Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 373-H.F.No. 2708
An act relating to agriculture; providing for
associations of producers; setting dispute resolution
procedures; establishing an advisory committee;
amending Minnesota Statutes 1996, sections 13.99,
subdivision 6d; 17.692; 17.693, subdivisions 1, 2, and
6; 17.694, subdivisions 1, 2, 3, 6, and 7; 17.696,
subdivision 2; 17.697; 17.698; 17.70, subdivisions 1,
2, and 3; 17.701; proposing coding for new law in
Minnesota Statutes, chapter 17; repealing Minnesota
Statutes 1996, section 17.699.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 13.99,
subdivision 6d, is amended to read:
Subd. 6d. [AGRICULTURAL PRODUCER ASSOCIATION AND COMMODITY
HANDLERS.] Access to data filed with the commissioner of
agriculture by agricultural producer associations and
agricultural commodity handlers is governed by section 17.694,
subdivision 1.
Sec. 2. Minnesota Statutes 1996, section 17.692, is
amended to read:
17.692 [DECLARATION OF POLICY.]
Since Agricultural products are produced by numerous and
often scattered individual producers, the marketing and
bargaining position of individual producers will be adversely
affected unless they are free to join together voluntarily in
cooperative associations or other associations as authorized by
law. Membership of a producer in such a cooperative association
or other association can only be meaningful if a handler of
agricultural products is required to bargain in good faith with
an agricultural cooperative association or other association as
the representative of the members of such association.
Production and marketing of agricultural commodities constitutes
a basic and essential industry. Agricultural producers do not
now enjoy the opportunity, comparable to that of industrial
workers and those in many other forms of enterprise or
employment, to organize and bargain effectively. Neither is
adequate government provision available to assure that the
bargaining process shall be fair both to producers and handlers
and in the public interest. in Minnesota by many individual
farmers, ranchers, and handlers scattered throughout the state.
The efficient production and marketing of agricultural products
by farmers, ranchers, and handlers is of vital concern to their
welfare and to the general economy of Minnesota. The marketing
and bargaining position of individual farmers, ranchers, and
handlers will be adversely affected unless they are free to join
together voluntarily in cooperative organizations as authorized
by law. Interference with this right is contrary to the public
interest, adversely affects the free and orderly flow of goods
in interstate and foreign commerce, and affects the welfare of
the people of Minnesota. It is, therefore, declared to be the
policy of this state and the purpose of this chapter to
establish standards of fair practices required of handlers and
producers in their dealings in agricultural products and to
encourage settlement of disputes between handlers and producers
of agricultural products.
Sec. 3. Minnesota Statutes 1996, section 17.693,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections
17.691 to 17.701 17.703, the terms defined in this section have
the meanings given them.
Sec. 4. Minnesota Statutes 1996, section 17.693,
subdivision 2, is amended to read:
Subd. 2. [ASSOCIATION; ASSOCIATION OF PRODUCERS.]
"Association" or "association of producers" means an association
of producers, or federation of cooperative association of
producers engaged in producing, marketing, bargaining, shipping
or processing functions of an agricultural commodity of
agricultural commodities engaged in marketing, bargaining,
shipping, or processing an agricultural commodity into
agricultural products on behalf of its members who are producers
of such the agricultural commodity, which has been accredited by
the commissioner.
Sec. 5. Minnesota Statutes 1996, section 17.693,
subdivision 6, is amended to read:
Subd. 6. [HANDLER.] "Handler" means a person, other than
an association, engaged in the business or practice of acquiring
agricultural commodities from producers or associations for
processing or sale; grading, packaging, handling, storing, or
processing agricultural commodities received from producers or
associations; contracting or negotiating contracts or other
arrangements with or on behalf of producers or associations with
respect to the production of any agricultural commodity; or
acting as an agent or broker for a handler in the performance of
any function or act specified above. It does not include a
producer who sells at a retail establishment which the producer
owns and operates or who sells at a produce market, agricultural
commodities produced by the producer and agricultural
commodities produced by another producer subject to value
limitation established by the commissioner.
Sec. 6. Minnesota Statutes 1996, section 17.694,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURES.] Any association accredited
under this section may engage in bargaining as provided for
under sections 17.691 to 17.701 17.703.
(1) An association desiring accreditation shall file with
the commissioner in the form required by the commissioner. The
request shall contain properly certified evidence that the
association meets the standards for accreditation and shall be
accompanied by a report of the names and addresses of member
producers, the name of each handler to whom the member producer
delivered or contracted to deliver the agricultural commodity
during the previous two calendar years and the quantity
delivered or acreage grown. A fee to cover the costs of the
commissioner in processing the request shall be established
pursuant to chapter 14, and paid by the association when the
request is filed.
