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 5510.1110 - CHALLENGE TO AFFILIATION PETITION
Universal Citation: MN Rules 5510.1110
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Filing petition.
A petition challenging affiliation under Minnesota Statutes, section 179A.06, subdivision 2 must include:
A. a
statement of the reasons the affiliation is improper;
B. the name of the employee organization
involved;
C. the date the petition
is signed; and
D. the name and
title of the person signing the petition.
Subp. 2. Status of certification.
A. If the commissioner
determines that the affiliation of an employee organization is improper
according to Minnesota Statutes, section
179A.06,
subdivision 2, the commissioner must:
(1)
withdraw the certification of the involved employee organization as the
exclusive representative for the unit for which the challenge was raised;
and
(2) dismiss any matters pending
before the commissioner involving questions of representation or
mediation.
B. If the
commissioner determines that the affiliation of an employee organization is
proper according to Minnesota Statutes, section
179A.06,
subdivision 2, the commissioner must affirm its standing as a proper employee
organization and dismiss the challenge petition.
Subp. 3. Status of contract.
Upon the withdrawal of the status of exclusive representative after a commissioner determination of improper affiliation, a labor contract is void on the date of the determination if:
A. the contract is within the meaning of
Minnesota Statutes, section
179A.20;
B. the contract covers employees of the unit
for which withdrawal was ordered; and
C. the involved organization is a party to
the contract.
Statutory Authority: MS s 179A.04
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