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H.F. No. 3014 - Public Employment Relations Board Establishment (The Unofficial Engrossment)
 
Author: Senator Sandra L. Pappas
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: April 28, 2014



 

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

Section 2 [Public Employee or Employee] makes employees of charitable hospitals "public employees" for purposes of:  being subject to and being able to bring an action for unfair labor practices; appealing a decision of the Commissioner of the Bureau of Mediation Services to the board; and appealing the decision of the board to the Court of Appeals.

Section 3 [Public Employer of Employer] makes charitable hospitals "public employers" for purposes of:  being subject to and being able to bring an action for an unfair labor practice; appealing a decision of the Commissioner of the Bureau of Mediation Services to the board; and appealing the decision of the board to the Court of Appeals.

Section 4 [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 5 [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 convene 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 of, or a member of, a party in the case.

Section 6 [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 7 [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 8 [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 9 [Exclusions] adds employees of the PER Board to the list of employees excluded from any appropriate unit.

Section 10 [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 11 [Unfair Labor Practices Involving Charitable Hospitals] authorizes employees of charitable hospitals or other persons or organizations aggrieved by an unfair labor practice to file an unfair labor practice charge with the board.

Section 12 [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. 

Section 13 [Effective Date] makes sections 1 to 3 and 6 to 11 effective July 1, 2015.  Sections 4, 5, and 12 are effective July 1, 2014.

 

 
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