(2) The commissioner shall notify all handlers named in the
request for accreditation of an association of producers. The
notice must be sent to the handlers named in the request by
first class mail within ten days of the commissioner receiving
the request for accreditation. The commissioner shall maintain
records indicating the date of mailing.
(2) (3) The commissioner may require all handlers of an
agricultural commodity produced in a bargaining unit area as
individuals or through their trade association to file with the
board within 30 days following such a request, a report,
properly certified, showing the correct names and addresses of
all producers of the agricultural commodity who have delivered
the agricultural commodity to the handler during the two
calendar years preceding the filing of the report and the
quantities of the agricultural commodity received by the handler
from each named producer during those periods. The information
contained in the individual reports of handlers filed with the
commissioner shall not be made public by the commissioner nor
available to any person for private use.
(4) Data submitted to the commissioner by producer
associations under clause (1) and by commodity handlers under
clause (3) are private data on individuals or nonpublic data, as
defined in section 13.02, subdivision 9 or 12.
Sec. 7. Minnesota Statutes 1996, section 17.694,
subdivision 2, is amended to read:
Subd. 2. [BARGAINING UNIT DETERMINATION.] In determination
of accreditation, the commissioner shall determine whether the
appropriate bargaining shall be appropriate unit by plant,
processor, or company but may define the bargaining unit by
processor or company if there is a history of identical
contracts offered to producers on a processor or company-wide
basis. This determination shall be the unit area for the
bargaining provisions of sections 17.691 to 17.701 17.703 as is
applicable to associations and handlers. In making a
determination, the commissioner shall define as appropriate
the largest bargaining unit area in terms of the quantity of the
agricultural commodity produced, the definition of the
agricultural commodity, geographic area covered, and number of
producers included as is consistent with the following criteria:
(a) (1) the community of interest of the producers
included;
(b) (2) the potential serious conflicts of interests among
members of the proposed unit;
(c) (3) the effect of exclusions on the capacity of the
association to effectively bargain for the bargaining unit as
defined;
(d) (4) the kinds, types, and subtypes of products to be
classed together as agricultural commodity for which the
bargaining unit is proposed;
(e) (5) whether the producers eligible for membership in
the proposed bargaining unit meet the definition of "producer"
for the agricultural commodity involved;
(f) (6) the wishes of the producers; and
(g) (7) the pattern of past marketing of the commodity.
Sec. 8. Minnesota Statutes 1996, section 17.694,
subdivision 3, is amended to read:
Subd. 3. [STANDARDS.] An association shall be accredited
only if it complies with the following:
(a) The association meets the requirements of the
Capper-Volstead Act, United States Code, title 7, section 291-2.
(b) The association has submitted a copy of its bylaws
which provide that: Each member of the association shall have
one vote in all votes of the membership of the association; that
officers or directors shall be elected by a majority of the
members voting or by delegates representing a majority of the
membership; and that all elections shall be by secret ballot.
(c) The association would have marketing and bargaining
contracts for the current or next marketing year with more than
50 percent of the producers of an agricultural commodity who are
in the bargaining unit area and these contracts would cover more
than 50 percent of the quantity of that commodity produced by
producers in that bargaining unit area. The commissioner may
determine the quantity produced by the bargaining unit area
using information on production in the prior year, current
marketing information, and projections on production during the
current marketing year. The commissioner shall exclude from the
quantity of the agricultural commodity contracted by producers
with producer owned and controlled processing cooperatives and
any quantity produced by handlers. An association whose main
purpose is bargaining but which processes a surplus into a form
which is not the subject of bargaining is not a processing
cooperative. The contracts with members shall specify the
agricultural commodity and that the members have appointed the
association as their exclusive agent in negotiations with
handlers for prices and other terms of trade with respect to the
sale and marketing of the agricultural commodity and obligate
the members of the association to dispose of their production or
holdings of the agricultural commodity through or at the
direction of the association.
Sec. 9. Minnesota Statutes 1996, section 17.694,
subdivision 6, is amended to read:
Subd. 6. [REVOCATION.] The commissioner shall consider
revocation of accreditation upon any of the following conditions:
(a) Upon receipt of a request from an accredited
association for its own disaccreditation.
