Minnesota Administrative Rules
Agency 153 - Mediation Services Bureau
Chapter 5530 - ARBITRATION ROSTER
Part 5530.0700 - APPOINTMENT TO ROSTER
Universal Citation: MN Rules 5530.0700
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Roster size.
The roster is not fewer than 25 nor more than 60 arbitrators.
Subp. 2. Procedure; initial appointments.
A. If the commissioner must increase the size
of the roster, the commissioner must:
(1)
publish notice on the bureaus website for at least 30 calendar days, indicating
that applications for appointment are being accepted and establishing a
deadline for the applications;
(2)
together with the advisory committee, assess an applicants qualifications and
suitability for appointment to the roster according to subpart 6;
(3) advise each applicant in writing on the
commissioners final determination on the applicants application;
(4) actively solicit qualified applicants who
will help provide balance in the rosters racial and gender composition;
and
(5) conduct an initial review
of applications received and select or reject applicants for further
consideration based on the:
(a) information
provided in the application and reference checks; and
(b) arbitrator qualification requirements
under part
5530.0600.
B. If the commissioner determines
that additional information is needed after reviewing the information under
item A, subitems (2) and (5), the applicant must provide additional information
on the applicants:
(1) qualifications
according to subpart 6; and
(2)
arbitrator qualification requirements under part
5530.0600, application, and
reference checks.
Subp. 3. Procedure; renewal appointments.
A. The commissioner must notify all roster
members at least 120 calendar days before their appointment expires of the
procedures necessary for a renewal appointment.
B. A roster member seeking a renewal
appointment must submit a written application and a fee to the commissioner at
least 60 calendar days before the roster members appointment expires.
C. After receiving a renewal application
under item B, the commissioner must review the roster members performance
measures under part
5530.1200 and evaluate the roster
member according to subpart 6.
Subp. 4. Application forms.
A. An applicant or a roster member seeking a
renewal appointment must complete an application on forms available from the
bureau.
B. Writing samples must
accompany the application.
Subp. 5. Application and renewal fees.
A. Application and renewal fees are as
provided under Minnesota Statutes, section
179A.04,
subdivision 3, paragraph (a), clause (10).
B. The fee must be in the form of a check or
money order made payable to "State of Minnesota, Bureau of Mediation
Services."
Subp. 6. Standards for appointment.
A.
When determining whether to appoint or reappoint a member to the roster, the
commissioner must evaluate each application for evidence of the applicants
competence, proficiency, and qualifications in the following areas:
(1) knowledge and understanding of labor
relations systems and collective bargaining processes and dynamics;
(2) knowledge and understanding of applicable
contract, employment, and labor relations law;
(3) ability to hear and decide complex labor
relations issues fairly and objectively;
(4) ability to communicate clearly and
concisely in writing and orally;
(5) ability to conduct orderly and effective
arbitration hearings in various settings and locations throughout Minnesota;
and
(6) reputation in the
labor-management community for high professional standards of competence,
ethics, and integrity.
B. In addition to meeting the standards under
item A, a roster member seeking a renewal appointment must satisfy the
requirements under part
5530.1200, subparts 2, 3, and
7.
Subp. 7. Appointing applicants.
A. If the
commissioner determines that the applicant or roster member has satisfied the
requirements of subparts 3 to 6, if applicable, the commissioner must appoint
the applicant or reappoint the roster member to the roster.
B. If the applicant or roster member fails to
satisfy the requirements of subparts 3 to 6, the commissioner must reject the
application in writing, including the reasons for the rejection. If there are
more qualified applicants than vacancies on the roster, the commissioner must
appoint applicants in rank order of their qualifications or by lottery where
qualifications are relatively equal.
Subp. 8. Term of appointment.
An appointment to the roster is for a term of three years.
Statutory Authority: MS s 179.02; 179A.04
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