reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 177 — Labor Standards And Wages › Section 177.50 — Earned Sick And Safe Time Enforcement.

177.50 EARNED SICK AND SAFE TIME ENFORCEMENT.
Subdivision 1.
Definitions.
The definitions in section 181.9445 apply to this section.
Subd. 2.
Individual remedies.
An action to recover damages under section 181.944 for violation of sections 181.9445 to 181.9448 must be commenced within three years of the violation that caused the injury to the employee.
Subd. 3.
Grants to community organizations.
The commissioner may make grants to community organizations for the purpose of outreach to and education for employees regarding their rights under sections 181.9445 to 181.9448. The community-based organizations must be selected based on their experience, capacity, and relationships in high-violation industries. The work under such a grant may include the creation and administration of a statewide worker hotline.
Subd. 4.
Report to legislature.
(a) The commissioner must submit an annual report to the legislature, including to the chairs and ranking minority members of any relevant legislative committee. The report must include but is not limited to:
(1) a list of all violations of sections 181.9445 to 181.9448, including the employer involved, and the nature of any violations; and
(2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any patterns by employer, industry, or county.
(b) A report under this section must not include an employee's name or other identifying information, any health or medical information regarding an employee or an employee's family member, or any information pertaining to domestic abuse, sexual assault, or stalking of an employee or an employee's family member.
Subd. 5.
Contract for labor or services.
It is the responsibility of all employers to not enter into any contract or agreement for labor or services where the employer has any actual knowledge or knowledge arising from familiarity with the normal facts and circumstances of the business activity engaged in, or has any additional facts or information that, taken together, would make a reasonably prudent person undertake to inquire whether, taken together, the contractor is not complying or has failed to comply with this section. For purposes of this subdivision, "actual knowledge" means information obtained by the employer that the contractor has violated this section within the past two years and has failed to present the employer with credible evidence that such noncompliance has been cured going forward.
History:
2023 c 53 art 13 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.01 — Purposes.

178.01 PURPOSES.
The purposes of this chapter are: to open to all people regardless of race, sex, creed, color or national origin, the opportunity to obtain training and on-the-job learning that will equip them for profitable employment and citizenship; to establish as a means to this end, a program of voluntary apprenticeship under approved apprenticeship agreements providing facilities for their training and guidance in the arts, skills, and crafts of industry and trade or occupation, with concurrent, supplementary instruction in related subjects; to promote apprenticeship opportunities under conditions providing adequate training and on-the-job learning and reasonable earnings; to relate the supply of skilled workers to employment demands; to establish standards for apprentice training; to establish an Apprenticeship Board and apprenticeship committees to assist in effectuating the purposes of this chapter; to provide for a Division of Apprenticeship within the Department of Labor and Industry; to provide for reports to the legislature regarding the status of apprentice training in the state; to establish a procedure for the determination of apprenticeship agreement controversies; and to accomplish related ends.
History:
(4260-31) 1939 c 363 s 1; 1974 c 144 s 1; 2003 c 128 art 11 s 4; 2007 c 135 art 7 s 1; 2007 c 140 art 11 s 1; 2010 c 280 s 2; 2012 c 295 art 1 s 1; 2023 c 53 art 1 s 7
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.012 — Uniformity With Federal Law.

178.012 UNIFORMITY WITH FEDERAL LAW.
Subdivision 1.
Apprenticeship rules.
Federal regulations governing apprenticeship in effect on January 18, 2017, as provided by Code of Federal Regulations, title 29, parts 29, sections 29.1 to 29.6 and 29.11, and 30, are the apprenticeship rules in this state, subject to amendment by this chapter or by rule under section 178.041.
Subd. 2.
State Apprenticeship Agency.
The commissioner shall take all necessary steps as permitted by law to obtain and maintain the status of the division as a State Apprenticeship Agency recognized by the United States Department of Labor under Code of Federal Regulations, title 29, part 29, section 29.13.
History:
2014 c 305 s 2; 1Sp2021 c 10 art 3 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.02 — Apprenticeship Advisory Board.

