# Laws 2013 ch. 128 (provider unionization) *Minnesota session law; subject record covering the Public Employment Labor Relations Act and the Bureau of Mediation Services* The primary sources assembled for this record do not include the text of Laws 2013, chapter 128. None of them states what that chapter enacted, when it was enacted, which legislators or party carried it, or which statutes it amended, so this article does not describe the 2013 chapter's provisions. Minnesota Statutes section 179A.04 sets out the duties of the commissioner who administers public-sector representation, and the Revisor's amendment history for that section lists no 2013 law.[^1] The record does document three things: the 1971 statute under which Minnesota public employees choose an exclusive representative, the agency that administers it, and two certifications issued under current law in 2025. The Public Employment Labor Relations Act was enacted at the 1971 Extra Session as chapter 33 (S.F. No. 4). Its title describes an act "relating to labor relations between public employees and their public employers." The title also provides for "exclusive representation of public employees" and for prohibiting strikes by public employees.[^2] The [[Bureau of Mediation Services]] took that name in 1969. Its predecessor, the Division of Conciliation, was created to administer the Minnesota Labor Relations Act, enacted in 1939.[^3] The 1971 act gives its purpose as "to promote orderly and constructive relationships between all public employers and their employees."[^2] The 2025 record shows what the current system produces. In June and September 2025 the Bureau certified unions as exclusive representatives on the basis of authorization cards it counted itself, without a mail ballot election.[^4][^5] ## Who - The House Research Department's January 1996 brief on the act reported that the Bureau is headed by one commissioner "appointed by and serving at the pleasure of the governor." The brief contrasted this with the federal model and with many other states, where a multi-member board, usually serving staggered terms, performs the quasi-judicial labor functions.[^6] The [[governor]] therefore appoints and may remove the Bureau's head. - The Minnesota Legislative Reference Library's agency record calls the Bureau "an independent agency." It describes the Bureau as charged with "the establishment and encouragement of a stable and positive labor-management relationship." The same record lists the Bureau's authority as Minn. Stat. 179.02 and Laws 1969, chapter 1129, article 2, section 1.[^3] - Both 2025 certification orders issued under the name of Commissioner Johnny J. Villarreal. The parties were AFSCME MN Council 5 and the [[University of Minnesota]] in Case No. 25PCE1241, and Teamsters, Local 320 and Redwood County in Case No. 26PCE0305.[^4][^5] - The sources carry no sponsorship, vote, or party information for Laws 1971, chapter 33, or for Laws 2013, chapter 128, so no partisan attribution is made. The [[Minnesota Legislature]] amended section 179A.04 in 1984, 1985, 1987, 1990, 1991, 1992 (twice), 1993, 1994, 1995, 1996, 1998, 1999, 2000, 2007, 2010, 2014 and 2022.[^1] ## What - **Representation rights.** Section 5 of the 1971 act gave public employees "the right to form and join labor or employee organizations." It also gave them the right "not to form and join such organizations." Employees in an appropriate unit "shall have the right by secret ballot to designate an exclusive representative."[^7] - **Exclusive representative.** Section 3 defined an exclusive representative as an organization designated by more than 50 percent of the appropriate unit and certified under section 7.[^7] - **Strikes.** Section 4 barred strikes by persons employed by the state, its political subdivisions, the public schools or the state university. It allowed a striking employee's employment to be terminated effective the date of the violation.[^8] - **Later change to the strike rules.** The 1996 House Research brief states that the broad right of non-essential employees to strike was granted in 1980, and that essential employees cannot legally strike under any conditions.[^6] - **Elections and fair share fees in 1996.** As of that brief, a union "is certified as the exclusive representative of employees in a bargaining unit only if it receives the majority of votes cast in an election." Once selected, a union "has a duty to represent all employees in the bargaining unit." The act then permitted a "fair share" fee on non-members of up to 85 percent of regular membership dues.