Minnesota Administrative Rules

5510.0410 FILING PETITION.

Subpart 1.

Conditions.

A.

To file a petition, an employee organization or exclusive representative must have:

(1)

a written constitution or bylaws that provide for:

(a)

election of officers;

(b)

filling of vacancies in elected offices; and

(c)

a purpose, in whole or in part, of dealing with public employers concerning grievances and terms and conditions of employment; and

(2)

the petition signed by an authorized representative of the employee organization.

B.

To file a petition, an employer must have the petition signed by the employer's authorized representative.

C.

To file a petition, a public employee must be included in an appropriate unit for which there is an exclusive representative.

Subp. 2.

Eligibility; single-party petition.

A.

An employee organization may file a petition for:

(1)

certification of exclusive representative;

(2)

challenge of affiliation; and

(3)

representation.

B.

An employer may file a petition for:

(1)

certification of exclusive representative;

(2)

unit clarification;

(3)

amendment of certification; and

(4)

challenge of affiliation.

C.

An exclusive representative may file a petition for:

(1)

unit clarification;

(2)

amendment of certification;

(3)

transfer of exclusive representative status; and

(4)

abandonment of exclusive representative status.

D.

A public employee may file a petition for:

(1)

decertification of exclusive representative; and

(2)

challenge of affiliation.

Subp. 3.

Eligibility; joint-party petition.

A.

As provided under Minnesota Statutes, section 179A.12, subdivision 2, one or more employee organizations and an employer may file a joint petition for certification of exclusive representative.

B.

An exclusive representative and an employer may file a joint petition for unit clarification and amendment of certification.

C.

Two or more employee organizations may jointly file a petition that a single employee organization is entitled to file.

Subp. 4.

Petition requirements.

A petition must include the name, address, email address, and telephone number of:

A.

the petitioner;

B.

the petitioner's representative, if any;

C.

the other party; and

D.

the other party's representative, if any.

Statutory Authority:

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

History:

9 SR 735; 23 SR 1564; 46 SR 1387

Published Electronically:

January 30, 2024