1997 Minnesota Statutes

     17.697 Bargaining defined; notice of commencement of 
  negotiations; mediation procedure.  

    Subdivision 1.  As used in sections 17.691 to 17.701, 
 "bargaining" means the mutual obligation of a handler and an 
 association or their designated representatives to meet at 
 reasonable times and confer and negotiate in good faith.  
 Negotiations may include all terms relative to trading between 
 handlers and producers of the agricultural commodity such as: 

    (a) prices and terms of sale 

    (b) quality specifications 

    (c) quantity to be marketed by acreage or weight 

    (d) transactions involving products and services utilized 
 by one party and provided by the other party 

    (e) check off procedures pursuant to assessments levied by 
 the association, not to exceed one-half of one percent of the 
 gross value of the producers annual production contract are 
 collected by handlers from proceeds to producers within the 
 bargaining unit and paid to the association.  

    Subd. 2.  The association shall notify the commissioner of 
 the commencement of negotiations.  

    Subd. 3.  (a) If no agreement is reached at the expiration 
 of ten days after service of such notice to the commissioner, 
 the association may, at any time thereafter, petition the 
 commissioner to assume supervision over the dispute, except as 
 provided for by clause (e).  

    (b) The commissioner shall then set a time and place for 
 conference with the parties to present facts representing each 
 party's case and hearing arguments.  The commissioner shall take 
 such steps, in accordance with rules promulgated under sections 
 17.691 to 17.701, as the commissioner deems expedient to affect 
 a voluntary, amicable and expeditious adjustment and settlement 
 of the differences between the handler and the association.  

    (c) At any time prior to 15 days before the first day of 
 the marketing year in dispute, if an agreement on the issues in 
 dispute between the association and the handler has not been 
 reached, the handler may elect not to purchase, directly or 
 indirectly, any quantity of the agriculture commodity produced 
 by the association during that marketing year; or, the affected 
 producers may elect not to sell, directly or indirectly, any 
 quantity of the agricultural commodity produced by the 
 association during that marketing year; or, the affected 
 producers may elect not to sell, directly or indirectly, any 
 quantity of the agricultural commodity to the handler during 
 that marketing year.  

    (d) If either party makes an election, the other party is 
 not under an obligation to continue bargaining with the party so 
 electing for terms during the marketing period in dispute.  Both 
 parties may, however, engage immediately in bargaining for the 
 following marketing year.  

    (e) If the petition requesting the commissioner to assume 
 supervision over a dispute is presented 15 days or less before 
 the marketing year in dispute, then the commissioner shall 
 exercise discretionary authority, according to rules promulgated 
 under sections 17.691 to 17.701, in determining which disputes 
 are arbitrable before the start of the marketing year in dispute.

    HIST: 1973 c 736 s 7; 1975 c 88 s 3; 1986 c 444