SF1692

SF1692 (Legislative Session 94 (2025-2026))

Authority for exclusive representatives removal to charge fair share fees

Related bill: HF1236

AI Generated Summary

This bill proposes to eliminate the authority of labor unions representing public employees in Minnesota to charge "fair share" fees to non-members. Fair share fees are payments that non-union employees in a unionized workplace are required to pay to the union for collective bargaining and other representation activities.

Key provisions of the bill:

Amendments to Existing Laws – The bill alters multiple sections of Minnesota law related to public employment and labor relations to remove language that allows unions to collect fair share fees from non-members.
Changes to Duties of the Commissioner of the Bureau of Mediation Services – The bill revises the commissioner’s responsibilities to exclude fair share fee challenges and references to fair share fee collection.
Collective Bargaining Adjustments – The bill modifies provisions regarding union representation, negotiation, and administration of labor contracts to eliminate references to the collection of fair share fees.
Impact on Public Employees – The bill affects various categories of public employees, including court employees, employees of joint powers entities, individual providers of health and human services, and service delivery authority employees.
Repeals Certain Statutory Provisions – The bill repeals two sections of Minnesota law (179A.03 subdivision 9 and 179A.06 subdivision 3) that pertain to the definition and collection of fair share fees.

In effect, this bill would prevent unions from collecting fees from public employees who choose not to join the union but still benefit from collective bargaining agreements, aligning Minnesota law with the 2018 U.S. Supreme Court decision in Janus v. AFSCME, which ruled that mandatory fair share fees for public-sector unions violate the First Amendment rights of non-members.

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
February 19, 2025	Senate	Floor	Action	Introduction and first reading
February 19, 2025	Senate	Floor	Action	Referred to	State and Local Government

Citations

[
  {
    "analysis": {
      "added": [
        "The commissioner shall accept and investigate all petitions and hear and decide all issues in a fair share fee challenge."
      ],
      "removed": [],
      "summary": "This bill modifies the duties of the commissioner regarding fair share fee challenges under section 179A.04 subdivision 1.",
      "modified": []
    },
    "citation": "179A.04 subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Provision for assisting parties after submitting final positions for interest arbitration.",
        "Public availability of grievance arbitration decisions."
      ],
      "removed": [],
      "summary": "The bill amends section 179A.04 subdivision 3 to outline other duties of the commissioner, including mediation and arbitration services.",
      "modified": []
    },
    "citation": "179A.04 subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Decisions relating to unfair labor practices may be appealed to the board."
      ],
      "removed": [],
      "summary": "This bill modifies the appeals process of the commissioner's decisions under section 179A.051.",
      "modified": []
    },
    "citation": "179A.051"
  },
  {
    "analysis": {
      "added": [
        "Provisions for administration of grievances arising under previous contracts."
      ],
      "removed": [],
      "summary": "Amendments clarify contract and representation responsibilities of exclusive representatives of court employees.",
      "modified": []
    },
    "citation": "179A.102 subdivision 6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is amended to specify contract negotiations and administration by exclusive representatives.",
      "modified": [
        "Clarifies the responsibilities during negotiations and grievance filing until a new agreement is in place."
      ]
    },
    "citation": "179A.60 subdivision 7"
  },
  {
    "analysis": {
      "added": [
        "Modification of program operations for proper classification of individual providers."
      ],
      "removed": [],
      "summary": "This bill amends the duties of the commissioner of human services regarding employment and support for individual providers.",
      "modified": []
    },
    "citation": "256B.0711 subdivision 4"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Clarifies contract and representation responsibilities related to service delivery authority.",
      "modified": [
        "Specifies the rights and responsibilities upon creation of a service delivery authority."
      ]
    },
    "citation": "402A.40 subdivision 6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Previously defined fair share fee obligations."
      ],
      "summary": "This section is repealed as part of the bill modifications.",
      "modified": []
    },
    "citation": "179A.03 subdivision 9"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        "Allowed exclusive representatives to charge fair share fees."
      ],
      "summary": "Repealer of fair share fee deductions under section 179A.06 subdivision 3.",
      "modified": []
    },
    "citation": "179A.06 subdivision 3"
  }
]