Agenda - Council - 02/08/2021 - Laserfiche WebLink

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local government to submit reports of its pay structure to the state's Pay Equity Compliance Coordinator within the Department of Management and Budget. The data is then subject to analysis to determine if there are inequities in the city's pay structure. Since its passage, the administrative rules implementing the Act have not substantively changed. Response: The League of Minnesota Cities supports the Local Government Pay Equity Act, and seeks to partner with the Legislature and the state's Pay Equity Compliance Coordinator to update and improve the current system so that cities can more efficiently and effectively fulfill the mandated reporting requirements. Local governments and the state should: a) Explore and document problems individual local governments are experiencing, and evaluate whether the problems are widespread and if they can be resolved administratively; b) Evaluate the reporting process, and make recommendations for improvement as needed; c) Review the methodology for analyzing pay equity data; and d) Evaluate the process by which cities receive notification of reporting requirements and compliance issues and make recommendations for improvement as needed. HR-4. Public Employment Labor Relations Act (PELRA) Issue: The League of Minnesota Cities supports the purpose of the Public Employment Labor Relations Act (PELRA) to balance the rights and interests of public employees, public employers, and the general public. However, certain changes are necessary to assist public employers in implementing this law. For example, current 106 definitions of "public employee" are confusing and difficult to manage. In addition, the arbitration process has produced decisions that are contrary to the interests of the public, and the legal standard for overturning arbitration decisions is very difficult to meet. Also, recent interpretations of Minn. Stat. § 179A.25 (independent review of non -union employee grievances) has created uncertainty and confusion in the longstanding judicial process used by courts to review city council administrative decisions, particularly employment termination decisions of non- union employees. Response: Minn. Stat. ch. 179A should be modified to: a) Change the definition of "public employee" under PELRA by removing the existing 14-hour/67-day requirement and replace it with a definition in which employees must work an annual average of 20 hours or more per week. b) Exclude temporary or seasonal employees, as well as unpaid volunteers, from the PELRA definition of public employee in Minn. Stat. ch. 179A. c) Provide different options for accessing arbitrators and utilizing the arbitration process in order to "address inequities" between union and management representatives. d) Allow public employers to bypass mandatory arbitration required under PELRA and directly access the district court or Office of Administrative Hearings system in situations where an employee is being terminated for gross misconduct (e.g., excessive use of force, sexual harassment, sexual abuse, theft or a felony conviction) that is related to the employee's position with the public