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Minnesota Administrative Rules

5510.0410 FILING PETITION.

Subpart 1.

Conditions.

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

A.

have a written constitution or bylaws that provides for:

(1)

election of officers;

(2)

filling of vacancies in elected offices; and

(3)

a purpose which, in whole or in part, must be to deal with public employers concerning grievances and terms and conditions of employment; and

B.

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

To file a petition an employer must have the petition signed by an authorized representative of the employer.

To file a petition a public employee must be included in an appropriate unit for which there is an exclusive representative, or be subject to a fair share fee assessment by the exclusive representative.

Subp. 2.

Eligibility; single-party petition.

A.

An employee organization may file petitions for:

(1)

certification of exclusive representative;

(2)

challenge of affiliation; and

(3)

representation.

B.

An employer may file petitions for:

(1)

certification of exclusive representative;

(2)

unit clarification;

(3)

amendment of certification; and

(4)

challenge of affiliation.

C.

An exclusive representative may file petitions 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 petitions for:

(1)

decertification of exclusive representative;

(2)

challenge of fair share fee assessment; and

(3)

challenge of affiliation.

Subp. 3.

Eligibility; joint-party petition.

A.

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 any petition which a single employee organization has the right to file.

Subp. 4.

Petition requirements.

A petition must be in writing and shall contain the name, 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 179A.04

History:

9 SR 735; 23 SR 1564

Published Electronically:

June 11, 2008

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569