(b) Upon receipt of a petition requesting that the
accredited association be disaccredited and bearing the
signatures of at least ten percent of the producers of an
accredited association in the bargaining unit. Within ten days
following the receipt of a petition bearing the signatures of at
least ten percent of the producers of an accredited association
in a bargaining unit the board shall order, the commissioner to
initiate shall order a referendum, to take place at least seven
days but not more than 20 days after the order, among the
members of the accredited association and if in the referendum a
majority of the producers, producing 50 percent of the commodity
50 percent of association members approve, the association
accreditation shall be revoked by the board commissioner. The
commissioner shall have representatives of the department
present at the referendum vote to conduct the referendum and
take action to prevent unfair practices by the association of
producers or handlers to obstruct or influence voting.
Tabulation of the vote is the responsibility of the department.
The department may adopt rules governing any referendum for
repeal of accreditation. A request for a revocation of
accreditation may occur only during the first three months of a
marketing year.
Sec. 10. Minnesota Statutes 1996, section 17.694,
subdivision 7, is amended to read:
Subd. 7. [REPRESENTATION.] The accredited association
shall represent all member producers who are in the bargaining
unit area and it shall act as exclusive sales agents for
the members of the accredited association in the bargaining unit
area in negotiations with handlers. The association may not
assess, bargain for, or claim to represent those producers who
choose not to be represented by the association or choose not to
have a bargaining committee bargain for them.
Sec. 11. Minnesota Statutes 1996, section 17.696,
subdivision 2, is amended to read:
Subd. 2. [UNFAIR PRACTICES.] An association shall not
engage nor permit an employee or agent to engage in the
following practices, defined as unfair practices:
(a) To (1) coerce a producer in the exercise of the right
to join and belong to or to refrain from joining or belonging to
an association or refuse to deal with a producer because of the
exercise of the right to join and belong to or refrain from
joining an association;
(2) enter into a contract which discriminates against a
producer represented by that association.;
(b) To (3) act in a manner contrary to the bylaws of the
association.;
(c) To (4) coerce or intimidate a handler to breach,
cancel, or terminate an agreement or marketing contract with an
association or a contract with a producer.;
(d) To (5) make or circulate unsubstantiated reports about
the finances, management, or activities of other associations or
handlers.; or
(e) To (6) conspire, combine, agree, or arrange with
another person to do or aid or abet the doing of any practice
which is in violation of sections 17.691 to 17.701 17.703.
Sec. 12. Minnesota Statutes 1996, section 17.697, is
amended to read:
17.697 [BARGAINING DEFINED; NOTICE OF COMMENCEMENT OF
NEGOTIATIONS; MEDIATION PROCEDURE INFORMATIONAL EXCHANGES;
DISPUTE RESOLUTION.]
Subdivision 1. [DEFINITION.] As used in sections 17.691 to
17.701 17.703, "bargaining" "informational exchange" means the
mutual obligation of a handler and an association or their
designated representatives to meet at reasonable times and
confer and negotiate in good faith. Negotiations may include
all terms relative to trading between handlers and producers of
the agricultural commodity such as a mutually agreed upon time
in conformance with sections 17.691 to 17.703 and confer and
provide information about their expectations for the upcoming
marketing year. The informational exchange must be a serious,
fair, and reasonable attempt to reach agreement by acknowledging
or refuting with reason points brought up by either party with
respect to the terms and conditions of a contract relative to
trading between handlers and producers of the agricultural
commodity. The topics may include, but are not limited to, the
following:
(a) (1) prices and terms of sale;
(b) (2) quality specifications;
(c) (3) quantity to be marketed by acreage or weight;
(d) (4) transactions involving products and services
utilized by one party and provided by the other party; and
(e) (5) checkoff procedures pursuant to assessments levied
by the association, not to exceed one-half of one percent of the
gross value of the producers annual production contract are
collected by handlers from proceeds to producers within the
bargaining unit and paid to the association whereby a portion of
the producers' annual production payments under a contract are
collected by handlers from producers within the bargaining unit
and paid to the association on some other arrangement.
Subd. 2. [FIRST TWO MEETINGS.] The association shall
notify the commissioner of the commencement of negotiations. The
handler and an association of producers or their designated
representatives shall meet at least two times for informational
exchanges prior to 60 days before the beginning of the marketing
year. Neither party, however, is required to disclose
proprietary business or financial records or information. Both
parties shall inform the department in writing of the time of
both informational exchanges at least ten days prior to the
first meeting. Verification of completion of training in
negotiation, as described in section 17.702, must be included
with the notification sent to the commissioner.
