Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 2506 - Public Employment Relations Board Establishment (First Engrossment)
 
Author: Senator Sandra L. Pappas
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: March 24, 2014



 

Section 1 [Board] adds a definition for “Board” to mean the Public Employment Relations  (PER) Board, created in this bill.

Section 2 [Other Duties] adds support and assistance to the PER Board to the list of duties of the commissioner of the Bureau of Mediation Services.

Section 3 [Public Employment Relations Board; Power, Authority, and Duties] establishes a Public Employment Relations Board.

Subdivision 1 [Membership] establishes a three-member board, consisting of the following: one member appointed by the governor who is an officer or employee of an exclusive representative of public employees; one member appointed by the governor who is representative of public employers; and one who is a representative of the public at large who is appointed by the other two members.

Subdivision 2 [Alternate members] establishes three alternate members to the board to serve in the event that one of the members has a conflict of interest.

Subdivision 3 [Terms; compensation] applies certain default provisions for terms (four years), compensation ($55 per day if authorized by the board, plus certain expenses), removal (for cause after notice and hearing, or after missing three consecutive meetings) and filling of vacancies (appointing authority appoints for the unexpired term).

Subdivision 4 [Rules; meetings] requires the board to adopt rules governing its procedure and hold meetings as prescribed by those rules. Requires the chair to covene and preside at meetings.

Subdivision 5 [Powers] authorizes the board to take actions specified later in the bill.

Subdivision 6 [Appeals] authorizes the board to hear and decide appeals from recommended decisions and orders relating to an unfair labor practice and determinations of the commissioner of the Bureau of Mediation Services.

Subdivision 7 [Rulemaking] requires the board to adopt rules governing the presentation of issues and the taking of appeals. Requires the board to decide issues and appeals on the record and permits the board to request additional evidence as necessary.

Subdivision 8 [Employees and contracts] permits the board to hire investigators, hearing officers, and other employees.

Subdivision 9 [Conflict of interest] requires a member to disclose a conflict of interest in a case before the board and precludes the member from taking action in a case in which the member has a conflict of interest.  Provides for the member to be replaced with an alternate for the case.  A member has a conflict of interest in a case if the member is employed by, is an officer of, a member of the governing body or, or a member of a party in the case.

EFFECTIVE DATE.  This section is effective July 1, 2014.  The board must be established and prepared to hear and decide rules by July 1, 2015.

Section 4 [Appeals of Commissioner's Decisions] permits appeal to the PER Board if the appeal is filed within 30 days after service of the commissioner’s decision.

Section 5 [Appeals of  Board's Decisions] permits appeal of board decisions to the Court of Appeals on writ of certiorari. Specifies timing and service details for appeal.

Section 6 [Concerted Activity] permits public employees to have the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 

Section 7 [Exclusions] adds the PER Board to the list of employees excluded from any appropriate unit.

Section 8 [Unfair Labor Practices] details the board’s role in and procedures for acting on a charge of unfair labor practice filed by an employee with the board.  Includes investigation, holding hearings, making determinations, filing a compliant, ordering certain actions, and other actions.

Section 9 [Appropriations; Initial Assistance] appropriates $125,000 in fiscal year 2015 from the general fund to the commissioner of the Bureau of Mediation Services for the board.  This appropriation is added to the base. Requires the commissioner of the Bureau of Mediation Services to call the first meeting of the board and assist the board’s operation.  This section is effective July 1, 2014.

Section 10 [Effective Date] makes all sections, except sections 3 and 9, are effective July 1, 2015.

 

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 03/24/2014
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn