Minnesota Administrative Rules

5530.0600 APPLICANT QUALIFICATIONS.

Subpart 1.

Labor relations background.

An applicant must have a labor relations background in the public sector and be qualified according to Minnesota Statutes, section 179A.04, subdivision 3, paragraph (a), clause (13).

Subp. 2.

General abilities.

An applicant must be willing and able to:

A.

travel throughout Minnesota;

B.

fairly and impartially conduct hearings;

C.

analyze and evaluate testimony and exhibits;

D.

write clear and concise awards in a timely manner; and

E.

be available for hearings within a reasonable time after the request of the parties.

Subp. 3.

[Repealed, 46 SR 1387]

Subp. 4.

Demonstrating qualifications.

A.

An applicant has the burden to demonstrate qualifications for appointment to the roster. The commissioner must make appointments to the roster according to part 5530.0700, subpart 6.

B.

An applicant must demonstrate the applicant's qualifications for appointment to the roster in one or a combination of the following ways:

(1)

by submitting six or more arbitration awards or contested case decisions that were authored and signed by the applicant in the 24-month period preceding application;

(2)

by having at least six years' experience as a full-time labor relations advocate and by submitting six arbitration awards in which the applicant acted as the principal representative for either the labor organization or the employer;

(3)

by having at least six years' experience as a full-time labor mediator, including grievance mediation experience;

(4)

by having at least six years' experience as a practitioner or full-time instructor of labor law or industrial relations, including collective bargaining, labor agreements, and contract administration;

(5)

by being a member of the National Academy of Arbitrators; or

(6)

by completing a mentorship with a roster member.

C.

The mentorship under item B, subitem (6), must include writing no less than two mock arbitration awards under the supervision and guidance of a roster member and must be approved in advance by the commissioner.

Subp. 5.

Residency requirement.

A.

To be eligible for appointment to the roster, an applicant must maintain a principal place of residence in Minnesota or one of its contiguous states. Maintaining a mailbox or mail delivery point does not satisfy this subpart.

B.

The residency requirement under item A may be waived on an appointment-by-appointment basis by the commissioner.

Statutory Authority:

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

History:

14 SR 1383; 21 SR 583; 27 SR 529; 46 SR 1387

Published Electronically:

July 27, 2022