178.02 APPRENTICESHIP ADVISORY BOARD.
Subdivision 1.
Members.
The commissioner shall appoint an Apprenticeship Advisory Board composed of three representatives each from employer and employee organizations, and two representatives of the general public. A designee of the commissioner of education responsible for career and technical education or designee shall be an ex officio member of the board and shall serve in an advisory capacity only.
Subd. 2.
Terms.
The board shall not expire. The terms, compensation, and removal of appointed members shall be as provided in section 15.059.
Subd. 3.
[Repealed, 1976 c 149 s 63]
Subd. 4.
Duties.
The board shall meet at the call of the commissioner and shall advise the commissioner about matters relating to this chapter. It shall propose occupational classifications for apprenticeship programs; propose minimum standards for apprenticeship programs and agreements; and advise on the establishment of such policies, procedures, and rules as the board or commissioner deems necessary in implementing the intent of this chapter.
History:
(4260-32) 1939 c 363 s 2; 1951 c 333 s 1; Ex1967 c 1 s 6; 1974 c 144 s 2; 1976 c 149 s 34; 1979 c 130 s 1; 1986 c 444; 1993 c 132 s 3; 1Sp1995 c 3 art 16 s 13; 1997 c 192 s 29; 2001 c 161 s 35; 1Sp2003 c 9 art 10 s 9; 2007 c 135 art 7 s 2; 2007 c 140 art 11 s 2; 2009 c 78 art 6 s 16; 2014 c 305 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.03 — Division Of Apprenticeship.

178.03 DIVISION OF APPRENTICESHIP.
Subdivision 1.
Establishment of division.
There is established a Division of Apprenticeship in the Department of Labor and Industry. This division shall be administered by a director, and be under the supervision of the commissioner.
Subd. 2.
[Repealed, 2014 c 305 s 32]
Subd. 3.
Duties and functions.
(a) The division shall be administered as prescribed by this chapter and in accordance with Code of Federal Regulations, title 29, part 29; to promote equal employment opportunity in apprenticeship and other on-the-job learning and to establish a Minnesota plan for equal employment opportunity in apprenticeship which shall be consistent with standards established under Code of Federal Regulations, title 29, part 30, as amended.
(b) The division shall have the authority to make wage determinations applicable to the graduated schedule of wages and journeyworker wage rate for apprenticeship agreements, giving consideration to the existing wage rates prevailing throughout the state, except that no wage determination by the director shall alter an existing wage provision for apprentices or journeyworkers that is contained in a bargaining agreement in effect between an employer and an organization of employees, nor shall the director make any determination for the beginning rate for an apprentice that is below the wage minimum established by federal or state law.
(c) The division shall:
(1) issue certificates of registration to sponsors of approved apprenticeship programs;
(2) approve apprenticeship agreements if the division determines that approval is in the best interest of the apprentice and the agreement meets the standards established in this chapter;
(3) terminate any apprenticeship agreement according to the provisions of the agreement and this chapter;
(4) maintain a record of apprenticeship agreements and their disposition;
(5) issue certificates of completion of apprentices; and
(6) perform other duties as the commissioner deems necessary to carry out the intent of this chapter.
Subd. 4.
Reciprocity approval.
The commissioner, if requested by a program sponsor, shall grant reciprocity approval to apprentices, apprenticeship programs, and standards that are registered in other states. Program sponsors seeking reciprocal approval must meet the requirements of this chapter including the wage and hour provisions and apprentice ratio standards.
Subd. 5.
[Repealed, 1987 c 403 art 2 s 164]
History:
(4260-33) 1939 c 363 s 3; Ex1967 c 1 s 6; 1974 c 144 s 3; 1979 c 130 s 2,3; 1985 c 248 s 70; 1Sp1985 c 14 art 9 s 10; 1986 c 444; 2003 c 128 art 11 s 5,6; 2007 c 135 art 7 s 3; 2007 c 140 art 11 s 3; 2010 c 280 s 3,4; 2012 c 295 art 1 s 2,3; 2014 c 305 s 4; 2015 c 54 art 4 s 1; 2023 c 53 art 1 s 9
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.041 — Rulemaking Power.

178.041 RULEMAKING POWER.
Subdivision 1.
Rules.
The commissioner may, upon receipt of the board's proposals, accept, adopt, and issue them by rule with any modifications or amendments the commissioner finds appropriate. The commissioner may refer them back to the board with recommendations for further study, consideration and revision. If the commissioner refuses to accept, adopt, and issue by rule or other appropriate action a board proposal, the commissioner must provide a written explanation of the reason for the refusal to the board within 30 days after the board submitted the proposal to the commissioner. Additional rules may be issued as the commissioner may deem necessary.
Subd. 2.
Chapter 14 applies.
Rules, modifications, amendments, and repeals thereof which may be issued by the commissioner under this chapter shall be adopted in accordance with chapter 14 and shall have the force and effect of law.
History:
1974 c 144 s 4; 1982 c 424 s 130; 1986 c 444; 2007 c 135 art 7 s 4; 2007 c 140 art 11 s 4; 2014 c 305 s 7
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.044 — Determination Of Apprentice Wages.

