Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
The criteria and standards under this part apply to all roster
members, and failure to comply constitutes grounds for disciplinary action or
removal from the roster according to part
5530.1300.
Subp. 2.
Professional and ethical
responsibilities; incorporation by reference.
Except as otherwise provided in this chapter or chapter 5510,
the Code of Professional Responsibility for Arbitrators of Labor-Management
Disputes published by the Federal Mediation and Conciliation Service, 2007 and
as subsequently amended, is incorporated by reference and is applicable to and
governs the professional behavior of roster members. The code is not subject to
frequent change and is available from the bureaus website.
Subp. 3.
Conflicts of interest.
A roster member must disclose to the parties and the
commissioner any personal or professional relationships, including direct or
indirect past employment, consultative relationships, or affiliations with one
of the parties that may give an appearance of partiality. The burden of
disclosure is on the roster member.
Subp. 3a.
Biographic sketch.
A. Annually, the commissioner must review and
publish on the bureaus website a biographic sketch of each roster member using
information provided by the roster member and from other publicly available
information. A biographic sketch must include:
(1) information on the roster members
background, education, and experience; and
(2) data on the roster members fee
schedule.
B. Roster
members must ensure the accuracy of all biographic and fee data under item
A.
Subp. 4.
Communicating with parties.
A. A
roster member may not solicit parties for selection to cases. All matters
involving a case or contact with the parties must be handled in a manner that
fosters the roster members impartiality.
B. A roster member may not communicate,
directly or indirectly, in connection with any issue of fact or law with any
person or party, except upon notice and opportunity for all parties to
participate. This item does not apply when an arbitrator discusses a case with
another arbitrator, consistent with the incorporated code under subpart
2.
C. When this chapter authorizes
communications contrary to this subpart, the communications are limited to only
those matters permitted by this chapter. The roster member may communicate
regarding dates or procedures for the hearing without violating this subpart.
Subp. 5.
Use of
assistants or associates.
An arbitrator may, without prior consent of the parties,
delegate research, clerical, and preliminary drafting responsibilities to an
assistant. However, the assistant may not be delegated decision-making
functions or authority, and the arbitrator retains responsibility and
accountability for all aspects of the award and its handling.
Subp. 6.
Timeliness.
A roster member must:
A. schedule time commitments in a manner
consistent with the needs of the parties and the expeditious handling of
disputes; and
B. adhere to the time
limits under Minnesota Statutes, section
179A.16,
subdivision 7.
Subp. 7.
Administrative or cancellation fees.
If any administrative or cancellation fees are noted on the
biographic sketch under subpart 3a, the roster member may charge:
A. an administrative fee for establishing a
case file; and
B. cancellation fees
for hearings that are canceled or rescheduled by one or both parties with less
than 28 calendar days notice.
Subp.
8.
Arbitration fees and expenses.
A. Except as provided under subpart 7, all
fees charged by a roster member must be based on the per diem fee schedule in
the biographic sketch under subpart 3a.
B. A roster member must maintain reasonable
time and expense records related to each case and, if there is a dispute over
the reasonableness of fees and expenses in a case, must make the records
available to the parties or the commissioner, upon written demand. A dispute
over the reasonableness of fees may be resolved according to part
5500.2850.
Subp. 9.
Filing copies of awards.
A.
Unless one or both private-sector parties have requested that an award not be
provided to the commissioner, a roster member must electronically submit to the
commissioner an award involving a Minnesota work site or location, regardless
of the source of appointment, selection, or assignment.
B. Except as provided under item A, public-
and private-sector awards must be submitted electronically to the
commissioner.
C. Except as
otherwise limited by law, awards under items A and B filed with the
commissioner are public documents.
D. An award submitted electronically is
subject to part 5510.0320.
Subp.
10.
Arbitrator fee and summary report.
For each award filed with the commissioner, a roster member
must provide a fee and summary report in a form prescribed by the commissioner
that discloses:
A. case identification
information, including the:
(1) roster members
name;
(2) case file number or, if
any, bureau case number;
(3) name
and location of the employer and employers representative; and
(4) name and location of the exclusive
representative and the exclusive representatives agent;
B. information on the case-processing date,
including the:
(1) date that the roster member
was notified of selection by parties;
(2) date of hearing;
(3) final date for submitting briefs or other
written material, if any; and
(4)
date that the award was issued; and
C. arbitrator fee and expense information for
all awards resulting from a referral by the commissioner, including the:
(1) number of days of hearing
billed;
(2) number of days of study
and preparation of award billed;
(3) number of days billed for
travel;
(4) per diem rate for
billing;
(5) travel expenses
billed;
(6) other expenses
billed;
(7) total fees and expenses
charged; and
(8) amount of the
total costs to be paid by each party.
Statutory Authority: MS s
179.02;
179A.04
