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S.F. No. 2490 - Public Employment Joint Powers Agreement Employee Protections Authorization - First Engrossment
 
Author: Senator David J. Tomassoni
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: March 24, 2014



 

Section 1 [Joint Powers Agreement] provides for the transition of exclusive representation of employees under the Public Employee Labor Relations Act (PELRA) when governmental units (“members”) form a joint powers entity.

Subdivision 1 [Definitions] defines “entity” and “member.”

Subdivision 2 [Application] establishes that this section applies to initial certification and decertification of an exclusive representative for a joint powers entity.  Makes employees of an entity public employees and makes joint powers entities public employers for purposes of PELRA.

Subdivision 3 [Certification and decertification] requires the Bureau of Mediation Services to follow the PELRA process for determining initial certification and decertification of an exclusive representative for appropriate units of employees of a newly formed joint powers entity.

Subdivision 4 [Existing collective bargaining agreements] provides that an existing collective bargaining agreement covering employees of a governmental unit shall remain in effect when that governmental unit forms a joint powers entity until a new agreement becomes effective.  The existing agreement shall be enforced by the exclusive representative certified to represent the governmental unit’s employees until a new exclusive representative is certified.

Subdivision 5 [Contract negotiations and administration] requires the exclusive representative of employees of the joint powers entity to be responsible to negotiate a new collective bargaining agreement, file grievances, and otherwise administer the prior collective bargaining agreement until a new collective bargaining agreement is agreed to.   Authorizes the exclusive representative of employees of the joint powers entity to receive dues or fair share fees.

Subdivision 6 [Investigation and discipline] permits a joint powers entity to discipline an employee for just cause who, at the time the joint powers entity was formed, would have been subject to discipline by the member. Permits the exclusive representative of an employee of a joint powers entity to file a grievance under the collective bargaining agreement that covered the employee prior to formation of the joint powers entity or under the new collective bargaining agreement after it is agreed to.

Subdivision 7 [Entity not covered] states that, under certain circumstances, the formation of a joint power does not create an “entity” within the meaning of this section.  This section will not apply if, by the terms of the joint powers contract, no employee’s employment is terminated, employees continue to work for the same employer, continue to be covered by the same collective bargaining agreement, and continue to do the same or similar work after formation of the joint power as before.

Subdivision 8 [Employee personnel files] permits a new joint powers entity to get free copies of all public data on employees of the joint powers entity that was maintained by the members.

Subdivision 9 [Seniority] establishes that seniority must be based on the employees continuous service with a member and the employees service with the joint powers entity.

Subdivision 10 [Layoffs and recalls] requires that layoffs and recall must be based on seniority.  Recall rights must continue to apply until a new collective bargaining agreement is made.

EFFECTIVE DATE.  This section is effective January 15, 2015.

 

 
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