178.044 DETERMINATION OF APPRENTICE WAGES.
Subdivision 1.
Maximum hours.
The maximum number of hours of work per week shall not exceed either the number prescribed by law or the customary regular number of hours per week for the employees of the company by which the apprentice is employed. Time spent in related and supplemental instruction for any apprentice shall not be included in the maximum number of hours of work per workweek.
Subd. 2.
Overtime.
An apprentice may be allowed to work overtime provided that the overtime work does not conflict with related instruction course attendance. All time in excess of the number of hours of work per week as specified in the apprenticeship agreement shall be considered overtime. For overtime, the apprentice's rate of pay shall be increased by the same percentage as the journeyworker's rate of pay for overtime is increased in the same industry or establishment.
Subd. 3.
Journeyworker wage rate.
If the apprentice is not covered by a collective bargaining agreement, the journeyworker wage rate upon which the apprenticeship agreement graduated schedule of wages is calculated shall be:
(1) the most current Minnesota state prevailing wage rate determination for the same trade or occupation in the county in which the apprentice's employer is located. If an apprenticeship agreement entered into after January 1, 2015, does not specify fringe benefits, the journeyworker wage rate upon which the apprentice wage rate is calculated must be the total rate listed in the wage determination; or
(2) if there is no Minnesota prevailing wage rate determination for the same trade or occupation in the county in which the apprentice's employer is located, the journeyworker wage may be determined by the sponsor with the approval of the division.
History:
2014 c 305 s 8
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.07 — Registered Apprenticeship Agreements.

178.07 REGISTERED APPRENTICESHIP AGREEMENTS.
Subdivision 1.
Approval required.
(a) The division shall approve, if it determines that it is in the best interest of the apprentice, an apprenticeship agreement that meets the standards established in this section.
(b) All terminations, cancellations, and transfers of apprenticeship agreements shall be approved by the division in writing. The division must be notified in writing by the sponsor within 45 days of all terminations, cancellations, or transfer of apprenticeship agreements.
Subd. 2.
Signatures required.
Apprenticeship agreements shall be signed by the division, the sponsor, and by the apprentice, and if the apprentice is a minor, by a parent or legal guardian. When a minor enters into an apprenticeship agreement under this chapter for a period of learning extending into majority, the apprenticeship agreement shall likewise be binding for such a period as may be covered during the apprentice's majority.
Subd. 3.
Contents.
Every apprenticeship agreement entered into under this chapter shall contain:
(1) the names of the contracting parties, and the signatures required by subdivision 2;
(2) the date of birth, and information as to the race and sex of the apprentice, and, on a voluntary basis, the apprentice's Social Security number;
(3) contact information of the sponsor and the division;
(4) a statement of the trade or occupation which the apprentice is to be taught, the date on which the apprenticeship will begin, and the number of hours to be spent by the apprentice in work and the number of hours to be spent in concurrent, related instruction;
(5) a statement of the wages to be paid the apprentice under sections 178.036, subdivision 6, and 178.044, as applicable;
(6) a statement listing any fringe benefits to be provided to the apprentice;
(7) a statement incorporating as part of the agreement the registered standards of the apprenticeship program on the date of the agreement and as they may be amended during the period of the agreement;
(8) a statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination due to race, color, creed, religion, national origin, sex, sexual orientation, marital status, physical or mental disability, receipt of public assistance, or age; and
(9) such additional terms and conditions as may be prescribed or approved by the commissioner not inconsistent with the provisions of this chapter.
History:
(4260-37) 1939 c 363 s 7; 1941 c 85; 1974 c 144 s 7; 1986 c 444; 2012 c 295 art 1 s 7; 2014 c 305 s 9; 2015 c 54 art 4 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.10 — Limitation.

178.10 LIMITATION.
(a) The provisions of this chapter shall have no application to those individuals who are apprenticed by the commissioner of corrections pursuant to sections 242.43 and 242.44.
(b) Nothing in this chapter or any apprenticeship agreement operates to invalidate:
(1) any apprenticeship provision in any collective bargaining agreement between employers and employees establishing higher apprenticeship standards; or
(2) any special provision for veterans, minority persons, or women, in the standards, apprentice qualifications, or operation of the program or in the apprenticeship agreement which is not otherwise prohibited by law.
History:
(4260-41) 1939 c 363 s 11; 1965 c 51 s 36; 1973 c 654 s 15; 1975 c 271 s 6; 1983 c 274 s 18; 2014 c 305 s 12
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 178 — Apprentice Training › Section 178.11 — Labor Education Advancement Grant Program.