[^9] - **Fair share fees now.** Section 179A.04 still directs the commissioner, upon receipt of a filing fee, to hear and decide "fair share fee challenges."[^10] - **Unfair labor practices.** The 1971 act let any party aggrieved by an unfair labor practice sue in district court.[^8] As of 1996, no Minnesota administrative agency heard unfair labor practice complaints; district courts heard them.[^6] ## When - **1939:** The Minnesota Labor Relations Act was enacted and the Division of Conciliation was created to administer it.[^3] - **1969:** The division was renamed the Bureau of Mediation Services.[^3] - **1971 Extra Session:** Chapter 33 enacted the Public Employment Labor Relations Act.[^2] The approval date of chapter 33 does not appear in the extract of the session law in this record. - **1977:** A law removed references placing the bureau within the Labor and Industry Department.[^3] - **1980:** The legislature fixed state and University bargaining units in statute and granted the broad right to strike.[^6][^9] - **1984:** Laws 1984, chapter 462, is the first entry in section 179A.04's history line. The latest amendments listed are 2014, chapter 211, and 2022, chapter 55.[^1] - **July 1, 2007:** The $100 annual arbitrator application fee took effect.[^10] - **April 4 to June 4, 2025:** The Bureau received AFSCME MN Council 5's petition on April 4 and issued the certification order on June 4.[^4] - **September 16 to September 25, 2025:** The Bureau received Teamsters, Local 320's petition on September 16 and issued the certification order on September 25.[^5] ## Where - Both 2025 orders issued from the Bureau's office at 1021 Bandana Blvd. E., Suite 226, [[Saint Paul, Minnesota]].[^4][^5] - The certified units were legal project assistants of the University of Minnesota Law School, and employees of the Redwood County Highway Department in Redwood Falls.[^4][^5] - Under section 179A.04, hearings are held whenever practical "in the general geographic area where the question has arisen or exists."[^11] - The 1971 act directed that certification elections be held "in the premises where those voting are employed," unless the director determined the election could not be fairly held there.[^12] ## Why - The 1971 act's policy section made its purpose "subject however, to the paramount right of the citizens of this state to keep inviolate the guarantees for their health, education, safety and welfare."[^2] - It recites: "Unresolved disputes between the public employer and its employees are injurious to the public as well as to the parties." It concludes that adequate means must be established "for minimizing them and providing for their resolution."[^2] - The legislature found that this policy "may best be accomplished" by three means: - granting employees rights to organize and choose representatives; - requiring employers to meet and negotiate with employees in an appropriate unit; - establishing special rights, responsibilities and procedures for public employment.[^2] - The record does not state why chapter 128 was enacted in 2013. ## How - **1971 petitions and joint requests.** Under section 7 of the 1971 act, an organization could petition for an election by stating that at least 30 percent of a proposed unit wished to be represented. The director could also certify an organization on the joint request of employer and organization. That required an investigation finding that the organization represented over 50 percent of the unit and that no unfair labor practice occurred in making the request.[^12] - **1971 ballots.** Authorization signatures were to be "privileged and confidential information available to the director only." Ballots had to include a space to indicate that no representation was desired.[^12] - **Commissioner's duties today.** Section 179A.04 directs the commissioner to "accept and investigate all petitions for" certification or decertification as exclusive representative. The commissioner must also determine appropriate units, "conduct elections," and certify the final results of any election or other voting procedure.[^10] - **Majority verification.** Under the majority verification procedure of Minn. Stat. 179A.12, subd. 2a, the 2025 orders state that a showing of interest "over 50 percent" warrants certification without a mail ballot election.[^4][^5] - **Case No. 25PCE1241.** The Bureau "conducted a card check" and certified AFSCME MN Council 5. The unit was the Law School's legal project assistants, excluding supervisory and confidential employees.