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The MLPNA Annual Convention will be held on April 20 - 22, 2010 at the Holiday Inn Alexandria, 5637 Hwy 29 South, Alexandria MN 56308.
March 16, 2007 City of Rochester, Minnesota - and - International Brotherhood of Electrical Workers, Local 949, Minneapolis, Minnesota BMS Case No. 07-PDP-0818 ORDER TO RELEASE CERTAIN DATA PURSUANT TO THE MINNESOTA GOVERNMENT DATA PRACTICES ACT INTRODUCTION On March 6, 2007, the State Of Minnesota, Bureau of Mediation Services (Bureau) received a written request (Request) from the International Brotherhood of Electrical Workers, Local 949,Minneapolis, Minnesota (IBEW Local 949) to order the release of certain data concerning employees of the City of Rochester,Minnesota (City). On March 9, 2007, the Bureau requested the City respond to the IBEW Local 949 request. IBEW Local 949 was copied on the request and the parties were advised that “Unless otherwise requested I will not conduct a hearing into this matter but will make a determination based on the submissions of the parties.” On March 13, 2007, by electronic mail the Bureau received the City’s response stating they had provided ten (10) items of informationrequested on February 28, 2007 but viewed the remaining five (5) items as private information not subject to release. Representation IBEW Local 949 is represented by Connie L. Howard, Attorney and the City is represented by Linda Gilsrud, Director of Human Resources. Issue Shall the Bureau order the release of the requested data? Jurisdiction The Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, (DPA)(2006) provides as follows: 13.43, Subdivision 1.
Definition Access by labor organizations. Personnel data may be disseminated to labor organizations to the extent that the responsible authority determines that the dissemination is necessary to conduct elections, notify employees of fair share fee assessments, and implement the provisions of chapters 179 and 179A.
Discussion 1. The Request IBEW Local 949 asks the Bureau to order the release of the following information: A) Performance evaluations for each of the employees who were finalists interviewed for promotion to the shift foreman position; B) Commendations received by each of the Foreman finalists; C) Interview rating forms completed by each of the interviewers for each of the Foreman finalists; D) Interview notes completed by each of the interviewers for each of the Foreman finalists; and E) All other information referred to or relied upon by the Rochester Public Utility in evaluating and ranking the Foreman finalists. The City has provided certain other requested data, therefore, the only issue before the Bureau is whether to order the release of the above evaluative data. 2. IBEW Local 949 Position IBEW Local 949 represents a variety of engineers who work at the City of Rochester Public Utility. The Parties are currently in a grievance concerning possible contract violation with regard to a promotional opportunity. IBEW Local 949 argues that the requested information is necessary for it to properly carry out its responsibility as the exclusive representative under the Public Employment Labor Relations Act (PELRA). 3. City Position The City has determined that the requested data is “Private information not subject to release.” 4. Analysis Whether IBEW Local 949 has a valid, arbitrable grievance under the collective bargaining agreement is not an issue for the Bureau to determine. As we held in County of Ramsey and AFSCME Council 14, BMS Case No. 94-PDP-2012 (August 16, 1995) Grievance processing is a fundamental part of the duties of an exclusive representative and is an integral facet of the overall collective bargaining process.” The parties here, as in Ramsey County, are engaged in collective bargaining pursuant to the PELRA. The collective bargaining process imposes certain obligations and responsibilities on each party, a fact recognized by the legislature at Minn. Stat. 13.43, Subd. 6. This portion of the law provides that when there is a dispute about access to personnel data in the context of collective bargaining under the PELRA, the commissioner is required to make a judgment if the requested data is necessary. The only question at Minn. Stat. 13.43, Subd. 6, is whether the information is necessary for the collective bargaining. It is our judgment that since the parties are currently processing a grievance regarding a promotional opportunity, it is necessary that the exclusive representative have access to the requested information in order to carry out its statutory responsibilities. FINDING The evaluative data is necessary for IBEW Local 949 to fully perform its duty as the exclusive representative. By accepting this data the Union, its officers and their representatives acknowledge their confidentiality obligations restricting distribution, examination or discussion of the private data contained therein. ORDERS 1. In accordance with the Minnesota Government Data Practices Act, Minn. Stat. 13.43, Subd. 6, the City is hereby Ordered to release to IBEW Local 949 the data itemized above. 2. IBEW Local 949 may use the data only for the purposes of contract administration. IBEW Local 949 shall maintain a record of who has access to and/or is provided a copy of the data. Such access to the data must be restricted to members and officials of IBEW Local 949 who will use it in representation of members of the bargaining unit in this grievance. 3. If the grievance process between the parties reaches an arbitrator and the data is presented as evidence, the arbitrator shall insure that individual employee data does not become public. STATE OF MINNESOTA Bureau of Mediation Services James A. Cunningham, Jr. Commissioner Steven G. Hoffmeyer Deputy Commissioner cc Linda Gilsrud Connie L. Howard
individuals collected because the individual is or
was an employee of or an applicant for employment
by, performs services on a voluntary basis for, or
acts as an independent contractor with a state
agency, statewide system or political subdivision
or is a member of or an applicant for an advisory
board or commission.
The data in dispute consists of performance evaluations,
commendations, interview rating forms, interview notes and
other information related to evaluating and ranking the Foreman finalists. The data IBEW Local 949 seeks is personnel data as defined above. IBEW Local 949 seeks this information to process a grievance regarding a recent Shift Foreman promotional opportunity at the City’s Public Utility.
The DPA specifies categories of personnel data which are public (Minn. Stat. 13.43, Subd. 2). It further provides that all other personnel data is private data on individuals (Minn. Stat. 13.43,
Subd. 4). Because the evaluation data is personnel data which does not fall within the categories of public personnel data detailed at Minn. Stat. 13.43, Subd 2, it is private data on individuals.
Minn. Stat. 13.43, Subd. 6, provides:
Subd. 6.
Personnel data shall be disseminated to labor organizations and to the bureau of mediation services to the extent the dissemination is ordered or authorized by the commissioner of the bureau ofmediation services.
Thus, if the responsible authority declines to release information requested by a labor organization, the commissioner shall authorize or order its release to the extent that he determines such release is necessary to conduct elections, notify employees of fair share fee assessments, and implement the provisions of chapters 179 and 179A.
As used in this section, "personnel data" means data on
IN THE MATTER OF A REQUEST TO ORDER RELEASE OF CERTAIN INFORMATION
Posted on: 06/24/2009