Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Defining unfair election practice.
The following acts are prohibited and constitute unfair
election practices if committed by an employer or its agents, an employee
organization or its agents, or an employee:
A. campaigning on the day of an on-site
election;
B. congregating in or
near a polling place while the polls are open;
C. coercing or intimidating or otherwise
unlawfully attempting to influence an eligible voter; or
D. violating an election order.
Subp. 2.
Filing
charges.
A. A party to an election may
file with the commissioner a charge of an unfair election practice, and a copy
of the charge must be served by the charging party on all other parties to the
election. A charge must:
(1) be filed within
ten calendar days from the date the election results are certified;
(2) be in writing, be signed by the charging
party, and state the name and address of the party against whom the charge is
made; and
(3) specify the alleged
unfair election practice and the facts supporting the charge.
B. If a charge of an unfair
election practice is filed, the commissioner must:
(1) stay the election results pending a
hearing or investigation according to part
5510.1910 if the commissioner
finds that the alleged unfair election practice may have materially affected
the election results;
(2) conduct a
hearing or investigation on the charge according to part
5510.1910; and
(3) rescind:
(a) the certification of exclusive
representative if the commissioner determines an unfair election practice
occurred; or
(b) the certification
of election results according to subpart 3.
Subp. 3.
Determination.
Based on a hearing or investigation under subpart 2, item B,
the commissioner must issue an order on the charge. If the commissioner
determines an unfair election practice occurred, the commissioner must void the
election and order a new election according to Minnesota Statutes, section
179A.12,
subdivision 11.
Statutory Authority: MS s
179A.04