[^4] - **Case No. 26PCE0305.** A card check conducted by the Bureau led to certification of Teamsters, Local 320 ([[Minneapolis]]). The unit was Highway Department employees, excluding clerical, supervisory and confidential employees.[^5] - **Both orders.** Each lifted the Bureau's Notice of Maintenance of Status Quo and required the employer to post the order at the work location for at least 14 days.[^4][^5] ## How much - As of January 1996, the fair share fee could be up to 85 percent of regular membership dues.[^9] - Arbitrator application fees are "$100 per year for initial applications and renewals effective July 1, 2007."[^10] ## How many - **Bargaining units in 1996.** The House Research brief reported 17 state bargaining units and 13 University units, both set in statute in 1980. Before 1980 there were "well over 100" state units.[^9] - **Current counts.** The Legislative Reference Library's agency record does not say how many public-sector bargaining units or exclusive representatives the Bureau oversees.[^3] - **Arbitrator roster.** The commissioner maintains a list of "up to 60 arbitrators." To the extent practicable, the list is to be "gender and racially diverse."[^11] - **Teacher discharge arbitrators.** For teacher discharge hearings, [[Education Minnesota]] and the Minnesota School Boards Association each supply up to 14 names a year.[^11] - **1971 exclusions.** The 1971 act excluded from the definition of public employee two groups: part-time employees whose service did not exceed 14 hours per week, and temporary or seasonal employees working no more than 100 working days a year.[^7] ## Notes [^1]: Office of the Revisor of Statutes, *Minn. Stat. § 179A.04, Commissioner's Power, Authority, and Duties* (2026 Minnesota Statutes) — history line and amendment table, 1984–2022; no 2013 entry. https://www.revisor.mn.gov/statutes/cite/179A.04 [^2]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33 (S.F. No. 4)*, title and sections 1–2 — act's title, statement of public policy, and citation as the Public Employment Labor Relations Act. https://revisor.mn.gov/laws/1971/1/33 [^3]: Minnesota Legislative Reference Library, *Minnesota Agencies record: Mediation Services Bureau* — authority, function, 1939 origin, 1969 renaming, 1977 change; no count of units overseen. https://www.lrl.mn.gov/agencies/detail?AgencyID=1010 [^4]: Minnesota Bureau of Mediation Services, *Determination of Appropriate Unit and Certification of Exclusive Representative Order, BMS Case No. 25PCE1241* (June 4, 2025) — April 4, 2025 petition, card check, certification of AFSCME MN Council 5. https://mn.gov/bms/documents2/270042-25PCE1241%20-%20Certfication%20of%20Exclusive%20Representative.pdf [^5]: Minnesota Bureau of Mediation Services, *Determination of Appropriate Unit and Certification of Exclusive Representative Order, BMS Case No. 26PCE0305* (September 25, 2025) — September 16, 2025 petition, card check, certification of Teamsters, Local 320. https://mn.gov/bms/documents2/271722-Cert-%20Card%20Check%20%2826PCE0305%29.pdf [^6]: Minnesota House Research Department, *Public Employment Labor Relations Act* information brief (January 1996), pp. 3–5 — 1980 strike right, essential employees, Bureau structure, district-court jurisdiction over unfair labor practices. https://www.lrl.mn.gov/docs/pre2003/other/960066.pdf [^7]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, sections 3 and 5 — definitions (exclusive representative, public employee exclusions) and employee rights. https://revisor.mn.gov/laws/1971/1/33 [^8]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, sections 4 and 8 — strike prohibition and penalties; district-court actions for unfair practices. https://revisor.mn.gov/laws/1971/1/33 [^9]: Minnesota House Research Department, *Public Employment Labor Relations Act* information brief (January 1996), p. 2 — bargaining units, 1980 statutory units, elections, fair share fee. https://www.lrl.mn.gov/docs/pre2003/other/960066.pdf [^10]: Office of the Revisor of Statutes, *Minn. Stat. § 179A.04*, subds. 1–3(a) (2026) — petitions, fair share fee challenges, unit determination, elections, arbitrator fee. https://www.revisor.mn.gov/statutes/cite/179A.04 [^11]: Office of the Revisor of Statutes, *Minn. Stat. § 179A.04*, subd. 3(a)(13), (b), and subd. 4 (2026) — arbitrator lists and hearing location. https://www.revisor.mn.gov/statutes/cite/179A.04 [^12]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, section 7 — exclusive representation, petitions, joint requests, elections. https://revisor.mn.gov/laws/1971/1/33