# Public Employment Relations Board (Minnesota) *Minnesota state board created in 1971 to administer the Public Employment Labor Relations Act* The **Public Employment Relations Board** is a Minnesota administrative board created by Extra Session Laws 1971, chapter 33 (S.F. No. 4), the Public Employment Labor Relations Act of 1971. The act governs labor relations between public employees and their public employers.[^1] A Senate Counsel analysis dated November 10, 1971 calls the body the Public Employee Relations Board (PERB). It describes a five-member agency, appointed by the Chief Justice of the [[Minnesota Supreme Court]] for four-year overlapping terms, to administer the act.[^2] The act states its purpose as "to promote orderly and constructive relationships between all public employers and their employees." That purpose is subject to "the paramount right of the citizens of this state to keep inviolate the guarantees for their health, education, safety and welfare."[^1] The chapter's operative sections bar every public employee from striking and allow termination effective the date the violation first occurs.[^3] They certify, by operation of the act, organizations already holding recognition as exclusive representatives until decertified.[^4] They require every contract to provide compulsory binding arbitration of grievances, and they void any contract provision that conflicts with a state statute, rule, home rule charter or ordinance.[^5] The act divides administration between the board and the director of the [[Bureau of Mediation Services]]. The director handles representation petitions, elections and mediation, and certifies impasses to the board.[^6] In current law, Minnesota Statutes §179A.04 assigns petitions, unit determinations and elections to the commissioner. It also directs the commissioner, "upon request of the board," to provide administrative support and other assistance to the board.[^7] ## Who The [[Minnesota Legislature]] passed the act in its 1971 extra session.[^1] This was the first year of Governor Wendell Anderson (Democratic-Farmer-Labor), who took office January 4, 1971. His predecessor, Republican [[Harold LeVander]], took office January 2, 1967.[^8] The Legislative Reference Library's party-control chart lists for 1913 to 1973 "control is listed as Conservative or Liberal." It shows the 1969 session as Conservative in both houses under a Republican governor, and the 1973–1974 session as Liberal in both houses under a DFL governor.[^9] The extract in the record carries no row for the 1971–1972 session, so the record does not establish caucus control of the enacting Legislature.[^9] According to the Senate Counsel analysis, members are to represent labor, management and the public and to have experience in labor-management relations. A special provision calls for gubernatorial appointment if appointment by the Chief Justice is held invalid.[^2] The analysis also states that the act embodies most of the recommendations of interim legislative studies and of a Governor's Advisory Council.[^2] The act defines the "director" as the director of the bureau of mediation services established by section 179.02.[^10] ## What The Senate Counsel analysis lists four board authorities:[^2] - ruling on appeals concerning negotiability, essentiality of employees and appropriateness of bargaining units; - approving procedural rules promulgated by the Director of Mediation Services; - administering the act's arbitration procedures; and - maintaining files of public-sector contracts. The act repeals 25 sections of Minnesota Statutes 1969: sections 125.19 through 125.26, thirteen sections numbered from 179.50 through 179.58, and sections 418.21 through 418.24.[^1] The analysis states that the act "repeals and supplants" the previous statutory provisions on the subject.[^2] The act defines "meet and negotiate" as the mutual obligation to meet "with the good faith intent of entering into an agreement," without compelling either party to agree to a proposal or make a concession.[^10] An employer is not required to negotiate on "matters of inherent managerial policy." Under the act these include the employer's overall budget, organizational structure, and the selection, direction and number of personnel.[^5] Public employees receive the right to form and join employee organizations and the right not to. They may designate an exclusive representative by secret ballot and request dues check-off for the organization they select.[^11] ## When The Minnesota Labor Relations Act was enacted in 1939, with a Division of Conciliation to administer it. The division was renamed the Bureau of Mediation Services in 1969.[^12] The Senate Counsel analysis of chapter 33 is dated November 10, 1971, and states that the act's basic provisions would be effective on July 1, 1972.