178.11 LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.
The commissioner shall establish the labor education advancement grant program for the purpose of facilitating the participation or retention of people of color, Indigenous people, and women in registered apprenticeship programs. The commissioner shall award grants to community-based and nonprofit organizations and Minnesota Tribal governments as defined in section 10.65, serving the targeted populations on a competitive request-for-proposal basis. Interested organizations shall apply for the grants in a form prescribed by the commissioner. As part of the application process, applicants must provide a statement of need for the grant, a description of the targeted population and apprenticeship opportunities, a description of activities to be funded by the grant, evidence supporting the ability to deliver services, information related to coordinating grant activities with other employment and learning programs, identification of matching funds, a budget, and performance objectives. Each submitted application shall be evaluated for completeness and effectiveness of the proposed grant activity.
History:
1995 c 224 s 72; 2010 c 280 s 7; 2023 c 53 art 1 s 10
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.02 — Bureau Of Mediation Services.

179.02 BUREAU OF MEDIATION SERVICES.
Subdivision 1.
Establishment.
There is established a Bureau of Mediation Services under the supervision and control of a commissioner. The commissioner shall be appointed by the governor under the provisions of section 15.06.
Subd. 2.
Special mediators.
The commissioner may, from time to time, appoint special mediators to aid in the settlement of particular labor disputes or controversies who shall have the same power and authority as the commissioner with respect to such dispute and such appointment shall be for the duration only of the particular dispute. Such special mediators shall be paid a per diem allowance as determined by the commissioner, while so engaged and their necessary expenses.
Subd. 3.
Rules.
The commissioner shall adopt rules to govern proceedings before the commissioner under the provisions of this chapter.
Subd. 4.
Roster of arbitrators.
The commissioner shall maintain a roster of persons suited and qualified by training and experience to act as arbitrators of labor disputes and shall provide parties to a labor dispute with the names of persons on the roster upon written request. The commissioner shall adopt rules governing appointments to, removals from, and administration of this roster.
Subd. 5.
Labor-management committees.
The commissioner may provide technical support and assistance to voluntary joint labor-management committees established for the purpose of improving relationships between unions and employers at area, industry, or work-site levels.
Subd. 6.
Receipt of gifts, money; appropriation.
(a) The commissioner may apply for, accept, and disburse gifts, bequests, grants, or payments for services from the United States, the state, private foundations, or any other source.
(b) Money received by the commissioner under this subdivision must be deposited in a separate account in the state treasury and invested by the State Board of Investment. The amount deposited, including investment earnings, is appropriated to the commissioner to carry out duties of the commissioner.
(c) The commissioner must post and maintain, on the Bureau of Mediation Services website, a list of the sources of funds and amounts received under this subdivision.
History:
(4254-22) 1939 c 440 s 2; 1949 c 739 s 14; 1951 c 713 s 17; 1969 c 1129 art 2 s 1; 1977 c 305 s 25; 1987 c 45 s 1,2; 1987 c 186 s 15; 1989 c 255 s 1; 1990 c 546 s 1; 1999 c 221 s 4; 2014 c 312 art 3 s 8
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.03 — Removal Of Mediators For Political Activities.

179.03 REMOVAL OF MEDIATORS FOR POLITICAL ACTIVITIES.
Any mediator, under the provisions of sections 179.01 to 179.17, who exerts personal influence, directly or indirectly, to induce any other person to adopt the mediator's political views, or to favor any particular candidate for office, or to contribute funds for political purposes shall forthwith be removed from office or position by the appointing authority; provided, that before removal the commissioner of mediation services shall be entitled to a hearing before the governor, and any other employee shall be entitled to a similar hearing before the commissioner of mediation services.
History:
(4254-23) 1939 c 440 s 3; 1969 c 1129 art 2 s 2; 1974 c 139 s 1; 1986 c 444; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.04 — Expenses; Fees.

179.04 EXPENSES; FEES.
Subdivision 1.
Travel and other expenses.
The commissioner of mediation services and employees, or any special mediator, shall be paid their actual and necessary traveling and other expenses incurred in the performance of their duties. Vouchers for such expenses shall be itemized and sworn to by the person incurring the expense.
Subd. 2.
Seminar and workshop fees.
The commissioner shall charge a fee to each participant at a labor relations education seminar or workshop so that all expenditures except salaries of bureau employees are reimbursed at least 100 percent. Receipts shall be credited to the general fund.
History:
(4254-24) 1939 c 440 s 4; 1969 c 1129 art 2 s 3; 1979 c 333 s 89; 1986 c 444; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.07 — Labor Dispute Affecting Public Interests; Procedure.

