11to a position previously occupied in the civil service shall be eligible to receive the life
2.12insurance and hospital, medical, and dental benefits to which the position is entitled;
2.13(b) an employee of the legislature or an employee of a permanent study or interim
2.14committee or commission or a state employee on leave of absence to work for the
2.15legislature, during a regular or special legislative session, as determined in applicable
2.16collective bargaining agreements or by the Legislative Coordinating Commission;
2.17(c) a judge of the appellate courts or an officer or employee of these courts; a judge
2.18of the district court, a judge of county court, or a judge of county municipal court; a
2.19district court referee, judicial officer, court reporter, or law clerk; a district administrator;
2.20an employee of the Office of the District Administrator that is not in the Second or
2.21Fourth Judicial District; a court administrator or employee of the court administrator in a
2.22judicial district under section
2.23litem program employee;
2.24(d) a salaried employee of the Public Employees Retirement Association;
2.25(e) a full-time military or civilian officer or employee in the unclassified service of
2.26the Department of Military Affairs whose salary is paid from state funds;
2.27(f) a salaried employee of the Minnesota Historical Society, whether paid from state
2.28funds or otherwise, who is not a member of the governing board;
2.29(g) an employee of the regents of the University of Minnesota;
2.30(h) notwithstanding section
2.31Minnesota or the regents of the University of Minnesota who is at least 60 and not yet
2.3265 years of age on July 1, 1982, who is otherwise eligible for employee and dependent
2.33insurance and benefits pursuant to section
2.34years of service and retires, earlier than required, within 60 days of March 23, 1982; or
2.35an employee who is at least 60 and not yet 65 years of age on July 1, 1982, who has
2.36at least 20 years of state service and retires, earlier than required, from employment at
3.1Rochester state hospital after July 1, 1981; or an employee who is at least 55 and not
3.2yet 65 years of age on July 1, 1982, and is covered by the Minnesota State Retirement
3.3System correctional employee retirement plan or the State Patrol retirement fund, who
3.4has at least 20 years of state service and retires, earlier than required, within 60 days of
3.5March 23, 1982. For purposes of this clause, a person retires when the person terminates
3.6active employment in state or University of Minnesota service and applies for a retirement
3.7annuity. Eligibility shall cease when the retired employee attains the age of 65, or when
3.8the employee chooses not to receive the annuity that the employee has applied for. The
3.9retired employee shall be eligible for coverages to which the employee was entitled at the
3.10time of retirement, subject to any changes in coverage through collective bargaining or
3.11plans established pursuant to section
3.12from which retired, provided that the retired employee shall not be eligible for state-paid
3.13life insurance. Coverages shall be coordinated with relevant health insurance benefits
3.14provided through the federally sponsored Medicare program;
3.15(i) an employee of an agency of the state of Minnesota identified through the process
3.16provided in this paragraph who is eligible to retire prior to age 65. The commissioner
3.17and the exclusive representative of state employees shall enter into agreements under
3.18section
3.19permanently eliminated or reduced due to federal or state policies or practices. Failure
3.20to reach agreement identifying these employees is not subject to impasse procedures
3.21provided in chapter 179A. The commissioner must prepare a plan identifying eligible
3.22employees not covered by a collective bargaining agreement in accordance with the
3.23process outlined in section
3.24a person retires when the person terminates active employment in state service and
3.25applies for a retirement annuity. Eligibility ends as provided in the agreement or plan,
3.26but must cease at the end of the month in which the retired employee chooses not to
3.27receive an annuity, or the employee is eligible for employer-paid health insurance from
3.28a new employer. The retired employees shall be eligible for coverages to which they
3.29were entitled at the time of retirement, subject to any changes in coverage through
3.30collective bargaining or plans established under section
3.31equivalent to that from which they retired, provided that the retired employees shall not be
3.32eligible for state-paid life insurance;
3.33(j) employees of the state Board of Public Defense, with eligibility determined by
3.34the state Board of Public Defense in consultation with the commissioner of management
3.35and budget; and
4.1(k) employees of supporting organizations of Enterprise Minnesota, Inc., established
4.2after July 1, 2003, under section
4.3organization.
4.4EFFECTIVE DATE.This section is effective January 1, 2012.
4.5 Sec. 3. Minnesota Statutes 2010, section 179A.01, is amended to read:
4.6179A.01 PUBLIC POLICY.
4.7(a) It is the public policy of this state and the purpose of sections
4.9and their employees. This policy is subject to the paramount right of the citizens of this
4.10state to keep inviolate the guarantees for their health, education, safety, and welfare.
4.11(b) The relationships between the public, public employees, and employer governing
4.12bodies involve responsibilities to the public and a need for cooperation and employment
4.13protection which are different from those found in the private sector. The importance or
4.14necessity of some services to the public can create imbalances in the relative bargaining
4.15power between public employees and employers. As a result, unique approaches to
4.16negotiations and resolutions of disputes between public employees and employers are
4.17necessary.
4.18(c) Unresolved disputes between the public employer and its employees are injurious
4.19to the public as well as to the parties. Adequate means must be established for minimizing
4.20them and providing for their resolution. Within these limitations and considerations, the
4.21legislature has determined that overall policy is best accomplished by:
4.22(1) granting public employees certain rights to organize and choose freely their
4.23representatives;
4.24(2) requiring public employers to meet and negotiate with public employees in
4.25an appropriate bargaining unit and providing that the result of bargaining be in written
4.26agreements; and
4.27(3) establishing special rights, responsibilities, procedures, and limitations regarding
4.28public employment relationships which will provide for the protection of the rights of the
4.29public employee, the public employer, and the public at large.
4.30
4.31
4.32EFFECTIVE DATE.This section is effective January 1, 2012.
