Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Petition.
A petition for mediation must be served in accordance with
Minnesota Statutes, section
179A.15.
Subp. 2.
Commissioner-initiated mediation.
According to Minnesota Statutes, section
179A.15, the
commissioner may initiate mediation without receiving a petition.
Upon notice to the parties, mediation must proceed according
to parts
5510.2410 to
5510.3005.
Subp. 3.
Notice.
Upon receiving a petition for mediation and concluding that
mediation would be useful, the commissioner must serve notice of the time and
place for a mediation meeting to the exclusive representative and the
employer.
Subp. 4.
Obligation.
A. It is the duty
and obligation of the parties to comply with the notice under subpart
3.
B. The parties must be
represented by persons having the authority to negotiate in good faith and be
prepared to identify unresolved issues and their positions on the unresolved
issues.
Subp. 5.
Mediation meetings.
A. The
commissioner must schedule joint or separate mediation meetings of the parties
according to Minnesota Statutes, section
179A.15. Mediation
meetings are informal and must be limited by the commissioner to matters
relevant to settling the dispute. The parties must continue to participate in a
mediation meeting until excused by the commissioner. Recording devices or
methods are prohibited in mediation meetings.
B. In accordance with Minnesota Statutes,
section
179A.14,
subdivision 3, a mediation meeting is closed to the public unless the
commissioner determines that closing the meeting will not facilitate a
resolution. In all cases, a meeting is closed only after the commissioner
receives a valid and timely petition for mediation or after the commissioner
initiates mediation.
Subp.
5a.
Meetings of governing bodies.
A. When the commissioner determines that it
is in the interest of resolving a dispute, the commissioner must authorize a
closed meeting of the public employers governing body to review and discuss the
status of negotiations and the employers positions.
B. A closed meeting must not be authorized
unless the commissioner has received a valid and timely petition for mediation
or unless mediation has been initiated by the commissioner.
C. A closed meeting must not be authorized
when the commissioner is not physically present at the meeting unless the
commissioner has received a timely and valid notice of intent to
strike.
D. The commissioner must
authorize a closed meeting upon written notice to the employers governing body
and exclusive representative at least 24 hours before the closed meeting if the
commissioner:
(1) determines that a closed
meeting is necessary according to item A; and
(2) cannot be physically present at the
meeting and the commissioner has received a timely and valid notice of intent
to strike.
E. The notice
under item D must:
(1) include the date,
time, and place of the closed meeting of the governing body; and
(2) limit the purpose of the meeting to
matters relevant to the dispute.
Subp. 6. [Repealed, 13 SR 1275]
Statutory Authority: MS s
179.02;
179A.04