179.07 LABOR DISPUTE AFFECTING PUBLIC INTERESTS; PROCEDURE.
If the dispute is in any industry, business, or institution affected with a public interest, which includes, but is not restricted to, any industry, business, or institution engaged in supplying the necessities of life, safety, or health, so that a temporary suspension of its operation would endanger the life, safety, health, or well-being of a substantial number of people of any community, the provisions of section 179.06 shall apply. The commissioner may appoint a fact finding commission composed of three members to conduct a hearing and make a report on the issues involved and the merits of the respective contentions of the parties to the dispute. If the commissioner decides to appoint a commission, the commissioner shall immediately notify the parties to the labor dispute. The members of such commission shall on account of vocations, employment, or affiliations be representatives of employees, employers, and the public, respectively. If and when the commissioner notifies the parties of the decision to appoint a commission, neither party to the dispute shall make any change in the situation affecting the dispute and no strike or lockout shall be instituted until 30 days after the commissioner's notification to the parties. If the commissioner fails to appoint a commission within five days after notification to the parties, this limitation on the parties shall be suspended and inoperative. If the commissioner thereafter appoints a commission, no strike or lockout having been instituted in the meantime, the limitation shall again become operative, but in no case for more than the original 30-day period. The 30-day period may be extended by stipulation of the parties to the labor dispute, which shall be filed with the commissioner. The commission shall meet within five days of its appointment by the commissioner and conduct the hearings which are necessary to render its report on the issues involved and merits of the contentions of the parties. The report of the commission shall be filed with the commissioner not less than five days prior to the end of the 30-day period set forth above or any extension thereof. The commissioner shall provide copies of the report to the parties to the dispute and may make the report public.
History:
(4254-27) 1939 c 440 s 7; 1941 c 469 s 2; 1969 c 1129 art 2 s 6; 1986 c 444; 1987 c 45 s 3; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.08 — Powers Of Commission Appointed By Commissioner.

179.08 POWERS OF COMMISSION APPOINTED BY COMMISSIONER.
(a) The commission appointed by the commissioner pursuant to the provisions of section 179.07 shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence which relates to any matter involved in any such hearing, and may by its chair administer oaths and affirmations, and may examine witnesses. Such attendance of witnesses and the production of such evidence may be required from any place in the state at any designated place of hearing, but whenever practical hearings shall be held in a county where the labor dispute has arisen or exists.
(b) In case of contumacy or refusal to obey a subpoena issued under paragraph (a), the district court of the state for the county where the proceeding is pending or in which the person guilty of such contumacy or refusal to obey is found, or resides, or transacts business, or application by the commission shall have jurisdiction to issue to such person an order requiring such person to appear before the commission, there to produce evidence as so ordered, or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
(c) Any party to or party affected by the dispute may appear before the commission in person or by attorney or by their representative, and shall have the right to offer competent evidence and to be heard on the issues before the report of the commission is made.
Any commissioners so appointed shall be paid a per diem allowance not to exceed that established for arbitrators in section 179A.16, subdivision 8, and their necessary expenses while serving.
History:
(4254-28) 1939 c 440 s 8; 1941 c 469 s 3; 1969 c 1129 art 2 s 7; 1986 c 444; 1987 c 45 s 4; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.083 — Jurisdictional Controversies.

179.083 JURISDICTIONAL CONTROVERSIES.
Whenever two or more labor organizations adversely claim for themselves or their members jurisdiction over certain classifications of work to be done for any employer or in any industry, or over the persons engaged in or performing such work and such jurisdictional interference or dispute is made the ground for picketing an employer or declaring a strike or boycott against the employer, the commissioner may appoint a labor referee to hear and determine the jurisdictional controversy. If the labor organizations involved in the controversy have an agreement between themselves defining their respective jurisdictions, or if they are affiliated with the same labor federation or organization which has by the charters granted to the contending organizations limited their jurisdiction, the labor referee shall determine the controversy in accordance with the proper construction of the agreement or of the provisions of the charters of the contending organizations. If there is no agreement or charter which governs the controversy, the labor referee shall make such decision as, in consideration of past history of the organization, harmonious operation of the industry, and most effective representation for collective bargaining, will best promote industrial peace. If the labor organizations involved in the controversy so desire, they may submit the controversy to a tribunal of the federation or labor organization which has granted their charters or to arbitration before a tribunal selected by themselves, provided the controversy is so submitted prior to the appointment by the governor of a labor referee to act in the controversy. After the appointment of the labor referee by the governor, or the submission of the controversy to another tribunal as herein provided, it shall be unlawful for any person or labor organization to call or conduct a strike or boycott against the employer or industry or to picket any place of business of the employer or in the industry on account of such jurisdictional controversy.
History:
1943 c 624 s 6; 1969 c 1129 art 2 s 8; 1986 c 444; 1987 c 45 s 5; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.09 — Arbitration.

