Minnesota Administrative Rules

5510.0510 LIMITATION ON FILING PETITION.

Subpart 1.

Contract bar.

If there is an exclusive representative and an effective labor contract, the commissioner must only consider a petition for clarification, decertification, representation, or certification when the:

A.

petition is submitted during the open-window period or after the contract's expiration date;

B.

petition is submitted jointly by the employer and the exclusive representative; or

C.

commissioner determines that the interests of good labor relations warrant the commissioner to consider the petition during the life of the existing contract.

Subp. 2.

One-year election bar.

Unless otherwise provided under Minnesota Statutes, section 179A.12, subdivision 12, when a certification election, representation election, or decertification election has been held, a petition seeking an election must not be entertained for a one-year period from the date the commissioner has issued the order certifying the election results.

Subp. 3.

Transfer bar.

The commissioner may not entertain a petition for transfer of exclusive representative status for a one-year period from the date of certification or from the date of transfer of exclusive representative status.

Subp. 4.

Arbitration bar.

A.

A petition raising a question of certification, representation, or decertification must not be considered after an impasse has been certified if:

(1)

there is an exclusive representative and an effective labor contract; and

(2)

an impasse in negotiating a successor contract has been certified for arbitration under Minnesota Statutes, section 179A.16, subdivision 1 or 2.

B.

A bar under item A continues until the arbitration award is issued and a contract is executed according to Minnesota Statutes, section 179A.20, subdivision 1.

Subp. 5.

[Repealed, 46 SR 1387]

Subp. 6.

Constitution and bylaws.

Unless on file with the commissioner, a copy of the employee organization's constitution or bylaws in effect at the time of petition must accompany the following petitions:

A.

certification election;

B.

representation election;

C.

amendment of certification; and

D.

transfer of exclusive representative status.

Subp. 7.

Petitions served on commissioner.

All petitions concerning representation matters under parts 5510.0110 to 5510.2310 must be served on the commissioner.

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; 46 SR 1387

Published Electronically:

July 27, 2022