Minnesota Administrative Rules
Agency 153 - Mediation Services Bureau
Chapter 5530 - ARBITRATION ROSTER
Part 5530.0900 - PANEL SELECTIONS AND REFERRALS
Universal Citation: MN Rules 5530.0900
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Request for panels.
A party or parties that request a panel must submit to the commissioner individual or joint written requests that include:
A. the employers name and location and the
employers representatives name, address, e-mail address, and telephone
number;
B. the employee
organizations name and the organizations representatives name, address, e-mail
address, and telephone number;
C. a
brief statement of the nature of the dispute being submitted to
arbitration;
D. the nature or type
of business of the employer;
E. a
description of the type of bargaining unit involved; and
F. the date the dispute was first made known
to the employer.
Subp. 2. Size and selection of panels.
A. All panels submitted by the commissioner
must contain seven roster members. If the parties arbitration agreement
provides for panels of fewer than seven roster members, the parties may use the
striking procedures in subpart 5 to reduce the size of a seven-member panel.
This item does not apply if:
(1) a single
roster member is appointed under subpart 3, item A;
(2) a single roster member is mutually agreed
on according to Minnesota Statutes, section
179A.16,
subdivision 4;
(3) the arbitration
proceeding is as provided under Minnesota Statutes, section
179.09 or
179.38;
or
(4) as otherwise provided by
law.
B. When assembling
a panel, the commissioner must:
(1) use a
random selection system that results in a reasonably equal number of
opportunities for referral among roster members; and
(2) seek to avoid potential conflicts of
interest and include or exclude roster members according to mutual requests of
the parties.
C. If
requested by all parties to the dispute, the commissioner must consider
geographic location or unique and special circumstances and technical
expertise.
D. At least five members
of the panel must be residents of Minnesota.
Subp. 3. Direct appointment by commissioner.
The commissioner must appoint or assign a roster member to serve as an arbitrator when:
A. the
agreement to arbitrate or other joint agreement of the parties provides for
direct appointments;
B. applicable
under Minnesota Statutes, section
179.09; or
C. otherwise required by law.
Subp. 4. Replacement names or panels.
A. Upon the joint request
of the parties, the commissioner must appoint a new roster member or issue a
new panel of seven roster members to replace a prior roster member or panel
under subpart 2 or 3.
B. The
commissioner may not honor single-party requests for replacement roster members
or panels unless the commissioner determines that a bona fide conflict of
interest exists regarding the matter in dispute between one or more parties and
one or more members of the panel. If the commissioner determines that a
conflict exists, the commissioner must issue a replacement roster member or
panel.
Subp. 5. Selecting from panels.
The parties must select a roster member or panel according to Minnesota Statutes, section 179A.16, subdivision 4, or their grievance procedure. If there is no grievance procedure for binding arbitration, the selection must be made according to part 5510.5170, subpart 2.
Subp. 6. Scheduling.
A. When the parties select one or more roster
members according to this part, they must notify the roster members and work
with the roster members to schedule the hearing.
B. Once the hearing has been scheduled, the
party that requested the panel must notify the commissioner of the:
(1) roster members selected;
(2) date that the selection was made;
and
(3) date of the
hearing.
C. After the
commissioner assigns or appoints a roster member according to this part or
statute, the parties must work with the roster member to schedule a hearing and
then notify the commissioner of the hearing date.
D. When a roster member is selected,
assigned, or appointed, the roster member must offer the parties at least three
dates on which the roster member is available to hear the case. The three dates
must be within 90 calendar days of the arbitrators selection, assignment, or
appointment. Nothing in this item requires the parties to hold a hearing within
a period that is inconsistent with their needs.
Subp. 7. [See repealer.]
Subp. 8. Jurisdiction of bureau.
A. Submitting a panel or appointing a roster
member under this chapter signifies nothing more than compliance with a request
and is not a determination as to the legitimacy of the dispute or the
competency of the panel or roster member to resolve it.
B. The bureau does not have jurisdiction or
responsibility for enforcement, resolution, or compliance with any aspect of
the arbitration process other than providing the services established under
this chapter.
Statutory Authority: MS s 179.02; 179A.04
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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