[^2] Teacher contracts entered into before July 1, 1972 were to expire on June 30, 1972. Later school-board contracts with teachers run two years, beginning July 1 of each even-numbered year.[^5] Parties must execute a contract at least 90 days before the employer's tax-levy or budget deadline, or by September 1, whichever is earlier. Otherwise, they must submit final positions to the board at least 75 days before that deadline, or by October 1.[^6] The current §179A.04 carries a history line beginning with 1984 c 462 s 5 and ending with 2022 c 55 art 1 s 110.[^7] ## Where The act reaches the State of Minnesota, its political subdivisions and their agencies. Named examples include the [[University of Minnesota]], the state and junior colleges, and school districts. Charitable hospitals are excluded.[^10] The act's definition of public employee excludes:[^10] - elected officials and election officers; - National Guard personnel; - emergency employees; - part-time employees working no more than 14 hours per week; and - temporary or seasonal employees working no more than 100 working days a year. Any person aggrieved by an unfair labor practice may sue in the district court of the county where the practice is alleged to have occurred.[^6] ## Why The act's policy section states that public employment differs from private employment. It says the essentiality of some public services tends to create "imbalances in relative bargaining power."[^1] It declares unresolved disputes "injurious to the public as well as to the parties." It concludes that "adequate means must therefore be established for minimizing them and providing for their resolution."[^1] The Senate Counsel analysis describes the act as replacing the former "meet and confer" approach. In its place is a bilateral duty to "meet and negotiate in good faith." In the analysis's words, this is not collective bargaining as in the private sector.[^2] ## How Under the act, the bargaining process runs in stages:[^6] - An employee representative seeking to negotiate gives written notice to the employer and the director. - The director convenes mediation. - When a party petitions for arbitration and the director finds further mediation would serve no purpose, the director certifies the matter to the board. - The parties then submit final positions, and the board takes jurisdiction. All negotiations, mediation sessions and hearings are to be public meetings "except when otherwise provided by the director."[^6] The analysis identifies three arbitration tracks:[^2] - binding grievance arbitration in every contract; - binding arbitration by board-appointed panels at both parties' request; and - mandatory submission of disputes still unresolved by the statutory dates. On the third track, an award the employer accepts binds both parties. If the employer rejects it, negotiations begin anew.[^2] The act provides that an employer's authorized rejection of an arbitration decision is not an unfair labor practice. For employee organizations, by contrast, it lists refusing to comply with a valid arbitration decision as an unfair practice, with no corresponding proviso.[^6] The analysis calls the act the first in the nation to recognize last-offer, last-demand arbitration. In essential-employee disputes, the parties may agree to a panel that chooses only the employer's last offer or the employees' last demand.[^2] Strike sanctions fall on both individuals and organizations:[^3] - Employees who strike forfeit pay for strike days. - If rehired, they serve two years' probation. - An organization found to have struck loses exclusive-representative status, may not be recertified for two years, and may not receive dues deductions for two years. An employer's refusal to comply with a lawful order or decision of the director or the board is an unfair labor practice.[^6] ## How many - **Board composition:** five members, four-year overlapping terms.[^2] - **Exclusive representation:** designation by more than 50 percent of the appropriate unit.[^10] - **Petitions and ballot access:** a 30 percent showing for certification-election petitions and for a place on the ballot.[^4] - **Certification bar:** one year after certification of an exclusive representative.[^4] - **Contract terms:** at most three years; two years for teacher contracts.[^5] - **Strike-termination appeals:** ten days to request a hearing after notice; 20 days after the hearing results to seek review.[^3] The Legislative Reference Library's agency record states that it does not say how many public-sector bargaining units or exclusive representatives the bureau oversees.[^12] ## In the Minnesota record ### Who The current §179A.04 has been amended across sessions under both parties.