Subdivision 1. Nondisplacement protection. For job assignments under jobs programs established under this chapter or chapter 256 or 256D, the county agency must provide written notification to and obtain the written concurrence of the appropriate exclusive bargaining representatives with respect to job duties covered under collective bargaining agreements and ensure that no work assignment under this chapter or chapter 256 or 256D results in:
(1) termination, layoff, or reduction of the work hours of an employee for the purpose of hiring an individual under this section;
(2) the hiring of an individual if any other person is on layoff, including seasonal layoff, from the same or a substantially equivalent job;
(3) any infringement of the promotional opportunities of any currently employed individual;
(4) the impairment of existing contract for services of collective bargaining agreements; or
(5) a participant filling an established unfilled position vacancy, except for on-the-job training.
The written notification must be provided to the appropriate exclusive bargaining representatives at least 14 days in advance of placing recipients in temporary public service employment. The notice must include the number of individuals involved, their work locations and anticipated hours of work, a summary of the tasks to be performed, and a description of how the individuals will be trained and supervised.
Subd. 2. Dispute resolution. (a) If there is a dispute between an exclusive bargaining representative and a county provider or employer over whether job duties are within the scope of a collective bargaining unit, the exclusive bargaining representative, the county, the provider, or the employer may petition the Bureau of Mediation Services to determine if the job duties are within the scope of a collective bargaining unit, and the bureau shall render a binding decision.
(b) In the event of a dispute under this section, the parties may:
(1) use a grievance and arbitration procedure of an existing collective bargaining agreement to process a dispute over whether a violation of the nondisplacement provisions has occurred; or
(2) if no grievance and arbitration procedure is in place, either party may submit the dispute to the bureau. The commissioner of the Bureau of Mediation Services shall establish a procedure for a neutral, binding resolution of the dispute.
Subd. 3. Status of participant. A participant may not work in a temporary public service or community service job for a public employer for more than 67 working days or 536 hours, whichever is greater, as part of a work program established under this chapter or chapter 256 or 256D. A participant who exceeds the time limits in this subdivision is a public employee, as that term is used in chapter 179A. Upon the written request of the exclusive bargaining representative, a county or public service employer shall make available to the affected exclusive bargaining representative a report of hours worked by participants in temporary public service or community service jobs.
1997 c 85 art 1 s 57; 2013 c 107 art 4 s 20,21
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 256J — Minnesota Family Investment Program
Section 256J.01 — Establishing Minnesota Family Investment Program.
Section 256J.02 — Federal Tanf Block Grant.
Section 256J.021 — Separate State Program For Use Of State Money.
Section 256J.06 — Community Involvement.
Section 256J.08 — Definitions.
Section 256J.09 — Applying For Assistance.
Section 256J.10 — Mfip Eligibility Requirements.
Section 256J.11 — Citizenship.
Section 256J.12 — Minnesota Residence.
Section 256J.13 — Minor Child In Assistance Unit; Physical Presence.
Section 256J.14 — Eligibility For Parenting Or Pregnant Minors.
Section 256J.15 — Other Eligibility Conditions.
Section 256J.21 — Income Limitations.
Section 256J.24 — Family Composition; Assistance Standards; Exit Level.
Section 256J.26 — Persons Ineligible; Vendor Payments.
Section 256J.28 — Supplemental Nutrition Assistance Program.
Section 256J.30 — Applicant And Participant Requirements And Responsibilities.
Section 256J.31 — Applicant And Participant Rights; County Agency Duty.
Section 256J.315 — County And Tribal Cooperation.
Section 256J.32 — Documenting, Verifying, And Recertifying Eligibility.
Section 256J.33 — Prospective And Retrospective Mfip Eligibility.
Section 256J.34 — Calculating Assistance Payments.
Section 256J.35 — Amount Of Assistance Payment.
Section 256J.351 — Housing Assistance Grants; Forecasted Program.
Section 256J.36 — Allocation For Unmet Need Of Other Household Members.
Section 256J.37 — Treatment Of Income And Lump Sums.
Section 256J.39 — Payment Provisions; Vendor Payments.
Section 256J.395 — Vendor Payment Of Shelter Costs And Utilities.
Section 256J.396 — Support From Parents Of Minor Caregivers Living Apart.
Section 256J.40 — Fair Hearings.
Section 256J.415 — Notice Of 12 Months Of Tanf Assistance Remaining.
Section 256J.42 — 60-month Time Limit; Exemptions.
Section 256J.425 — Hardship Extensions.
Section 256J.45 — Orientation.
Section 256J.49 — Employment And Training Services; Definitions.
Section 256J.50 — County Duties.
Section 256J.51 — Employment And Training Service Provider Appeal.
Section 256J.515 — Overview Of Employment And Training Services.
Section 256J.521 — Assessment; Employment Plans.
Section 256J.53 — Postsecondary Education As Approved Work Activity.
Section 256J.531 — Basic Education; English As A Second Language.
Section 256J.54 — Minor Parents; Employment Plan.
Section 256J.545 — Family Violence Waiver Criteria.
Section 256J.55 — Participant Requirements, Rights, And Expectations.
Section 256J.561 — Universal Participation Required.
Section 256J.57 — Good Cause Exemption From Sanction.
Section 256J.575 — Family Stabilization Services.
Section 256J.61 — Reporting Requirements.
Section 256J.621 — Work Participation Cash Benefits.
Section 256J.626 — Mfip Consolidated Fund.
Section 256J.645 — Indian Tribe Mfip Employment Services.
Section 256J.66 — On-the-job Training.
Section 256J.67 — Community Work Experience.
Section 256J.68 — Injury Protection For Work Experience Participants.
Section 256J.69 — Grant Diversion.
Section 256J.72 — Nondisplacement In Work Activities.
Section 256J.74 — Relationship To Other Programs.
Section 256J.75 — County Of Financial Responsibility Policies.
Section 256J.751 — County Performance Management.
Section 256J.77 — Aging Of Cash Benefits.
Section 256J.78 — Tanf Demonstration Projects Or Waiver From Federal Rules And Regulations.