Subd. 3. [CONTINUING NEGOTIATIONS.] (a) If no agreement is
reached at the expiration of ten days after service of such
notice to the commissioner, the association may, at any time
thereafter, petition the commissioner to assume supervision over
the dispute, except as provided for by clause (e).
(b) The commissioner shall then set a time and place for
conference with the parties to present facts representing each
party's case and hearing arguments. The commissioner shall take
such steps, in accordance with rules promulgated under sections
17.691 to 17.701, as the commissioner deems expedient to affect
a voluntary, amicable and expeditious adjustment and settlement
of the differences between the handler and the association.
(c) At any time prior to 15 days before the first day of
the marketing year in dispute, if an agreement on the issues in
dispute between the association and the handler has not been
reached, the handler may elect not to purchase, directly or
indirectly, any quantity of the agriculture commodity produced
by the association during that marketing year; or, the affected
producers may elect not to sell, directly or indirectly, any
quantity of the agricultural commodity produced by the
association during that marketing year; or, the affected
producers may elect not to sell, directly or indirectly, any
quantity of the agricultural commodity to the handler during
that marketing year.
(d) If either party makes an election, the other party is
not under an obligation to continue bargaining with the party so
electing for terms during the marketing period in dispute. Both
parties may, however, engage immediately in bargaining for the
following marketing year.
(e) If the petition requesting the commissioner to assume
supervision over a dispute is presented 15 days or less before
the marketing year in dispute, then the commissioner shall
exercise discretionary authority, according to rules promulgated
under sections 17.691 to 17.701, in determining which disputes
are arbitrable before the start of the marketing year in dispute.
After the conclusion of the second informational exchange and no
agreement is reached, negotiations may continue between the
parties at mutually agreed upon times. Mediation may be
requested in accordance with this section by any party.
Subd. 4. [AGREEMENT NOT REQUIRED.] The parties may reach
agreement for a contract during the informational exchanges.
However, the obligation to meet for informational exchanges does
not require either party to agree to a proposal, to make a
concession, or to enter into a contract.
Subd. 5. [IF NO AGREEMENT IS REACHED.] If an agreement is
not reached during the informational exchanges, negotiations
must be considered to continue and either party may request
mediation as provided in this section. Negotiations may
continue without mediation and an agreement may be reached
without the use of mediation. Negotiations must be a serious,
fair, and reasonable attempt to reach agreement by acknowledging
or refuting with reason points brought up by either party with
respect to the terms and conditions of a contract relative to
trading between handlers and producers of the agricultural
commodity. A request for mediation requires both parties to the
negotiation to complete the mediation process described in this
section, but does not obligate either party to agree to a
proposal, to make a concession, or to enter into a contract.
However, the parties are required to perform according to any
agreement reached at the conclusion of the mediation process.
Subd. 6. [MEDIATION REQUEST.] An association of producers
or a handler may request mediation only within ten days after
the second informational exchange meeting. Written notice
requesting mediation must be mailed to the commissioner and
postmarked within ten days of the second informational exchange,
with a copy to the nonrequesting party, and the notice for
mediation must contain the last offer made by the party
requesting mediation. Within three days after receiving the
request for mediation, the commissioner shall require the
nonrequesting party to provide reasons for rejecting the last
offer made by the requesting party and revisions to the last
offer that might be required to reach an agreement. The
nonrequesting party will have five days from the date of the
postmark to provide a response to the commissioner and also
provide a copy of the response to the requesting party. The
commissioner shall request the American Arbitration Association
or a comparable dispute resolution organization to make
available a list of at least three qualified mediators, but not
more than six, for the parties to select one individual to
mediate the dispute. Qualified mediators are those who have met
the training requirements of Rule 114.12 of the Minnesota
General Rules of Practice for the District Courts, are familiar
with sections 17.691 to 17.703, and have served as mediator in
at least three other commercial disputes or have commensurate
experience. The handler and the association may agree on a
mediator or, failing agreement, the commissioner may select the
mediator from the list provided by allowing each party to strike
one mediator and choosing one from the remaining names on the
list.
Subd. 7. [MEDIATION RULES.] The American Arbitration
Association mediation rules must be followed during the
mediation process. If there is a conflict between those rules
and this statute, the statute prevails. Any information shared
in the mediation process or offers to settle are to be
considered confidential and must not be used against either
party in any other proceeding, court action, or dispute
resolution process unless otherwise discoverable from outside of
the mediation process.
