Labor/Management Relations
Issue
Should Minnesota change its labor/management laws by enacting legislation on mandatory binding arbitration for first contracts, employer neutrality requirements, union recognition, unfair labor practices, mandatory employee meetings, or giving equal time and notice to union representatives?
Policy
The Minnesota Chamber opposes any change to the Minnesota Labor Relations Act that would be pre-empted by federal law. Labor-management relations are governed first and foremost by the National Labor Relations Act (NLRA). A key component of the NLRA is its pre-emption of state law. States generally are prohibited from regulating in any way the rights and obligations established by the Act. In recent years, the Legislature has debated several proposals which we believe are contrary to and pre-empted by federal labor law. The Chamber has and will continue to oppose such legislation. For example, the Chamber:
Opposes mandatory binding arbitration for first contracts.
This legislation would require mandatory binding arbitration upon the request of either the employer or the exclusive representative of the employees if: (1) the employer and the exclusive representative have failed to negotiate an initial collective bargaining agreement; (2) mediation has failed to bring about a settlement; and (3) the request for arbitration was made more than six months but less than one year from the date of accreditation of the exclusive representative..-
Opposes employer neutrality requirements.
This legislation prohibits employers that receive state funds – whether through grants or contracts for goods or services – from using those funds to discourage union organizing.
Opposes union recognition by any means other than a secret ballot election.
This legislation would require employers to recognize a union if 60 percent of the employees signed a union authorization card. Opposes defining as an unfair labor practice an employer’s refusal to allow union representatives to attend meetings.
. This legislation would make an unfair labor practice for employers to refuse to allow a union representative to be present at a meeting with employees where the employers provide information intended to discourage employees from voting for union certification. Opposes mandatory employee meetings or communication.
. This legislation prohibits mandatory employee meetings or communications regarding the employer’s opinion about issues like union organizing. Opposes giving notice and equal time to union representatives
. This legislation would require employers that hold meetings to express opinions discouraging unionization (either by requiring employees to attend or paying employees to attend), to give notice and equal time (sometimes at the employer’s expense) to union representatives to express opinions encouraging unionization.
Business Impact
If legislation on mandatory binding arbitration for first contracts, employer neutrality in union organizing campaigns, union recognition, unfair labor practices, mandatory employee meetings or communication, or giving equal time and notice to unions to discuss unionization at employer meetings were to become law, some Minnesota companies will have to undertake costly and unnecessary litigation. We are confident such legislation would be pre-empted by the National Labor Relations Act and found inapplicable to Minnesota businesses that operate in interstate commerce. As such, only the smallest Minnesota businesses would be affected by this legislation which will create a new and onerous burden on smaller Minnesota businesses.
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