LIMITATION ON FILING PETITION

Subpart 1. Contract bar. If there is an exclusive representative and an effective labor contract, the commissioner must only consider a petition for clarification, decertification, representation, or certification when the: A. petition is submitted during the open-window period or after the contract's expiration date; B. petition is submitted jointly by the employer and the exclusive representative; or C. commissioner determines that the interests of good labor relations warrant the commissioner to consider the petition during the life of the existing contract. Subp. 2. One-year election bar. Unless otherwise provided under Minnesota Statutes, section 179A.12, subdivision 12 , when a certification election, representation election, or decertification election has been held, a petition seeking an election must not be entertained for a one-year period from the date the commissioner has issued the order certifying the election results. Subp. 3. Transfer bar. The commissioner may not entertain a petition for transfer of exclusive representative status for a one-year period from the date of certification or from the date of transfer of exclusive representative status. Subp. 4. Arbitration bar. A. A petition raising a question of certification, representation, or decertification must not be considered after an impasse has been certified if: (1) there is an exclusive representative and an effective labor contract; and (2) an impasse in negotiating a successor contract has been certified for arbitration under Minnesota Statutes, section 179A.16 , subdivision 1 or 2. B. A bar under item A continues until the arbitration award is issued and a contract is executed according to Minnesota Statutes, section 179A.20 , subdivision 1. Subp. 5. [Repealed, 46 SR 1387] Subp. 6. Constitution and bylaws. Unless on file with the commissioner, a copy of the employee organization's constitution or bylaws in effect at the time of petition must accompany the following petitions: A. certification election; B. representation election; C. amendment of certification; and D. transfer of exclusive representative status. Subp. 7. Petitions served on commissioner. All petitions concerning representation matters under parts 5510.0110 to 5510.2310 must be served on the commissioner.