.................... moves to amend H.F. No. 2939 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [179A.60] JOINT POWERS AGREEMENTS.
1.4 Subdivision 1. Definition. For the purposes of this section, "entity" means any
1.5organization, except for service delivery authorities created under section 402A.35, acting
1.6on behalf of two or more home rule charter or statutory cities, school districts, counties,
1.7or other governmental units or boards under any law providing for joint and cooperative
1.8action between governmental units or bodies. Governmental units that form an entity
1.9are members of the entity.
1.10 Subd. 2. Application. Notwithstanding the provisions of section 179A.12 or
1.11any other law, this section governs the initial certification and decertification, if any, of
1.12exclusive representatives for an entity. Employees of an entity are public employees and
1.13joint powers entities are public employers under section 179A.03.
1.14 Subd. 3. Certification and decertification. The commissioner of the Bureau of
1.15Mediation Services shall follow the process in section 179A.102, subdivisions 1 to 4, in
1.16determining the initial certification and decertification, if any, of exclusive representatives
1.17for an appropriate unit of employees of a newly formed joint powers entity.
1.18 Subd. 4. Existing collective bargaining agreements. The terms and conditions of
1.19collective bargaining agreements covering employees of members of the new joint powers
1.20entity prior to their employment by the joint powers entity shall govern the employment of
1.21employees who become employees of a joint powers entity until a successor agreement
1.22becomes effective after the formation of the joint powers entity, and shall be enforced by
1.23the exclusive representative certified to represent the entity member's employees until a
1.24new exclusive representative is certified.
1.25 Subd. 5. Contract negotiations and administration. The exclusive representative
1.26of employees of a new joint powers entity shall upon certification be responsible to
1.27negotiate a new collective bargaining agreement, file grievances, and otherwise administer
2.1the prior collective bargaining agreement until a new collective bargaining agreement is
2.2agreed to, and to receive dues or fair share fees.
2.3 Subd. 6. Investigation and discipline. If an employee who is transferred from the
2.4employment of a member to the employment of a joint powers entity is under investigation
2.5by the member of the entity at the time of the transfer and would be subject to discipline
2.6by the member of the entity, the new joint powers entity may discipline the employee for
2.7just cause and the employee's union may file a grievance under the collective bargaining
2.8agreement the employee was covered by as an employee of a member of the entity, or the
2.9new collective bargaining agreement after it is agreed to.
2.10 Subd. 7. Entity not created. Notwithstanding this section, a contract between two
2.11local government units does not create a joint powers entity under this section, if under the
2.12contract, no employee's employment is terminated and employees continue to work for the
2.13same employer, continue to be covered by the same collective bargaining agreement, and
2.14continue to do the same or similar work.
2.15 Subd. 8. Employee personnel files. A new entity shall be entitled to receive from a
2.16member of the entity, at no charge, copies of all public data maintained by the member
2.17regarding all employees of the member who become employees of the entity.
2.18 Subd. 9. Seniority. Upon creation of a new entity, seniority shall be based on the
2.19employee's continuous service with a member of the entity and the employee's service
2.20with the entity.
2.21 Subd. 10. Layoffs and recalls. Layoffs and recalls shall be based on seniority as
2.22defined herein. Recall rights shall continue to apply until a new collective bargaining
2.23agreement is agreed to by the parties.
2.24EFFECTIVE DATE.This section is effective January 15, 2015.