Subd. 8. [DURATION OF MEDIATION.] The mediation process
must conclude not more than 20 days after the mediator has been
selected and notified by the department. If the mediator feels
that additional time may result in an agreement between the
parties, the mediator may extend the mediation process for an
additional five days. However, the mediation must conclude,
under any circumstance, no later than 15 days prior to the start
of the marketing year, unless the parties agree to a different
date, but no later than the first day of the marketing year.
Subd. 9. [MEDIATION COSTS.] All costs for retaining a
mediator and proceedings during the mediation process must be
shared equally by both parties.
Subd. 10. [SUBPOENAS.] The commissioner has the subpoena
authority to compel participation in the mediation process for
either party after the informational exchanges.
Subd. 11. [ENFORCEABILITY.] Any final written agreement
reached during the mediation procedure is enforceable under the
law and in the courts of this state. The parties are not
required to reach an agreement, but they are required to proceed
through the mediation process as outlined in this section.
Subd. 12. [BINDING ARBITRATION.] If an agreement is not
reached during the mediation process, and upon written consent
by both parties, binding arbitration as set forth in this
chapter may be used to create a contract or resolve the dispute.
Subd. 13. [NOTIFICATION.] The parties shall each notify
the commissioner after the end of the mediation period, if an
agreement has not been reached, of their desire to use binding
arbitration to settle the dispute. An arbitrator must be
selected as provided in subdivision 18. The notification must
include its final offer in which it shall identify all matters
as to which the parties agree with contractual language setting
forth these agreements and all matters as to which the parties
do not agree with contractual language setting forth the party's
final offer for resolution of those disagreements.
Subd. 14. [PROCESS.] For all matters submitted to
arbitration, the arbitrator may choose between the final offers
of the parties or fashion a different solution between, but not
exceeding, the final offers of the parties. If the parties
reach an agreement on the matters under arbitration before the
arbitrator issues a decision, they may submit a joint final
offer that the arbitrator shall accept and render as the
decision. The arbitrator may hold hearings and administer
oaths, examine witnesses and documents, take testimony and
receive evidence, and issue subpoenas to compel the attendance
of witnesses and the production of records. A person who fails
to obey the subpoena of an arbitrator may be punished for
contempt of court on application by the arbitrator to the
district court for the county in which the failure occurs. The
arbitrator may use other information in addition to that
provided by or elicited from the parties. The arbitrator shall
issue a decision within ten days of the commencement of
arbitration and that decision is binding on the parties. If the
parties reach an agreement on the matters in the arbitrator's
decision prior to signing the contract, they may submit a joint
final offer to the arbitrator. The arbitrator shall rescind the
previous decision and accept and render the joint final offer as
the decision.
Subd. 15. [CONTRACT.] Within five days after the
arbitrator's decision, the handler shall prepare a contract that
must include all terms agreed to by the parties in bargaining or
awarded in arbitration and shall present the contract to the
association of producers who must accept the terms of the
contract within five days of its presentation.
Subd. 16. [LIST OF ARBITRATORS.] The commissioner, in
consultation with the American Arbitration Association or
comparable dispute resolution organization, shall establish a
list of arbitrators who are qualified by education, training,
and experience to carry out the responsibilities of an
arbitrator under this section.
Subd. 17. [COSTS OF ARBITRATION.] All costs of arbitration
must be borne equally by the parties. The arbitrator shall
submit a statement of charges and expenses to the parties and to
the commissioner. Each party shall pay the arbitrator directly.
Subd. 18. [SELECTION OF ARBITRATOR.] The arbitrator must
be selected by the commissioner. The commissioner shall submit
a list composed of the names of three persons knowledgeable in
the marketing of the agricultural commodity from which the
arbitrator must be chosen. Qualified arbitrators are those who
have met the training requirements of Rule 114.12 of the
Minnesota General Rules of Practice for the District Courts, are
familiar with sections 17.691 to 17.703, and have served as an
arbitrator in at least three other commercial disputes or have
commensurate experience. The selection must be made by the
association representative and the handler representative, each
striking one name from the list. If two names remain, the
commissioner shall decide which one is the arbitrator.
Sec. 13. Minnesota Statutes 1996, section 17.698, is
amended to read:
17.698 [BASIS FOR MEDIATION AND BARGAINING DECISIONS
FACTORS TO BE CONSIDERED IN MEDIATION AND ARBITRATION.]
