Minnesota Administrative Rules

5510.0310 DEFINITIONS.

Subpart 1.

Scope.

For the purpose of parts 5510.0110 to 5510.2310, the terms defined in this part have the meanings given them.

Subp. 1a.

Act.

"Act" means the Public Employment Labor Relations Act under Minnesota Statutes, sections 179A.01 to 179A.25.

Subp. 2.

Amendment of certification or amendment of exclusive representative.

"Amendment of certification" or "amendment of exclusive representative" means a change in the certification by the commissioner that the commissioner deems does not raise a question of representation.

Subp. 3.

Appearance status.

"Appearance status" means the status of a nonparty having an interest in a matter before the commissioner to participate in bureau proceedings.

Subp. 3a.

Appropriate unit or unit.

"Appropriate unit" or "unit" has the meaning given in Minnesota Statutes, section 179A.03, subdivision 2.

Subp. 4.

[Repealed, 46 SR 1387]

Subp. 5.

[Repealed, 23 SR 1564]

Subp. 6.

Bureau.

"Bureau" means the Bureau of Mediation Services.

Subp. 7.

Certification of exclusive representative or certification.

"Certification of exclusive representative" or "certification" means granting the status of exclusive representative to an employee organization by a written order of the commissioner.

Subp. 8.

Certification petition.

"Certification petition" means a petition filed by an employee organization stating that at least 30 percent of the employees of a proposed appropriate unit wish to be represented by the petitioner.

Subp. 8a.

Commissioner.

"Commissioner" means the commissioner of the bureau or an authorized agent.

Subp. 9.

Decertification petition.

"Decertification petition" means a petition filed by an individual employee or group of employees stating that:

A.

the exclusive representative no longer represents the majority of the employees in an appropriate unit; and

B.

at least 30 percent of the employees no longer wish to be represented by the exclusive representative.

Subp. 10.

Determination of affiliation or affiliation.

"Determination of affiliation" or "affiliation" means determining the affiliation of a supervisory or confidential employee organization under Minnesota Statutes, section 179A.06, subdivision 2.

Subp. 11.

[Repealed by amendment, L 1987 c 186 s 15]

Subp. 12.

Effective date of orders.

"Effective date of orders" means, for any commissioner-issued order, the day after issuance unless otherwise provided.

Subp. 12a.

Employee.

"Employee" has the meaning given in Minnesota Statutes, section 179A.03, subdivision 14.

Subp. 12b.

Employee organization.

"Employee organization" has the meaning given in Minnesota Statutes, section 179A.03, subdivision 6.

Subp. 12c.

Employer.

"Employer" has the meaning given in Minnesota Statutes, section 179A.03, subdivision 15.

Subp. 12d.

Exclusive representative.

"Exclusive representative" has the meaning given in Minnesota Statutes, section 179A.03, subdivision 8.

Subp. 13.

Hearing officer or mediator.

"Hearing officer" or "mediator" means the commissioner or an authorized agent.

Subp. 14.

Holiday or legal holiday.

"Holiday" or "legal holiday" means the dates designated under Minnesota Statutes, section 645.44, subdivision 5, as holidays for the state of Minnesota.

Subp. 15.

Open-window period.

"Open-window period" means the following period before a labor contract expires:

A.

for the state executive branch, 270 to 210 days;

B.

for teachers, 180 to 120 days; and

C.

for all other public employees, 120 to 60 days.

Subp. 16.

Party.

"Party" means:

A.

an exclusive representative, employee organization, or public employer recognized by the commissioner whose legal rights, duties, and privileges are directly determined in proceedings under parts 5510.0110 to 5510.3005; or

B.

a public employee who has filed a decertification petition.

Subp. 17.

Petition.

"Petition" means a written document containing information required by the commissioner.

Subp. 18.

Representation petition.

"Representation petition" means a petition filed by an employee organization stating that:

A.

the exclusive representative no longer represents the majority of employees in an appropriate unit; and

B.

at least 30 percent of the employees in the appropriate unit wish to be represented by the petitioner.

Subp. 19.

Service or serve.

"Service" or "serve" means, unless another manner of service is required by law, delivering a document electronically, in person, by facsimile, or by United States mail, postage prepaid, addressed to the bureau or a party at its last known address.

Subp. 20.

Showing of interest or interest.

"Showing of interest" or "interest" means submitting authorization signatures in the form of individual authorization cards to show support for a petition filed with the commissioner.

Subp. 21.

[Repealed, 46 SR 1387]

Subp. 22.

Transfer of exclusive representative status.

"Transfer of exclusive representative status" means transferring the rights and obligations of an exclusive representative to another employee organization.

Subp. 23.

Unfair election practice.

"Unfair election practice" means a practice or action that affects the result of a certification, representation, or decertification election, specifically:

A.

any prohibition defined in part 5510.2110 or a violation of a commissioner-issued election order; and

B.

any unfair practice as defined under Minnesota Statutes, section 179A.13, committed by an:

(1)

employer or its agents;

(2)

employee organization or its agents; or

(3)

employee.

Subp. 24.

Unit clarification or clarification petition.

"Unit clarification" or "clarification petition" means the commissioner's determination regarding an appropriate unit involving:

A.

inclusions or exclusions of positions or job classifications in an appropriate unit;

B.

the confidential, supervisory, or essential status of positions, classifications, or the unit itself;

C.

modification of the unit description; or

D.

modification of the unit structure.

Statutory Authority:

MS s 179.02; 179.82; 179A.04; 179A.16; 626.892

History:

9 SR 735; L 1987 c 186 s 15; 23 SR 1564; 27 SR 637; 46 SR 1387

Published Electronically:

July 27, 2022