179.09 ARBITRATION.
When a labor dispute arises which is not settled by mediation such dispute may, by written agreement of the parties, be submitted to arbitration on such terms as the parties may specify, including among other methods the arbitration procedure under the terms of sections 572B.01 to 572B.31 and arbitration under the Voluntary Industrial Arbitration Tribunal of the American Arbitration Association. If such agreement so provides, the commissioner of mediation services may act as a member of any arbitration tribunal created by any such agreement and, if the agreement so provides, the commissioner may appoint one or more of such arbitrators. Either or both of the parties to any such agreement or any arbitration tribunal created under any such agreement may apply to the commissioner to have the tribunal designated as a temporary arbitration tribunal and, if so designated, the temporary arbitration tribunal shall have power to administer oaths to witnesses and to issue subpoenas for the attendance of witnesses and the production of evidence, which subpoenas shall be enforced in the same manner as subpoenas issued by the commission under section 179.08. Any such temporary arbitration tribunal shall file with the commissioner a copy of its report, duly certified by its chair.
History:
(4254-29) 1939 c 440 s 9; 1957 c 633 s 24; 1969 c 1129 art 2 s 9; 1986 c 444; 1987 c 186 s 15; 2010 c 264 art 2 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.10 — Joining Labor Organizations; Uniting For Collective Bargaining.

179.10 JOINING LABOR ORGANIZATIONS; UNITING FOR COLLECTIVE BARGAINING.
Subdivision 1.
Employees' right of self-organization.
Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection; and such employees shall have the right to refrain from any and all such activities.
Subd. 2.
Employers associations.
Employers have the right to associate together for the purpose of collective bargaining.
History:
(4254-30) 1939 c 440 s 10; 1941 c 469 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.12 — Employers' Unfair Labor Practices.

179.12 EMPLOYERS' UNFAIR LABOR PRACTICES.
It is an unfair labor practice for an employer:
(1) to institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the agreement, or to violate the terms and conditions of the bargaining agreement;
(2) to institute a lockout of its employees in violation of section 179.06 or 179.07;
(3) to encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization representing the employees as a bargaining agent, as provided by section 179.16;
(4) to discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;
(5) to spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;
(6) to distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;
(7) to engage or contract for the services of a person who is an employee of another if the employee is paid a wage that is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the same grade or classification;
(8) willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state; or
(9) to grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor organization authorized by a representative of employees.
The violation of clause (2), (4), (5), (6), (7), (8), or (9) is an unlawful act.
History:
(4254-32) 1939 c 440 s 12; 1941 c 469 s 8; 1955 c 669 s 1; 1973 c 149 s 2; 1986 c 444; 1991 c 239 s 1; 1999 c 86 art 1 s 44
NOTE:
Clause (9) was preempted under federal law by
Midwest Motor Express Inc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 120
, 512 N.W.2d 881 (Minn. 1994).
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.121 — Operation Of Vehicle Where Dispute Is In Progress.

179.121 OPERATION OF VEHICLE WHERE DISPUTE IS IN PROGRESS.
Any person who operates a motor vehicle which is entering or leaving a place of business or employment where there is a clear notice that a labor dispute is in progress, and who fails to bring the vehicle to a full stop at the entrance to or exit from that place, or who fails to exercise caution in entering or leaving that place, is guilty of a misdemeanor.
History:
1979 c 331 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.13 — Interferences Which Are Unlawful.

179.13 INTERFERENCES WHICH ARE UNLAWFUL.
Subdivision 1.
Unlawful acts.
It shall be unlawful for any person at any time to interfere with the free and uninterrupted use of public roads, streets, highways or methods of transportation or conveyance or to wrongfully obstruct ingress to and egress from any place of business or employment.
Subd. 2.
Unfair labor practice.
It is an unfair labor practice for any employee or labor organization to commit an unlawful act as defined in subdivision 1.
History:
(4254-33) 1939 c 440 s 13; 1943 c 624 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.135 — Protection Of Collective Bargaining Agreements.