All decisions of mediation and bargaining arbitration which
result from section 17.697 shall be based upon must consider the
following factors:
(a) (1) prices or projected prices for the agricultural
commodity paid by the competing handlers in the market area or
competing market areas. worldwide;
(b) (2) amount of the commodity produced or projections of
production in the production area or competing marketing areas.
worldwide;
(c) (3) relationship between the quantity produced and the
quantity handled by the handler.;
(d) (4) the producers cost of production including the cost
which would be involved in paying farm labor a fair wage rate
and providing them with adequate housing.;
(e) (5) the efficiency of farm operations of similar size
and the projected prices of alternative agricultural commodities
grown in the market area;
(6) the cost of production of similar sized handlers;
(7) the average consumer prices for goods and services,
commonly known as the cost of living.;
(f) (8) the component of the agricultural commodity that
makes up the producer's income;
(9) the impact of the award on the competitive position of
the handler in the marketing area or competing areas. worldwide;
(g) (10) the impact of the award on the competitive
position of the agricultural commodity in relationship to
competing commodities.;
(h) (11) a fair return on investment.;
(i) (12) kind, quality, or grade of the commodity
involved.;
(j) (13) stipulation of the parties.; and
(k) such (14) other factors which are normally or
traditionally taken into consideration in determining prices,
quality, quantity, and the costs of other services involved.
Sec. 14. Minnesota Statutes 1996, section 17.70,
subdivision 1, is amended to read:
Subdivision 1. For the purpose of sections 17.691 to
17.701 17.703, the commissioner may receive complaints with
respect to violations or threatened violations. The
commissioner may make all necessary investigations, examinations
or inspections of any violation or threatened violation
specified in the sworn complaint filed with the commissioner.
If, upon such investigation, the commissioner considers that
there is reasonable cause to believe that the person charged has
committed a practice in violation of sections 17.691 to 17.701
17.703, the commissioner shall issue and cause to be served a
complaint upon the person. The complaint shall summon the
person to a hearing before the commissioner at the time and
place fixed.
Sec. 15. Minnesota Statutes 1996, section 17.70,
subdivision 2, is amended to read:
Subd. 2. If the commissioner determines that the person
complained of has committed a practice in violation of sections
17.691 to 17.701 17.703, the commissioner shall state findings
of fact and shall issue and cause to be served on the person an
order to cease the violation and shall order further affirmative
action as will effectuate the policies of sections 17.691
to 17.701 17.703.
Sec. 16. Minnesota Statutes 1996, section 17.70,
subdivision 3, is amended to read:
Subd. 3. If the commissioner is of the opinion that the
person complained of has not committed a practice in violation
of sections 17.691 to 17.701 17.703, the commissioner shall make
findings of fact and issue an order dismissing the complaint.
Sec. 17. Minnesota Statutes 1996, section 17.701, is
amended to read:
17.701 [RULES.]
The commissioner may promulgate rules necessary for the
administration of sections 17.691 to 17.701 17.703 in accordance
with sections 17.691 to 17.701 17.703 and chapter 14.
Sec. 18. [17.702] [NEGOTIATION CLASSES REQUIRED.]
Upon accreditation of an association of producers, at least
two members of bargaining teams from both the association and
the handler named in the application must attend instructional
classes covering negotiation, mediation, arbitration, and
facilitation approved by the commissioner. The instruction
period must be at least three hours. The informational
exchanges may not commence unless certificates of completion are
on file with the commissioner. After an association has been
accredited for a period exceeding one year, the association and
the handler must have at least one member of their bargaining
team in informational exchanges or negotiations complete
training in the previous year of at least three hours in
negotiation, mediation, arbitration, and facilitation, as
described in this section, before the dates for informational
exchanges are determined. Verification of training must
accompany the notification to the commissioner that
informational exchanges are scheduled.
Sec. 19. [17.703] [ADVISORY COMMITTEE.]
The commissioner shall establish an agricultural marketing
and bargaining advisory committee to monitor and review the
implementation and effectiveness of sections 17.691 to 17.703.
The commissioner shall appoint three producer representatives
and three handler representatives to the committee. The
commissioner or the commissioner's representative shall chair
the committee. The committee shall meet at least once within
two years of establishment. Additional meetings shall be held
upon request by the commissioner. The committee shall issue a
status report to the commissioner on the implementation of
sections 17.691 to 17.703. The appointment, membership terms,
compensation, and removal of committee members are governed by
section 15.059. The committee expires on June 30, 2002.
Sec. 20. [REPEALER.]
Minnesota Statutes 1996, section 17.699, is repealed.
Presented to the governor April 7, 1998
Signed by the governor April 9, 1998, 10:45 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes