1.1 	A bill for an act
1.2 	relating to labor relations; revising procedures for
1.3 	bargaining between school boards and teachers;
1.4 	amending Minnesota Statutes 2004, sections 179A.16,
1.5 	subdivision 7, by adding a subdivision; 179A.17,
1.6 	subdivision 1; 179A.18, subdivision 2; repealing
1.7 	Minnesota Statutes 2004, section 123B.05.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 179A.16, is
1.10 	amended by adding a subdivision to read:
1.11 		Subd. 1a.Teachers. For contracts between exclusive
1.12 	representatives of teachers and public employers of teachers
1.13 	other than the state, procedures for negotiation of agreements,
1.14 	mediation, and interest arbitration shall be as otherwise
1.15 	provided in chapter 179A until September 1 of the odd-numbered
1.16 	year.  If the public employer and the exclusive representative
1.17 	of the teachers have not signed a collective bargaining
1.18 	agreement or submitted the unresolved items to interest
1.19 	arbitration according to this section on or before September 1
1.20 	of the odd-numbered year, the commissioner shall request
1.21 	necessary information from the parties, shall determine the
1.22 	matters not agreed upon based on the efforts to mediate the
1.23 	dispute and the positions submitted by the parties during
1.24 	negotiations or mediation, and shall prepare a list of the items
1.25 	to be decided by an arbitrator or arbitration panel.  The
1.26 	commissioner shall submit the list of items to be decided by an
2.1 	arbitrator or arbitration panel to the parties.  Within 15 days
2.2 	of its receipt of the list of items to be decided by an
2.3 	arbitrator or arbitration panel, each party shall submit its
2.4 	final position on the items in dispute.  Those items in dispute
2.5 	shall be submitted to final-offer total-package interest
2.6 	arbitration unless the parties mutually agree to conventional or
2.7 	final-offer item-by-item arbitration.  The provisions of this
2.8 	section shall be applicable to all other matters relating to the
2.9 	interest arbitration and the result shall be final and binding
2.10 	on the parties.

2.11 	Sec. 2. Minnesota Statutes 2004, section 179A.16,
2.12 	subdivision 7, is amended to read:
2.13 		Subd. 7.Decision by the arbitrator or panel.  The
2.14 	decision must be issued by the arbitrator or a majority vote of
2.15 	the panel.  The decision must resolve the issues in dispute
2.16 	between the parties as submitted by the commissioner.  For
2.17 	principals and assistant principals, the arbitrator or panel is
2.18 	restricted to selecting between the final offers of the parties
2.19 	on each impasse item. Except as provided in subdivision 1a,for
2.20 	other employees, if the parties agree in writing, the arbitrator
2.21 	or panel is restricted to selecting between the final offers of
2.22 	the parties on each impasse item, or the final offer of one or
2.23 	the other parties in its entirety.  In considering a dispute and
2.24 	issuing its decision, the arbitrator or panel shall consider the
2.25 	statutory rights and obligations give primary consideration to
2.26 	the ability of public employers to efficiently manage and
2.27 	conduct their operations within the legal limitations
2.28 	surrounding the financing of these operations without taking
2.29 	action to raise new revenues and without significantly
2.30 	diminishing the quality or level of services offered.  For
2.31 	school district employees, the decision must also comply with
2.32 	section 123B.749.  The decision is final and binding on all
2.33 	parties.
2.34 	The arbitrator or panel shall render its decision within 30
2.35 	days from the date that all arbitration proceedings have
2.36 	concluded.  The arbitrator or panel may not request that the
3.1 	parties waive their right to have the decision rendered within
3.2 	30 days, unless the commissioner grants an extension of the
3.3 	deadline.  The commissioner shall remove from the roster for six
3.4 	months the name of any arbitrator who does not render the
3.5 	decision within 30 days or within the extension granted by the
3.6 	commissioner.  The commissioner shall adopt rules establishing
3.7 	criteria to be followed in determining whether an extension
3.8 	should be granted.  The decision must be for the period stated
3.9 	in the decision, except that decisions determining contracts for
3.10 	teacher units are effective to the end of the contract period
3.11 	determined by section 179A.20.
3.12 	The arbitrator or panel shall send its decision to the
3.13 	commissioner, the appropriate representative of the public
3.14 	employer, and the employees.  If any issues submitted to
3.15 	arbitration are settled voluntarily before the arbitrator or
3.16 	panel issues a decision, the arbitrator or panel shall report
3.17 	the settlement to the commissioner.
3.18 	The parties may, at any time before or after issuance of a
3.19 	decision of the arbitrator or panel, agree upon terms and
3.20 	conditions of employment regardless of the terms and conditions
3.21 	of employment determined by the decision.  The parties shall, if
3.22 	so agreeing, execute a written contract or memorandum of
3.23 	contract.

