Subdivision 1. General. (a) The commissioner shall perform the duties assigned to the commissioner by sections 3.855, 179A.01 to 179A.25 and this section.
(b) The commissioner shall be the state labor negotiator for purposes of negotiating and administering agreements with exclusive representatives of employees and shall perform any other duties delegated by the commissioner subject to the limitations in paragraph (c).
(c) The Board of Trustees of the Minnesota State Colleges and Universities may exercise the powers under this section for employees included in the units provided in clauses (9), (10), and (11) of section 179A.10, subdivision 2, except with respect to sections 43A.22 to 43A.31, which shall continue to be the responsibility of the commissioner. The commissioner shall have the right to review and comment to the Minnesota State Colleges and Universities on the board's final proposals prior to exchange of final positions with the designated bargaining units as well as any requests for interest arbitration. The legislature encourages the Board of Trustees, in coordination with the commissioner of management and budget and the Board of Regents of the University of Minnesota, to endeavor in collective bargaining negotiations to seek fiscal balance recognizing the ability of the employer to fund the agreements or awards. When submitting a proposed collective bargaining agreement to the Legislative Coordinating Commission and the legislature under section 3.855, subdivision 2, the Board of Trustees must use procedures and assumptions consistent with those used by the commissioner in calculating the costs of the proposed contract. The Legislative Coordinating Commission must, when considering a collective bargaining agreement or arbitration award submitted by the Board of Trustees, evaluate market conditions affecting the employees in the bargaining unit, equity with other bargaining units in the executive branch, and the ability of the trustees and the state to fund the agreement or award.
Subd. 2. Hearings. The commissioner shall represent the state at hearings conducted by the commissioner of the bureau of mediation services.
Subd. 3. Collective bargaining. The commissioner shall represent the state in all collective bargaining between the state and exclusive representatives, and shall represent the state in mediation and arbitration of collective bargaining disputes.
Subd. 4. Reports. The commissioner shall report to the Legislative Coordinating Commission pursuant to section 3.855.
Subd. 5. Interpretation of collective bargaining agreements. The commissioner shall be responsible for management interpretation of all collective bargaining agreements between the state and exclusive representatives and provide management personnel with training in the interpretation and application of these collective bargaining agreements.
Subd. 6. Grievances; arbitration. The commissioner shall oversee the administration of all written grievances arising under collective bargaining agreements between the state and an exclusive representative and shall represent the state at all grievance arbitrations.
Subd. 7. Grievance settlement. The commissioner shall have final authority to decide if a grievance shall be submitted to arbitration or if it shall be settled without arbitration.
Subd. 8. Unfair labor practice charges. The commissioner shall direct investigations and shall have authority to decide whether agencies in the executive branch shall settle unfair labor practice charges filed against the employer, appointing authorities or their agents pursuant to chapter 179A.
1981 c 210 s 6; 1984 c 462 s 27; 1987 c 186 s 15; 1992 c 582 s 2; 1994 c 532 art 4 s 1; 1995 c 212 art 4 s 64; 1995 c 248 art 2 s 7; 1996 c 398 s 23; 1997 c 156 s 2; 1999 c 182 s 5; 2001 c 133 s 1; 2008 c 204 s 13,14; 2017 c 89 art 2 s 1
Structure Minnesota Statutes
Chapter 43A — State Employment
Chapter 43A — State Personnel Management
Section 43A.04 — General Powers And Responsibilities Of Commissioner.
Section 43A.045 — Restructuring.
Section 43A.046 — Staff Reductions.
Section 43A.047 — Contracted Services.
Section 43A.05 — Powers And Responsibilities; Personnel.
Section 43A.06 — Powers And Responsibilities; Labor Relations.
Section 43A.07 — Classified Service.
Section 43A.071 — Service Worker.
Section 43A.08 — Unclassified Service.
Section 43A.10 — Selection Process; Eligibility To Compete.
Section 43A.11 — Veteran's Preference.
Section 43A.111 — Noncompetitive Appointment Of Certain Disabled Veterans.
Section 43A.121 — Ranking Of The Applicant Pool.
Section 43A.14 — Appointments.
Section 43A.15 — Noncompetitive And Qualifying Appointments.
Section 43A.16 — Probationary Periods.
Section 43A.17 — Salary Limits, Rates, Ranges And Exceptions.
Section 43A.18 — Total Compensation; Collective Bargaining Agreements; Plans.
Section 43A.181 — Unreimbursed Medical Costs Vacation Donation Program.
Section 43A.1815 — Vacation Donation To Sick Leave Account.
Section 43A.183 — Payment Of Salary Differential To Reserve Forces Who Report For Active Service.
Section 43A.184 — Sick Leave For Veterans With Service-related Disabilities.
Section 43A.185 — Disaster Volunteer Leave.
Section 43A.187 — Blood Donation Leave.
Section 43A.19 — Affirmative Action.
Section 43A.191 — Agency Affirmative Action Programs.
Section 43A.20 — Performance Appraisal And Pay.
Section 43A.21 — Training Programs.
Section 43A.22 — Benefits; Intent.
Section 43A.23 — Contracting Authority.
Section 43A.231 — Procurement Of A Pharmacy Benefit Manager And A Platform Technology Vendor.
Section 43A.24 — Eligibility For State Paid Insurance And Benefits.
Section 43A.241 — Insurance Contributions; Former Employees.
Section 43A.26 — Optional Coverages.
Section 43A.27 — Eligibility For Individual Paid Insurance And Benefits.
Section 43A.29 — Contributions By State.
Section 43A.30 — Payment Of Premiums.
Section 43A.31 — Administration.
Section 43A.311 — Drug Purchasing Program.
Section 43A.315 — State Employee Efficient Use Of Health Care Incentive Program.
Section 43A.316 — Public Employees Insurance Program.
Section 43A.317 — Minnesota Employees Insurance Program.
Section 43A.318 — Public Employees Group Long-term Care Insurance Program.
Section 43A.319 — Employee Assistance Program.
Section 43A.32 — Political Activities.
Section 43A.321 — Volunteer Firefighter And Rescue Workers; Agreements.
Section 43A.325 — Best Practices For Investigations.
Section 43A.345 — Early Retirement Incentive.
Section 43A.346 — Postretirement Option.
Section 43A.35 — Death Benefit For Retired Employees.
Section 43A.36 — Relationships With Other Agencies And Jurisdictions.
Section 43A.375 — Deduction For Expenses; Fraud Or Mistake.
Section 43A.38 — Code Of Ethics For Employees In The Executive Branch.
Section 43A.39 — Compliance With Law.
Section 43A.421 — Supported Work Program.
Section 43A.48 — Pretax Expense Accounts.
Section 43A.49 — Voluntary Unpaid Leave Of Absence.
Section 43A.50 — State Employee Combined Charities Campaign Registration.