HF1236

HF1236 (Legislative Session 94 (2025-2026))

Authority for exclusive representatives to charge fair share fees removed.

Related bill: SF1692

AI Generated Summary

This Minnesota House bill (H.F. No. 1236) proposes changes to laws governing public employment and labor relations by removing the authority for exclusive representatives (i.e., labor unions) to charge fair share fees to non-union members.

Key provisions of the bill: 1. Amendments to Existing Statutes: The bill modifies multiple sections of Minnesota Statutes (179A.04, 179A.051, 179A.102, 179A.60, 256B.0711, and 402A.40) to eliminate references to fair share fees, which are fees collected from non-union employees for collective bargaining services. 2. Responsibilities of the Commissioner of Employment Relations: The bill revises the duties of the commissioner regarding petitions, mediation services, arbitration, unit certification, and election processes to remove elements related to fair share fee disputes. 3. Impact on Court Employees & Joint Powers Entities: The bill changes procedures regarding labor representation and the transition of bargaining agreements in court administration and public employment under joint powers agreements. 4. Repeal of Certain Statutory Provisions: The bill repeals Minnesota Statutes 2024, sections 179A.03, subdivision 9, and 179A.06, subdivision 3, which pertain to the definition and collection of fair share fees.

Purpose:

This bill aligns with court rulings, such as Janus v. AFSCME (2018), which held that forcing public employees to pay fair share fees violates the First Amendment. The bill seeks to remove Minnesota state provisions inconsistent with this ruling, ensuring that public employees are no longer required to pay union fees if they choose not to join a union.

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Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
February 19, 2025	House	Floor	Action	Introduction and first reading, referred to	Workforce, Labor, and Economic Development Finance and Policy

Citations

[
  {
    "analysis": {
      "added": [
        "New responsibilities and procedural clarifications for the commissioner."
      ],
      "removed": [],
      "summary": "This section addresses the commissioner's role in handling petitions related to certification or decertification of exclusive representatives and fair share fee challenges.",
      "modified": [
        "Minor adjustments in procedural language and responsibilities."
      ]
    },
    "citation": "179A.04"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section outlines the appeals process for the commissioner's decisions regarding supervisory, confidential, essential, and professional employees.",
      "modified": [
        "Clarification on the appeal process to the court of appeals and the board."
      ]
    },
    "citation": "179A.051"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section concerns the responsibilities of the exclusive representatives of court employees in contract negotiations.",
      "modified": [
        "Adjusted duties for exclusive representatives based on jurisdictional changes."
      ]
    },
    "citation": "179A.102"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section deals with the negotiation and administration responsibilities of the exclusive representative of employees in joint powers entities.",
      "modified": [
        "Clarified the timeline and scope of responsibilities for representatives."
      ]
    },
    "citation": "179A.60"
  },
  {
    "analysis": {
      "added": [
        "New requirements for commissioner actions and provider employment processes."
      ],
      "removed": [],
      "summary": "Duties of the commissioner of human services related to the employment of individual providers in certain programs.",
      "modified": [
        "Updated terms regarding employment, training, and registry establishment."
      ]
    },
    "citation": "256B.0711"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Contract and representation responsibilities for exclusive representatives in service delivery authorities.",
      "modified": [
        "Detailed responsibilities and rights transfer timings for representatives."
      ]
    },
    "citation": "402A.40"
  }
]