3.24 	Sec. 3. Minnesota Statutes 2004, section 179A.17,
3.25 	subdivision 1, is amended to read:
3.26 		Subdivision 1.For teachers.  If a new or different
3.27 	exclusive representative of teachers employed by a local school
3.28 	district is certified by the commissioner at any time other than
3.29 	the period between 120 days before the termination date of a
3.30 	contract and the termination date of the contract, or if on July
3.31 	1 of any odd-numbered year a representation proceeding involving
3.32 	the employer and the employer's teachers is before the
3.33 	commissioner, section 179A.18, subdivision 2, clause (1),shall
3.34 	apply.  In those cases, however, the employer and the exclusive
3.35 	representative of the teachers shall execute a written contract
3.36 	or memorandum of contract no later than 60 days after a
4.1 	certification by the commissioner of a new or different
4.2 	exclusive representative or the resolution by the commissioner
4.3 	of a representation proceeding.  Either party may petition the
4.4 	commissioner for assistance in reaching an agreement.  If the
4.5 	employer and the exclusive representative of the teachers fail
4.6 	to execute a contract by 60 days after the certification of a
4.7 	new or different exclusive representative or the resolution by
4.8 	the commissioner of a representation proceeding, they shall be
4.9 	conclusively presumed to be at an impasse after having
4.10 	participated in mediation as specified in section 179A.18,
4.11 	subdivision 2, clause (1)(b) the provisions of section 179A.16,
4.12 	subdivision 1a, shall then be applicable as though agreement had
4.13 	not been reached by September 1 of the odd-numbered year.

4.14 	Sec. 4. Minnesota Statutes 2004, section 179A.18,
4.15 	subdivision 2, is amended to read:
4.16 		Subd. 2.School district requirements. Except as
4.17 	otherwise provided by section 179A.17, subdivision 1,Teachers
4.18 	employed by a local school district, other than principals and
4.19 	assistant principals, may strike only under the following
4.20 	circumstances:
4.21 	(1)(a) the collective bargaining agreement between their
4.22 	exclusive representative and their employer has expired or, if
4.23 	there is no agreement, impasse under section 179A.17,
4.24 	subdivision 1, has occurred; and 
4.25 	(b) the exclusive representative and the employer have
4.26 	participated in mediation over a period of at least 30 days.
4.27 	For the purposes of this subclause the mediation period
4.28 	commences on the day that a mediator designated by the
4.29 	commissioner first attends a conference with the parties to
4.30 	negotiate the issues not agreed upon; and 
4.31 	(c) neither party has requested interest arbitration or a
4.32 	request for binding interest arbitration has been rejected; or 
4.33 	(2) if the employer violates section 179A.13, subdivision
4.34 	2, clause (9).

4.35 	Sec. 5. REPEALER.
 4.36 	Minnesota Statutes 2004, section 123B.05, is repealed.

5.1 	Sec. 6. EFFECTIVE DATE.
 5.2 	Sections 1 to 5 are effective July 1, 2005.