As most of you know, the Minnesota Public Employment Relations Board, or PERB, was back in business, effective July 1, 2023.  With all of the new changes to PELRA and rights for public employees, many of you may be wondering how many employee groups (or employers) have taken advantage of the reinvigorated Board.  In short, not many.  All of the docketed charges can be found here.

In total, there have been 8 total claims made in just over three months.  Not surprisingly, all of the charges have been filed by unions, with AFSCME Council 5 leading the way.

As far as the nature of the charges, the majority have fallen under Minn. Stat. §179A.13, subd. 2 (1), interfering, restraining, or coercing employees in the exercise of the rights guaranteed under PELRA, and Minn. Stat. §179A.13, subd. 2 (5), refusing to meet and negotiate in good faith with the exclusive representative of its employees in an appropriate unit.

While we don’t know the background for the charges, with the recent changes in PELRA’s definition of terms and conditions of employment, it is not surprising that employers are being accused of refusing to meeting and negotiate with unions.  As many of us have come to find out, there is still a lot of gray area surrounding the 2023 legislative changes.  It will take some time, along with some decisions from courts, arbitrators, and the PERB to assist employers in determining what must be negotiated with employee groups.

We will keep our eyes on any developments from the PERB, and will keep you informed as the case law surrounding these unfair labor practice charges develops.  If you, or your organization need assistance in avoiding, or handling unfair labor practice charges when they occur, contact Wiley Reber Law, for legal advice that works.