Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Referral to
arbitration.
If the response of the chief administrative officer or
designee is not received within the period under part
5510.5160 (step three) or does not
satisfy the exclusive representative, the exclusive representative may serve
written notice on the employer of its intent to refer the case to arbitration
within ten days after the response required by part
5510.5160 (step three) is
due.
Subp. 2.
Selecting arbitrator.
A. Within
ten days of the service of written notice of intent to arbitrate, the employers
chief administrative officer or designee must consult with the exclusive
representatives agent and attempt to mutually agree on an arbitrator to hear
and decide the grievance.
B. If the
parties do not agree on an arbitrator, either party may request a list of
impartial arbitrators from the commissioner under chapter 5530. The parties
must alternately strike names from a list of seven names to be provided by the
commissioner until only one name remains, and the remaining name is the
selected arbitrator. Which party begins the striking process must be made by
mutual agreement or a coin flip. If one party refuses to strike names from the
arbitration list, the other party may serve written notice of this refusal on
the commissioner, with a copy to the offending party.
C. Unless it is confirmed that the parties
have otherwise selected or agreed on an arbitrator within three days of the
notice's service under item B, the commissioner must assign one name from the
list previously provided to the parties, and the arbitrator assigned by the
commissioner has full power to act as the arbitrator.
Subp. 3.
Arbitrators authority;
award.
A. An arbitrator has no
authority to amend, modify, add to, or subtract from the terms of an existing
contract.
B. The arbitrators
decision and award is final and binding on both parties.
Subp. 4.
Arbitration expenses.
A. The employer and the exclusive
representative must share equally the arbitrators fees and necessary expenses.
Cancellation fees must be paid by the party requesting the cancellation, and
any fees incurred as the result of a request for clarification must be paid by
the party requesting the clarification. Each party is responsible for
compensating its own representatives and witnesses as provided under part
5510.5180, subpart 1.
B. For purposes of this subpart, "request for
clarification" means a partys request to an arbitrator to clarify the
arbitrators decision and award under subpart 3.
Subp. 5.
Briefs and transcripts.
A. Briefs are as provided under part
5500.2510.
B. If a party requests a
transcript be made, the arbitrator must allow a transcript to be made if the
party requesting the transcript:
(1) arranges
for the transcript;
(2) pays for
all transcript-related costs; and
(3) provides:
(a) a free copy to the arbitrator;
and
(b) a copy to the other party
upon request, with the other party paying the full cost of the copy.
Subp. 6.
Recording and notes.
An arbitrator may maintain written notes of the hearing and
may use an electronic recording device. The arbitrators notes are the
arbitrators private and personal property and must not be made available to the
parties or another party.
Statutory Authority: MS s
179A.04
