1.1                          A bill for an act
  1.2             relating to labor; establishing rights and duties in 
  1.3             relation to union organization; providing that certain 
  1.4             acts are an unfair labor practice; providing 
  1.5             penalties; amending Minnesota Statutes 1996, sections 
  1.6             179.12; 179A.07, by adding a subdivision; and 179A.13, 
  1.7             subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 179.12, is 
  1.10  amended to read: 
  1.11     179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.] 
  1.12     It is an unfair labor practice for an employer: 
  1.13     (1) To institute a lockout of its employees in violation of 
  1.14  a valid collective bargaining agreement between the employer and 
  1.15  its employees or labor organization if the employees at the time 
  1.16  are in good faith complying with the provisions of the 
  1.17  agreement, or to violate the terms and conditions of the 
  1.18  bargaining agreement; 
  1.19     (2) To institute a lockout of its employees in violation of 
  1.20  section 179.06 or 179.07; 
  1.21     (3) To encourage or discourage membership in a labor 
  1.22  organization by discrimination in regard to hire or tenure of 
  1.23  employment or any terms or conditions of employment; provided, 
  1.24  that this clause does not apply to the provisions of collective 
  1.25  bargaining agreements entered into voluntarily by an employer 
  1.26  and its employees or a labor organization representing the 
  2.1   employees as a bargaining agent, as provided by section 179.16; 
  2.2      (4) To refuse to allow a representative of a labor 
  2.3   organization to be present at a meeting with employees where the 
  2.4   employer provides information intended to discourage employees 
  2.5   from voting for certification of the labor organization as their 
  2.6   exclusive representative in collective bargaining with the 
  2.7   employer; 
  2.8      (5) To discharge or otherwise to discriminate against an 
  2.9   employee because the employee has signed or filed an affidavit, 
  2.10  petition, or complaint or given information or testimony under 
  2.11  this chapter; 
  2.12     ~~(5)~~ (6) To spy directly or through agents or any other 
  2.13  persons upon activities of employees or their representatives in 
  2.14  the exercise of their legal rights; 
  2.15     ~~(6)~~ (7) To distribute or circulate a blacklist of 
  2.16  individuals exercising a legal right or of members of a labor 
  2.17  organization for the purpose of preventing individuals who are 
  2.18  blacklisted from obtaining or retaining employment; 
  2.19     ~~(7)~~ (8) To engage or contract for the services of a person 
  2.20  who is an employee of another if the employee is paid a wage 
  2.21  that is less than the wage to be paid by the engaging or 
  2.22  contracting employer under an existing union contract for work 
  2.23  of the same grade or classification; 
  2.24     ~~(8)~~ (9) Willfully and knowingly to utilize a professional 
  2.25  strikebreaker to replace an employee or employees involved in a 
  2.26  strike or lockout at a place of business located within this 
  2.27  state; 
  2.28     ~~(9)~~ (10) To grant or offer to grant the status of permanent 
  2.29  replacement employee to a person for performing bargaining unit 
  2.30  work for an employer during a lockout of employees in a labor 
  2.31  organization or during a strike of employees in a labor 
  2.32  organization authorized by a representative of employees; 
  2.33     ~~(10)~~ (11) The violation of clauses (2), (4), (5), (6), (7), 
  2.34  (8), ~~and~~ (9), and (10) are unlawful acts.  
  2.35     Sec. 2.  Minnesota Statutes 1996, section 179A.07, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 3a.  [EQUAL PRESENCE.] A public employer shall permit 
  3.2   a representative of an employee organization to be present at 
  3.3   any meeting with employees where the employer presents 
  3.4   information intended to discourage employees from voting for 
  3.5   certification of the employee organization as their exclusive 
  3.6   representative in collective bargaining with the employer. 
  3.7      Sec. 3.  Minnesota Statutes 1996, section 179A.13, 
  3.8   subdivision 2, is amended to read: 
  3.9      Subd. 2.  [EMPLOYERS.] Public employers, their agents and 
  3.10  representatives are prohibited from:  
  3.11     (1) interfering, restraining, or coercing employees in the 
  3.12  exercise of the rights guaranteed in sections 179A.01 to 
  3.13  179A.25; 
  3.14     (2) dominating or interfering with the formation, 
  3.15  existence, or administration of any employee organization or 
  3.16  contributing other support to it; 
  3.17     (3) discriminating in regard to hire or tenure to encourage 
  3.18  or discourage membership in an employee organization; 
  3.19     (4) discharging or otherwise discriminating against an 
  3.20  employee because the employee has signed or filed an affidavit, 
  3.21  petition, or complaint or given information or testimony under 
  3.22  sections 179A.01 to 179A.25; 
  3.23     (5) refusing to meet and negotiate in good faith with the 
  3.24  exclusive representative of its employees in an appropriate 
  3.25  unit; 
  3.26     (6) refusing to comply with grievance procedures contained 
  3.27  in an agreement; 
  3.28     (7) distributing or circulating a blacklist of individuals 
  3.29  exercising a legal right or of members of a labor organization 
  3.30  for the purpose of preventing blacklisted individuals from 
  3.31  obtaining or retaining employment; 
  3.32     (8) violating rules established by the commissioner 
  3.33  regulating the conduct of representation elections; 
  3.34     (9) refusing to comply with a valid decision of a binding 
  3.35  arbitration panel or arbitrator; 
  3.36     (10) violating or refusing to comply with any lawful order 
  4.1   or decision issued by the commissioner; 
  4.2      (11) refusing to provide, upon the request of the exclusive 
  4.3   representative, all information pertaining to the public 
  4.4   employer's budget both present and proposed, revenues, and other 
  4.5   financing information provided that in the executive branch of 
  4.6   state government this clause may not be considered contrary to 
  4.7   the budgetary requirements of sections 16A.10 and 16A.11; ~~or~~ 
  4.8      (12) granting or offering to grant the status of permanent 
  4.9   replacement employee to a person for performing bargaining unit 
  4.10  work for the employer during a lockout of employees in an 
  4.11  employee organization or during a strike authorized by an 
  4.12  employee organization that is an exclusive representative; or 
  4.13     (13) refusing to permit a representative of an employee 
  4.14  organization to be present at any meeting with employees where 
  4.15  the employer provides information intended to discourage 
  4.16  employees from voting for certification of the employee 
  4.17  organization as their exclusive representative in collective 
  4.18  bargaining with the employer.