Frequently Asked Questions

IS MSEA a union?
Yes, MSEA is a union. According to the Public Employee’s Labor Relations Act (PELRA) we are an employee organization (§179A.03 Subd. 6). Another term frequently used to describe unions is "exclusive representative" (§179A.03 Subd. 8). Employee organizations use a variety of terms including association, federation or union - all of which are identical in the eyes of the law.

What role does an employee organization serve?
The purpose or role of an employee organization is to "meet and negotiate" (§179A.03 Subd. 11) with your employer on the "terms and conditions" (§179A.03 Subd. 19) of your employment.

Do I have a legal right to organize or join an employee organization?
Yes, according to the PELRA (§179A.06 Subd. 2) all public employees have a legal right to organize or join an employee organization.

Can I be fired or harassed for organizing or joining an employee organization?
Absolutely not! It is against the law, PELRA (§179A.13 Subd. 2), for an employer to take any action against an employee for joining an employee organization.

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What state agency enforces the PELRA?
The Bureau of Mediation Services (BMS), part of the Executive Branch of Minnesota State Government, is responsible for conducting all elections, receiving all petitions, verifying all signatures, determining appropriate units and issuing any and all rulings necessary.

How do workers organize or join an employee organization?
There are 3 major steps in organizing:

A. Demonstration of Interest (§179A.12 Subd. 3)
B. Determination of Appropriate Unit (§179A.09)
C. Election (§179A.12 Subd. 7-10)

A. Demonstration of Interest
In order to demonstrate sufficient interest to call for an election at least 30% of the appropriate unit must sign signature cards or petitions. These signatures are submitted to the BMS for authorization along with an election petition.

It is important to note that MSEA generally does not advise filing for an election unless approximately 70% of the group have submitted signature cards. Upon receiving the election petition the BMS issues a "Maintenance of Status Quo" Order to the employer. The order freezes all terms and conditions of employment in place pending the outcome of the election.

B. Determination of Appropriate Unit
After receiving the signature cards and petition for election, the BMS contacts the employer and requests a list of all employees in the appropriate unit. That list is then given to the employee organization. After the employer and the employee organization agree on the list of employees the BMS certifies the list and prepares for the election.

C. Election
The BMS receives a list of all eligible employees and their addresses from the employer. Using this list the BMS prepares and mails ballots to all eligible employees. The employees are then responsible for completing and mailing their ballot to the BMS. On the day the ballots are to be counted, both the employer and the employee organization may send observers to view the counting of the ballots. The election is determined by a simple majority of the ballots cast.

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What happens after the election?
If the majority of employees returning ballots favor organizing then the work of negotiating your first contract begins. First we select a negotiation team. The negotiation team will survey the membership. Using the results of that survey the team will then draft a first contract proposal. The first contract proposal will be distributed to all members for discussion, debate, editing and eventual ratification. After the membership approves the first contract proposal we schedule a meeting with the school district and begin contract negotiations.

If the majority of employees returning ballots oppose organizing then everything returns to how it was before the election.

Who is on the negotiation team?
The team is comprised of members of the group with MSEA staff serving in an advisory capacity.

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