Bill Would Repeal Law Enforcement Arbitration Selection Process Enacted in 2020

The measure, which the League opposes, would eliminate the recently enacted process of automatic Bureau of Mediation Services assignments of arbitrators for law enforcement grievance arbitrations.

On March 26, the House Public Safety Finance and Policy Committee considered a bill that would overturn a significant law enforcement arbitration measure established in 2020.

HF 1375, sponsored by Rep. Bidal Duran (R-Bemidji), would repeal a law that requires the Bureau of Mediation Services (BMS) to maintain a six-person arbitrator roster for  grievance arbitrations related to written discipline, discharge, and termination of peace officers under collective bargaining agreements. Under the current law, BMS assigns an arbitrator, preventing either party involved in the grievance from influencing the selection.

Before 2020, employers and employees selected arbitrators through a process allowing each party to eliminate individual arbitrators from a list until just one remained. According to some employment attorneys, this process could lead to arbitrators feeling pressured to rule in favor of employers and employees with equal frequency in order to avoid being stricken from future cases. As a result, legitimate disciplinary actions were sometimes overturned.

The 2020 law was enacted as part of a broader law enforcement accountability package following the murder of George Floyd by a police officer.

Support and opposition of the bill

Supporters of HF 1375, including the Minnesota Police and Peace Officers Association and Law Enforcement Labor Services, testified that since the 2020 law went into effect, arbitrators have increasingly sided with employers in grievance arbitration proceedings.

League Board member and Edina City Manager Scott Neal testified against the bill on behalf of the League. In part, Neal said, “The grievance arbitration selection procedure that was passed into law in June of 2020 has been a success from the perspective of cities across the state. It has created parity in the assignment of arbitrators and has increased the overall integrity of the peace officer grievance arbitration process.” The Minnesota Chiefs of Police Association also testified in opposition.

Next steps

The bill was laid over by the committee. It is unclear whether it will advance, particularly since Democratic-Farmer-Labor (DFL) members of the committee expressed concerns. Republicans and DFLers hold an equal number of votes on the committee, meaning any motion receiving a tie vote fails. The proposal could still be included in the committee’s omnibus bill without receiving a standalone vote.

The Senate companion, SF 2111, sponsored by Sen. Judy Seeberger (DFL-Afton), has not been scheduled for a hearing in the Senate Judiciary and Public Safety Committee, where it was referred upon introduction.

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