Minnesota Administrative Rules
Agency 153 - Mediation Services Bureau
Chapter 5510 - PUBLIC EMPLOYMENT LABOR RELATIONS
REPRESENTATION MATTERS AND FAIR SHARE FEE CHALLENGES; PROCEEDINGS BEFORE THE COMMISSIONER
Part 5510.0410 - FILING PETITION
Universal Citation: MN Rules 5510.0410
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Conditions.
A. To file a
petition, an employee organization or exclusive representative must have:
(1) a written constitution or bylaws that
provide for:
(a) election of
officers;
(b) filling of vacancies
in elected offices; and
(c) a
purpose, in whole or in part, of dealing with public employers concerning
grievances and terms and conditions of employment; and
(2) the petition signed by an authorized
representative of the employee organization.
B. To file a petition, an employer must have
the petition signed by the employers authorized representative.
C. To file a petition, a public employee must
be included in an appropriate unit for which there is an exclusive
representative.
Subp. 2. Eligibility; single-party petition.
A. An employee organization may file a
petition for:
(1) certification of exclusive
representative;
(2) challenge of
affiliation; and
(3)
representation.
B. An
employer may file a petition for:
(1)
certification of exclusive representative;
(2) unit clarification;
(3) amendment of certification; and
(4) challenge of affiliation.
C. An exclusive representative may
file a petition 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 a petition for:
(1)
decertification of exclusive representative; and
(2) challenge of affiliation.
Subp. 3. Eligibility; joint-party petition.
A. As provided under Minnesota Statutes,
section
179A.12,
subdivision 2, 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 a petition that a single employee
organization is entitled to file.
Subp. 4. Petition requirements.
A petition must include the name, address, e-mail 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
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