Union members who are teachers allowed to allocate union dues to the local, state, or national organization of their choice; and public employees who are teachers required to be notified of their rights under state and federal law.

A bill for an act

relating to labor; allowing union members who are teachers to allocate union dues

to the local, state, or national organization of their choice; requiring that public

employees who are teachers be notified of their rights under state and federal law;

amending Minnesota Statutes 2024, sections 10A.12, subdivision 5; 179A.06,

subdivision 6; 181.06, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 10A.12, subdivision 5, is amended to read:

Subd. 5.

Dues or membership fees.

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(a) Except as provided in paragraph (b),
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an

association may, if not prohibited by other law, deposit in its political fund money derived

from dues or membership fees. Under section
10A.20
, the treasurer of the fund must disclose

the name of any member whose dues, membership fees, and contributions deposited in the

political fund together exceed $200 in a year.

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(b) A private employee who is a teacher, as defined under section 179A.03, subdivision

18, who joins a union may elect to allocate all or a portion of their union dues or membership

fees to the local, state, or national organization of their choice. An exclusive representative

of the organization must provide union members notice of this option, and any dues deduction

authorization must clearly provide members who are teachers this choice. In the absence

of an exclusive representative, a private union member who is a teacher has the right to

request and be allowed a payroll deduction for the local, state, or national organization of

their choice.

new text end

Sec. 2.

Minnesota Statutes 2024, section 179A.06, subdivision 6, is amended to read:

Subd. 6.

Payroll deduction, authorization, and remittance.

(a) A public employee

may request payroll deduction for the exclusive representative that represents the employee's

position and its associated political fund under section
10A.12
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, or, if the employee is a

teacher, as defined under section 179A.03, subdivision 18, to allocate all or a portion of

their union dues or membership fees to the local, state, or national organization of their

choice, as provided in paragraph (h)
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. If no exclusive representative represents an employee's

position, the public employee may request payroll deduction for the organization of the

employee's choice. A public employer must provide payroll deduction according to any

public employee's request under this paragraph.

(b) A public employer must rely on a certification from an exclusive representative

requesting remittance of a deduction that the organization has and will maintain an

authorization signed, either by hand or electronically according to section
325L.02
, paragraph

(h), by the public employee from whose salary or wages the deduction is to be made. An

exclusive representative making a certification is not required to provide the public employer

a copy of the authorization unless a dispute arises about the authorization's existence or

terms.

(c) A payroll deduction authorization is effective until the exclusive representative

notifies the employer that a public employee has changed or canceled the employee's

authorization in writing in accordance with the terms of the original authorization. When

determining whether deductions have been properly changed or canceled, a public employer

must rely on information from the exclusive representative receiving remittance of the

deduction.

(d) Deduction authorization under this section is:

(1) independent from the public employee's membership status in the organization to

which payment is remitted; and

(2) effective regardless of whether a collective bargaining agreement authorizes the

deduction.

(e) An employer must:

(1) begin deductions within 30 days after an exclusive representative submits a

certification under paragraph (b); and

(2) remit the deductions to the exclusive representative
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, or, for employees who are

teachers, to the organization of the public employee's choice,
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within 30 days of the deduction.

(f) An exclusive representative must indemnify a public employer:

(1) for any successful employee claim for unauthorized employer deductions made by

relying on an exclusive representative's certification under paragraph (b); and

(2) for any successful employee claim for unauthorized employer deductions made by

relying on information for changing or canceling deductions under paragraph (c), with

indemnification including any reasonable attorney fees and litigation costs.

(g) Any dispute under this subdivision must be resolved through an unfair labor practice

proceeding under section
179A.13
. It is an unfair labor practice if an employer fails to

comply with paragraph (e), and the employer must reimburse deductions that should have

been made or remitted based on a valid authorization given by the employee or employees.

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(h) The exclusive representative shall inform public employees who are teachers of the

option to allocate their union dues or membership fees to the local, state, or national

organization of their choice. Any dues deduction authorization must clearly provide public

employees who are teachers this choice.

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(i) The exclusive representative shall inform public employees who are teachers that

federal law prohibits them from being compelled to join a union or pay dues or fees to a

union. Any dues deduction authorization must clearly provide public employees who are

teachers with this notice.

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Sec. 3.

Minnesota Statutes 2024, section 181.06, subdivision 2, is amended to read:

Subd. 2.

Payroll deductions.

A written contract may be entered into between an employer

and an employee wherein the employee authorizes the employer to make payroll deductions

for the purpose of paying union dues, premiums of any life insurance, hospitalization and

surgical insurance, group accident and health insurance, group term life insurance, group

annuities or contributions to credit unions or a community chest fund, a local arts council,

a local science council or a local arts and science council, or Minnesota benefit association,

a federally or state registered political action committee, membership dues of a relief

association governed by sections
424A.091
to
424A.096
or Laws 2013, chapter 111, article

5, sections 31 to 42, contributions to a nonprofit organization that is tax exempt under section

501(c) of the Internal Revenue Code, or participation in any employee stock purchase plan

or savings plan for periods longer than 60 days, including gopher state bonds established

under section
16A.645
. A private sector employer must make payroll deductions to a nonlabor

organization under this subdivision when requested by five or more employees
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, or, if the

employee is a teacher, as defined under section 179A.03, subdivision 18, to the labor

organization of the private employee's choosing, as provided in section 10A.12, subdivision

5
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.