Well, it was good while it lasted, but the good times can’t last forever. Beginning in July of 2023, the Minnesota Public Employment Relations Board (PERB) will be returning in full force and effect – this time with more money!
A current bill is set to be enacted. Along with updates to the data laws surrounding both the board’s access to employee data and the status of data provided to the board as part of its unfair labor practice hearing process, the board is set to receive $750,000 per year in fiscal years 2024 and 2025.
In both bills, the Minnesota Government Data Practices Act is being altered to allow for access to private personnel data by both the Bureau of Mediation Services and the PERB. In addition, the laws classify charge, complaint data, and statements by individuals to the board, prior to being admitted into evidence at a hearing conducted by the PERB.
The bills also classify as public the following data:
- The filing date of unfair labor practice charges;
- The status of unfair labor practice charges as an original or amended charge;
- The names and job classifications of charging parties and charged parties;
- The provisions of law alleged to have been violated in unfair labor practice charges;
- The complaint issued by the board; and
- Unless subject to a protective order:
(i) the full and complete record of an evidentiary hearing before a hearing officer, including the hearing transcript, exhibits admitted into evidence, and post hearing briefs;
(ii) recommended decisions and orders of hearing officers pursuant to section 179A.13, subdivision 1, paragraph (i);
(iii) exceptions to the hearing officer’s recommended decision and order filed with the board pursuant to section 179A.13, subdivision 1, paragraph (k);
(iv) party and nonparty briefs filed with the board; and
(v) decisions and orders issued by the board.
On top of this, the board has also been given the power to make private data accessible to parties if it believes it will aid the implementation of resolving issues under PELRA.
What this means for us on the management side of things is that after a brief respite, we are headed back to the world of quick unfair labor practice claims and additional headaches (on top of everything else for which we’re responsible). Unions and employers will be able to file charges quickly, and without attesting to the veracity of their charges prior to filing them with the board. But just because the setting for the charges are less formal than court does not mean they need to be treated with less attention. It is important, from the very beginning, for an employer to be on the ball with its responses to charges, as well as defenses for the allegations, and the timelines in the this forum are accelerated.
If you, or your organization, are in need of assistance in defending yourselves against current or future allegations of unfair labor practices, contact Wiley Reber Law, for legal advice that works.