This summer, leading up to the July 1, 2023 deadline for some of the major changes in Minnesota employment and labor law, we’ll be discussing many of the major changes to come out of the Minnesota legislature during the 2023 session. Last week we discussed the banning of non-compete agreements in Minnesota. This week we’ll discuss the re-re-introduction of Minnesota’s favorite administrative board, the Public Employment Relations Board (“PERB”)!
For those who were not around earlier this decade, the PERB is a public board put in place to resolve unfair labor practice disputes between public employers and unions. The PERB has representatives from both management and labor, as well as a neutral party put in place to break up stalemates between the two conflicting parties. It was put on hold for two years back in 2021, but with the changes in the make up of the legislature it is back and better than ever!
First and foremost is the issue of funding. The PERB was originally brought back with a robust budget of $100,000 a year, allowing it to do literally nothing. However, for the years 2024 and 2025, the PERB will be appropriated $750,000 each year to assist with operations. That should assist the Board in both hiring and paying for investigators, as well as maintaining staff to keep it running for the foreseeable future.
The other changes taking place relate to the classification and distribution of data. First, the Board has been given the authority to disseminate personnel data to labor organizations directly, and to receive personnel data when it is ordered by the PERB, its employees or its agents.
The Minnesota Government Data Practices Act was also updated to include data collected by the PERB through its charge, investigation, and hearing procedures. To start, all data, with limited exceptions, maintained by the PERB about a charge of unfair labor practices and appeals of determinations are classified as protected nonpublic data or confidential data until they are admitted into evidence at a hearing. In addition, statements by individuals that are provided to the board are private data on individuals prior to being admitted into evidence at a hearing.
The PERB has the authority to make private, protected nonpublic, or confidential data accessible to any person or party “if the access will aid the implementation of chapters 179 and 179A or ensure due process protection of the parties.”
Finally, the bills made an exception to open meeting law rules, but exempting “meetings of the board when it is deliberating on the merits of unfair labor practice charges,… reviewing a recommended decision and order of a hearing officer,” or reviewing decisions of the BMS commissioner relating to unfair labor practice charges.
These changes are effective upon enactment. If the activity we saw in the brief previous operation of the PERB is an indicator for what we can expect for the future, we can expect a number of unfair labor practices to be filed in a short period of time. With a Board dedicated to receiving these complaints, and protections in place for those filing claims, unions and employees will be busy using the board to attack management action. Also keep in mind, in appropriate cases employers may file unfair labor practices as well. If you, or your organization, need assistance in defending (or in very rare cases, raising) unfair labor practice claims, contact Wiley Reber Law, for unfair labor practice experience that works.