Minn. R. 5510.0410 : Mediation Services Bureau — PUBLIC EMPLOYMENT LABOR RELATIONS —REPRESENTATION MATTERS AND FAIR SHARE FEE CHALLENGES; PROCEEDINGS BEFORE THE COMMISSIONER — FILING PETITION

Subpart 1. Conditions.

A. To file a petition, an employee organization or exclusive representative must have:

(1) a written constitution or bylaws that provide for:

(a) election of officers;

(b) filling of vacancies in elected offices; and

(c) a purpose, in whole or in part, of dealing with public employers concerning grievances and terms and conditions of employment; and

(2) the petition signed by an authorized representative of the employee organization.

B. To file a petition, an employer must have the petition signed by the employers authorized representative.

C. To file a petition, a public employee must be included in an appropriate unit for which there is an exclusive representative.

Subp. 2. Eligibility; single-party petition.

A. An employee organization may file a petition for:

(1) certification of exclusive representative;

(2) challenge of affiliation; and

(3) representation.

B. An employer may file a petition for:

(1) certification of exclusive representative;

(2) unit clarification;

(3) amendment of certification; and

(4) challenge of affiliation.

C. An exclusive representative may file a petition for:

(1) unit clarification;

(2) amendment of certification;

(3) transfer of exclusive representative status; and

(4) abandonment of exclusive representative status.

D. A public employee may file a petition for:

(1) decertification of exclusive representative; and

(2) challenge of affiliation.

Subp. 3. Eligibility; joint-party petition.

A. As provided under Minnesota Statutes, section 179A.12, subdivision 2, one or more employee organizations and an employer may file a joint petition for certification of exclusive representative.

B. An exclusive representative and an employer may file a joint petition for unit clarification and amendment of certification.

C. Two or more employee organizations may jointly file a petition that a single employee organization is entitled to file.

Subp. 4. Petition requirements.

A petition must include the name, address, e-mail address, and telephone number of:

A. the petitioner;

B. the petitioner's representative, if any;

C. the other party; and

D. the other party's representative, if any.

Minn. R. 5510.0410

9 SR 735; 23 SR 1564

46 SR 1387

Statutory Authority: MS s 179A.04