Minnesota Administrative Rules

5510.1510 FAIR SHARE FEE CHALLENGE PETITION.

Subpart 1.

Filing petition.

A petition challenging a fair share fee assessment may be filed by individual employees and must include:

A.

the name, address, and phone number of the petitioner and agent, if any;

B.

the name, address, and phone number of the exclusive representative and agent, if any;

C.

the name, address, and phone number of the employer and agent, if any;

D.

the amount of regular membership dues in the unit;

E.

the amount of the fair share fee assessment;

F.

the specific activities or expenditures of the exclusive representative which the petitioner believes are not in conformance with the statutory prerequisites of Minnesota Statutes, section 179A.06, subdivision 3;

G.

the date on which the petitioner received notice of the fair share fee assessment;

H.

the percent of regular membership dues which the fair share fee represents;

I.

the amount by which the fair share fee assessment should be adjusted to conform to the statutory prerequisites of Minnesota Statutes, section 179A.06, subdivision 3;

J.

the specific activities or expenditures of the exclusive representative which the challenger believes are not in conformance with the statutory prerequisites of Minnesota Statutes, section 179A.06, subdivision 3; and

K.

the date on which the petitioner received notice of the fair share fee assessment.

Subp. 2.

Filing petition.

A petition challenging the fair share fee assessment must be filed in person or by mail with the commissioner.

Subp. 3.

Filing fee.

The challenge petition must be accompanied by a certified check or other guaranteed form of payment in the amount of $10, made payable to "Bureau of Mediation Services." A challenge petition filed without the proper filing fee shall be returned to the individual filing the petition.

Subp. 4.

Receipt of petition.

Upon receipt of the challenge petition and fee, the commissioner shall provide the petitioner with an acknowledgment and receipt, along with a copy of the rules governing such challenge.

Subp. 5.

Service on exclusive representative and employer.

A copy of the challenge petition shall be served by the petitioner upon the exclusive representative and the employer, in person or by mail, within the 30-calendar-day challenge period. Failure to serve a copy of a challenge petition upon the exclusive representative or employer in a timely manner shall be grounds for dismissing the petition.

Subp. 6.

Computing time.

For purposes of computing time, a petition shall be considered filed on the day it is received by the commissioner.

Statutory Authority:

MS s 179.02; 179A.04

History:

9 SR 735; 11 SR 669; L 1987 c 186 s 15; 15 SR 1226; 23 SR 1564

Published Electronically:

June 11, 2008