179.135 PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.
Subdivision 1.
Agreement protected from intervention.
No employer holding a valid collective bargaining agreement with any labor organization recognized or certified by the commissioner of mediation services or the National Labor Relations Board as the accredited bargaining representative for the employees or any group of employees of such employer shall be required to enter into negotiations with any other labor organization respecting the employees covered by the existing union agreement, so long as the existing agreement remains in full force and effect in accordance with its terms except where a successor labor organization has been certified as the representative of the employees covered by such agreement by the commissioner of mediation services or the National Labor Relations Board and recognized by the employer.
Subd. 2.
Prohibition against violation.
The violation of the provisions of this section by any officer, business agent, employee or other representative of any labor organization is prohibited.
History:
1947 c 593 s 1,2; 1969 c 1129 art 2 s 10; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.14 — Injunctions; Temporary Restraining Orders.

179.14 INJUNCTIONS; TEMPORARY RESTRAINING ORDERS.
When any unfair labor practice is threatened or committed, a suit to enjoin such practice may be maintained in the district court of any county wherein such practice has occurred or is threatened. In any suit to enjoin any of the unfair labor practices set forth in sections 179.11 and 179.12, the provisions of sections 185.02 to 185.19 shall not apply. No court of the state shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of the violation of sections 179.11 and 179.12, as herein defined, except after hearing the testimony of witnesses in open court, with opportunity for cross-examination, in support of the allegations made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court to the effect that the acts set forth in sections 179.11 and 179.12 have been threatened and will be committed unless restrained, or have been committed and will be continued unless restrained. No temporary restraining order may be issued under the provisions of sections 179.01 to 179.17 except upon the testimony of witnesses produced by the applicant in open court and upon a record being kept of such testimony nor unless the temporary restraining order is returnable within seven days from the time it is granted which shall be noted on the order of the court. It shall be the duty of the court to give the trial or hearing of any suits or proceedings arising under this section precedence over all other civil suits which are ready for trial. Failure of the trial court to decide a motion for a temporary injunction within seven days from the date the hearing thereon is concluded shall dissolve any restraining order issued therein without further order of the court. Failure of the trial court to decide any suit brought under this section within 45 days from the date the trial was ended shall dissolve any restraining order or temporary injunction issued therein without further order of the court.
History:
(4254-34) 1939 c 440 s 14; 1941 c 469 s 5; 1943 c 658 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.15 — Violators Not Entitled To Benefits Of Certain Sections.

179.15 VIOLATORS NOT ENTITLED TO BENEFITS OF CERTAIN SECTIONS.
Any employer, employee, or labor organization who has violated any of the provisions of sections 179.01 to 179.17 with respect to any labor dispute shall not be entitled to any of the benefits of sections 179.01 to 179.17 respecting such labor disputes and such employer, employee, or labor organization shall not be entitled to maintain in any court of this state an action for injunctive relief with respect to any matters growing out of that labor dispute, until good faith use is made of all means available under the laws of the state of Minnesota for the peaceable settlement of the dispute.
History:
(4254-35) 1939 c 440 s 15; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.18 — Definitions; Minnesota Labor Union Democracy Act.

179.18 DEFINITIONS; MINNESOTA LABOR UNION DEMOCRACY ACT.
Subdivision 1.
Persons.
"Persons" includes individuals, partnerships, associations, corporations, trustees, and receivers.
Subd. 2.
Labor organization.
"Labor organization" means any organization of employees or of persons seeking employment which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances or terms or conditions of employment, but shall not include any labor organization subject to the Federal Railway Labor Act, as amended from time to time.
Subd. 3.
Employer.
"Employer" includes all persons employing others and all persons acting in the interest of an employer, but does not include the state or any political or governmental subdivision thereof, nor any person subject to the Federal Railway Labor Act, as amended from time to time.
Subd. 4.
Employee.
"Employee" includes, in addition to the accepted definition of the word, any employee whose work has ceased because of any unfair labor practice as defined in section 179.12 on the part of the employer or because of any current labor dispute and who has not obtained other regular and substantially equivalent employment, but does not include any individuals employed in agricultural labor or by a parent or spouse or in domestic service of any person at the person's own home.
Subd. 5.
Representative of employees.
"Representative of employees" means any person acting or asserting the right to act for employees or persons seeking employment in collective bargaining or dealing with employers concerning grievances or terms or conditions of employments.
Subd. 6.
Competent evidence.
"Competent evidence" means evidence admissible in a court of equity and such other evidence other than hearsay as is relevant and material to the issue and is of such character that it would be accepted by reasonable persons as worthy of belief.
History:
1943 c 625 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.19 — Election Of Officers Of Labor Organization.

