Minnesota Unions laws & HR compliance analysis

Minnesota Unions: What you need to know

The right of workers in private employment to form unions and bargain collectively with their employers is guaranteed by the National Labor Relations Act (NLRA) and related federal laws. The NLRA is preemptive, meaning that it supersedes state law in the areas that it covers. However, in areas not covered by the NLRA, such as the rights of public employees and the rights of private employees who are not engaged in interstate commerce, the states are free to make their own provisions. The following is a discussion of certain provisions of Minnesota law regarding the rights of employees not covered by the NLRA.
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The Minnesota Labor Relations Act is similar to the NLRA in that it guarantees the right of private sector employees to organize, bargain collectively, and strike. It specifically prohibits a number of unfair labor practices by employers and by unions. The law covers all employers except public employers and those covered by the federal Railway Labor Act and all employees except agricultural laborers; persons working for their parent, child, or spouse; and domestics. Because federal law has supremacy over state law on most labor relations questions, Minnesota's law serves to extend basic protections into areas not covered by the federal law, mainly labor disputes involving businesses that are not engaged in interstate commerce (MN Stat. Sec. 179.01et seq.).
It is unlawful for charitable hospital employees to strike or for their employers to engage in a lockout (MN Stat. Sec. 179.36, MN Stat. Sec. 179.37).
Unfair labor practices. The following are examples of unfair labor practices by employees and unions: engaging in a strike that is ...

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