[^7] - **1994** (1994 c 560 art 2 s 17): the 78th Legislature, with a DFL House and DFL Senate. The chart lists the governor as Republican.[^7][^9] The governors list records [[Arne Carlson]], in office from January 7, 1991, as Independent-Republican.[^8] - **2022** (2022 c 55 art 1 s 110): the 92nd Legislature, with a DFL House, Republican Senate and DFL governor.[^7][^9] The governor was [[Tim Walz]], in office from January 7, 2019.[^8] The section's history line shows no repeal.[^7] Among the commissioner's duties, the current text directs maintenance of a list of up to 60 arbitrators. It provides: "To the extent practicable, the commissioner shall appoint members to the list so that the list is gender and racially diverse."[^7] The record does not establish which session added that sentence. The same section sets arbitrator application fees at $100 per year effective July 1, 2007.[^7] For teacher discharge hearings, [[Education Minnesota]] and the Minnesota School Boards Association may each submit up to 14 names a year.[^7] ### What The [[United States Department of Justice]] Office of Public Affairs issued release No. 26-21 on January 14, 2026. It is titled *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*.[^13] According to the release record, Attorney General Pamela Bondi certified the case as a matter of general public importance.[^13] The record does not connect that suit to this board, and it carries no docket or status for it. ## Notes [^1]: Minnesota Legislature, *Laws 1971, Extra Session, Chapter 33 (S.F. No. 4)*, title and §1 [179.61] (1971) — title creating the Minnesota public employment relations board and listing repealed sections; stated public policy. https://revisor.mn.gov/laws/1971/1/33 [^2]: Office of Senate Counsel, Minnesota State Senate (David J. Kennedy), *The Minnesota Public Employment Labor Relations Act of 1971, Extra Session Laws 1971, Chapter 33: Summary and Analysis* (Nov. 10, 1971) — board composition, appointment and authorities; arbitration tracks; last-offer feature; July 1, 1972 effective date. https://www.lrl.mn.gov/docs/pre2003/other/I437.pdf [^3]: Minnesota Legislature, *Laws 1971, Extra Session, Chapter 33*, §4 [179.64] (1971) — strike prohibition, termination, probation, pay forfeiture, organizational penalties, hearing and review deadlines. https://revisor.mn.gov/laws/1971/1/33 [^4]: Minnesota Legislature, *Laws 1971, Extra Session, Chapter 33*, §7 [179.67] (1971) — certification of incumbent recognized organizations; 30 percent petition and ballot thresholds; one-year bar. https://revisor.mn.gov/laws/1971/1/33 [^5]: Minnesota Legislature, *Laws 1971, Extra Session, Chapter 33*, §§6 [179.66] and 10 [179.70] (1971) — managerial-policy exclusion; void conflicting provisions; contract terms; compulsory binding grievance arbitration. https://revisor.mn.gov/laws/1971/1/33 [^6]: Minnesota Legislature, *Laws 1971, Extra Session, Chapter 33*, §§8 [179.68] and 9 [179.69] (1971) — unfair practices and district-court actions; notice, mediation, impasse certification, deadlines, public meetings. https://revisor.mn.gov/laws/1971/1/33 [^7]: Office of the Revisor of Statutes, *Minnesota Statutes 2026, §179A.04, Commissioner's Power, Authority, and Duties* (2026) — current duties, arbitrator list and diversity sentence, fees, history line 1984–2022. https://www.revisor.mn.gov/statutes/cite/179A.04 [^8]: Minnesota Legislative Reference Library, *Minnesota Governors* (retrieved Oct. 29, 2026) — party and date each governor assumed office. https://www.lrl.mn.gov/lrl/mngov/gov.aspx [^9]: Minnesota Legislative Reference Library, *Legislative Party Control Chart, 1901–present* (retrieved Oct. 29, 2026) — House, Senate and Governor control by session. https://www.lrl.mn.gov/histleg/caucus_table [^10]: Minnesota Legislature, *Laws 1971, Extra Session, Chapter 33*, §3 [179.63] (1971) — definitions of director, public employer, public employee and exclusions, exclusive representative, meet and negotiate. https://revisor.mn.gov/laws/1971/1/33 [^11]: Minnesota Legislature, *Laws 1971, Extra Session, Chapter 33*, §5 [179.65] (1971) — employee rights to join or not join, secret-ballot designation, dues check-off. https://revisor.mn.gov/laws/1971/1/33 [^12]: Minnesota Legislative Reference Library, *Minnesota Agencies: Mediation Services Bureau* (retrieved 2026) — 1939 Act and Division of Conciliation; 1969 renaming; record silent on unit counts. https://www.lrl.mn.gov/agencies/detail?AgencyID=1010 [^13]: U.S. Department of Justice, Office of Public Affairs, *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*, release No. 26-21 (Jan. 14, 2026) — title; Attorney General's certification of general public importance. https://www.justice.gov/opa/pr/united-states-department-justice-files-lawsuit-against-minnesotas-affirmative-action-regime