Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Showing of interest.
The commissioner may not order an election unless there is at
least a 30 percent showing of interest for the unit determined
appropriate.
Subp. 2.
Location.
If the commissioner orders an election, it must be conducted
by secret ballot either at a site of employment or by mail, as determined under
Minnesota Statutes, section
179A.12,
subdivision 7.
Subp. 3.
Order.
An election order must be served on all parties at least ten
calendar days before the date of the on-site election or the date for mailing
ballots for a mail-ballot election. The election order must:
A. identify the appropriate unit;
B. establish the cutoff date for voter
eligibility;
C. include a list of
the eligible voters;
D. include a
sample ballot;
E. establish
campaign and election rules;
F.
provide for the parties to appoint observers;
G. identify the date, time, and location of
an on-site election and provide for absentee ballots;
H. if applicable, identify the date for
mailing ballots in a mail-ballot election;
I. include any other conditions that are
necessary for a fair election; and
J. provide for an employer posting of the
election order and attachments.
Subp.
4.
Voter eligibility.
All employees in the appropriate unit who are employed on the
cutoff date and are identified on a list established by the commissioner are
eligible to vote in an election under parts
5510.0110 to
5510.2310.
Subp. 5.
Correcting voter-eligibility
list.
A. The commissioner must
determine questions on adding or deleting names on the voter-eligibility
list.
B. Names must not be added to
the voter-eligibility list after the hearing closes on the election petition
unless:
(1) names were inadvertently omitted;
or
(2) the cutoff date for voter
eligibility is changed because of an appeal or a court order.
C. Names must be deleted from the
voter-eligibility list if an:
(1) employee
transfers, is promoted, or is demoted out of the unit and the action is not
prohibited by the status quo order under part
5510.1910, subpart 4, item
B;
(2) appeal or a court action
delays the election or changes the cutoff date for voter eligibility;
or
(3) eligible voter is
voluntarily or involuntarily terminated and has not appealed the
termination.
D. A
deletion under item C must be made immediately before the polls open or ballots
are tabulated.
E. A written request
to correct the voter-eligibility list must be received by the commissioner
within seven calendar days after the date of the election order.
Subp. 6.
Right to
vote.
Eligible voters are permitted to vote during their work hours
without loss of pay.
Subp.
7.
Election ballot.
A. A certification election ballot must
contain the following choices:
(1) the name
of the employee organization that has submitted the required showing of
interest; and
(2) no
representation.
B. A
representation election ballot must contain the following choices:
(1) the exclusive representatives
name;
(2) the name of the employee
organization that has submitted the required showing of interest; and
(3) no representation if the required showing
of interest has been submitted according to part
5510.0710, subpart 2.
C. A decertification election
ballot must contain the following choices:
(1) the exclusive representatives
name;
(2) the name of the employee
organization that has submitted the required showing of interest; and
(3) no representation.
Subp. 8.
Absentee
ballot.
A. An eligible voter unable to
vote at an on-site election may secure an absentee ballot by submitting a
written request to the commissioner. The request must be:
(1) received by the commissioner no later
than specified in the election order under subpart 3; and
(2) dated and contain the voters name and
home mailing address, employers name, voters signature, bureau case number, and
election date.
B. Upon
receiving a timely request for an absentee ballot, the commissioner must mail
to the voter a ballot, a return envelope, and a letter of
explanation.
C. Absentee ballots
must be received by the commissioner in the return envelope no later than
specified in the election order.
Subp. 9.
Election procedures.
A. An election must be held on the premises
where the voters are employed during hours the commissioner determines, unless
the commissioner determines that the election must be held at another location,
by mail ballot, or by a combination of on-site and mail balloting.
B. The parties to an on-site election may
designate one observer to be present at each polling location while ballots are
cast and tabulated. The commissioner may allow each party to have more than one
observer.
C. The parties to a
mail-ballot election may each designate one observer to be present while
ballots are tabulated. The commissioner may allow each party to have more than
one observer.
D. The role of an
observer is to identify employees eligible to vote, and observers are subject
to commissioner orders.
Subp.
10.
Marking ballot.
A. A ballot must be marked according to the
ballot instructions. A ballot that is defaced or identifies the voter is void.
When a voter inadvertently spoils a ballot, the voter must immediately return
the ballot to the commissioner, who then must destroy the spoiled ballot and
provide another ballot to the voter.
B. When a voter states that, because of
physical disability or inability to read or write, the voter cannot mark the
ballot, the commissioner must assist the voter privately in marking the
ballot.
C. A voter who has been
mailed an absentee ballot by the commissioner may not vote at the on-site
election.
Subp. 11.
Status of scheduled election during
appeal.
A. If there is an
appeal, the commissioner must proceed with any pending election unless the
commissioner determines that the nature of the appeal precludes a reasonable
determination of the question of representation to be decided by the
election.
B. A party wishing to
stay an election pending resolution of an appeal must notify the commissioner
in writing within five calendar days of the appeal setting forth why the
question of representation cannot be resolved while the appeal is
pending.
C. The commissioner must
respond to the notification under item B in writing within ten calendar
days.
Subp. 12.
Tabulating ballots.
A. All
ballots cast by eligible voters must be tabulated by the commissioner in the
presence of the election observers, if any, at the site designated in the
election order under subpart 3.
B.
Envelopes containing timely mail or absentee ballots must be opened in the
presence of the election observers, if any, and must be placed in the ballot
box and mixed with other ballots before they are tabulated.
C. The commissioner must immediately rule on
each ballot as to whether it is valid, void, or blank, and the ballots must be
separated accordingly.
D. Blank or
void ballots must not be counted.
E. Mail ballots returned by employees whose
names have been deleted from the eligibility list must not be
counted.
Subp. 13.
Tabulating election results.
A.
After tabulating the ballots, the commissioner must prepare and sign a
tabulation of election results. A copy of the tabulation of election results
must be furnished to each observer under subpart 9, item B or C.
B. After the tabulation, the commissioner
must keep all election ballots and election materials for at least 90 calendar
days.
Subp. 14.
Runoff election.
A. When a ballot
contains more than two choices and none of the choices receives a majority of
the valid votes cast, a runoff election must be conducted between the choices
receiving the greatest and second-greatest number of votes.
B. In a representation or decertification
election when the exclusive representative does not qualify for a runoff
election, the election must be considered a certification election for purposes
of tie votes.
Subp. 15.
Tie vote.
A tie vote in an election containing no more than two choices
results in the following:
A. for a
certification election: certification that no exclusive representative has been
selected;
B. for a representation
election: certification that the exclusive representative remains certified;
or
C. for a decertification
election: certification that the exclusive representative remains
certified.
Subp. 16.
Certifying exclusive representative.
After an election, runoff election, or tie vote, the
commissioner must certify the exclusive representative according to Minnesota
Statutes, section
179A.12,
subdivision 10.
Statutory Authority: MS s
179A.04