179.19 ELECTION OF OFFICERS OF LABOR ORGANIZATION.
The officers of every labor organization shall be elected for such terms, not exceeding four years, as the constitution or bylaws may provide. The election shall be by secret ballot. The constitution or bylaws may provide for multiple choice voting, nomination by primaries or runoff elections, or other method of election by which selection by a majority may be obtained. In the absence of such provision, the candidate for any office receiving the largest number of votes cast for that office shall be declared elected. It is the duty of every labor organization and the officers thereof to hold an election for the purpose of electing the successor of every such officer prior to the expiration of a term. Any employee who is elected to a full time position in a labor organization shall be given a leave of absence for the duration of time holding such office, without losing seniority or entitlement to any rights acquired as a result of employment.
History:
1943 c 625 s 2; 1969 c 853 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.20 — Notice Of Elections Given.

179.20 NOTICE OF ELECTIONS GIVEN.
Subdivision 1.
Publication.
No election required hereunder shall be valid unless reasonable notice thereof shall have been given to all persons eligible to vote thereat. Proof of publication of notice of an election in a trade union paper of general circulation among the membership of the union holding such election shall be conclusive proof of reasonable notice as required in this subdivision.
Subd. 2.
Plurality required.
No result of an election required hereunder shall be valid unless a plurality of the eligible persons voting thereat shall have cast their votes by secret ballot in favor of such result.
History:
1943 c 625 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.21 — Reports Of Receipts And Disbursements.

179.21 REPORTS OF RECEIPTS AND DISBURSEMENTS.
It is hereby made the duty of the officer of every labor organization who is charged with responsibility of money and property thereof to furnish to the members thereof in good standing a statement of the receipts and disbursements of the labor organization from the date of the next preceding statement and the assets and liabilities thereof to the date of the current statement. Such statement shall be furnished by such officer at the time prescribed by the constitution or laws of the labor organization, or it shall be furnished not later than the 1st day of July next following such calendar year.
History:
1943 c 625 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.22 — Labor Referee.

179.22 LABOR REFEREE.
The commissioner may from time to time appoint labor referees for particular disputes under sections 179.18 to 179.25. Such appointment shall be for the duration only of the particular dispute. Such labor referees shall be paid a per diem allowance not to exceed that established for arbitrators in section 179A.16, subdivision 8, while so engaged, and their necessary expenses. When approved by the commissioner, the commissioner shall cause to be paid, from the appropriation to the commissioner, the amount due to the labor referees for services and expenses.
History:
1943 c 625 s 5; 1969 c 1129 art 2 s 13; 1986 c 444; 1987 c 45 s 6; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.231 — Violations.

179.231 VIOLATIONS.
Subdivision 1.
Commissioner may appoint referee.
Whenever it reasonably appears to the commissioner that a labor organization has failed to comply with any of the requirements of sections 179.18 to 179.25, the commissioner may appoint a labor referee to act in the dispute.
Subd. 2.
Hearing.
Within ten days of appointment, the labor referee shall fix a time and place for a hearing upon the matter and send written notice thereof to the labor organization, and its officers who are charged in the complaint, the complainant, and to other persons who are parties to the dispute.
Subd. 3.
Appearance; evidence.
A party to or party affected by the dispute may appear at the hearing before the labor referee in person, by attorney, or by other representative. The party has the right to offer competent evidence and to be heard on the issues before an order is made by the referee. Within 30 days of the close of the hearing, the referee shall prepare and file with the commissioner findings of fact and an order sustaining or dismissing the charges. If the charges are sustained, a labor organization may be suspended from acting as the representative of employees by the commissioner until the basis for the failure to comply with the requirements of sections 179.18 to 179.25 has been removed as provided in subdivision 4. The commissioner shall suspend a labor organization which does not act affirmatively to remove the basis of sustained charges within 30 days of the filing of the referee's order with the commissioner.
Subd. 4.
Removal of suspension.
A labor organization which has had charges sustained against it under this section, whether suspended from acting as the representative of employees or not, may remove the basis for the charges or suspension by applying to the commissioner and submitting proof that the basis for the charges has been removed or corrected. Upon receipt of the application, the commissioner shall notify all parties to the hearing before the referee of the filing of the application. If within 20 days after providing notice, written objection by one of the parties to the removal of the basis or suspension is received by the commissioner, the matter shall be referred for additional investigation by a referee under this section. If no objection is so filed, the commissioner shall provide written notice of the removal of the basis for the original complaint and remove any suspension imposed.
Subd. 5.
Powers of labor referee.
A labor referee appointed by the commissioner under this section shall have the same powers as provided to commissions under section 179.08.
History:
1987 c 45 s 7; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 179 — Labor Relations › Section 179.25 — Citation, Labor Union Democracy Act.

179.25 CITATION, LABOR UNION DEMOCRACY ACT.
Sections 179.18 to 179.25 may be cited as the "Minnesota Labor Union Democracy Act."
History:
1943 c 625 s 8