Subpart 1.
Request for
recognition.
Every employer or employer group and labor representative
proposing to establish any program permitted by Minnesota Statutes, section
176.1812,
shall jointly file with the commissioner a request to recognize an agreement
under parts 5229.0010 to 5229.0060. Recognition includes a determination by the
commissioner of the eligibility of the parties to enter into the agreement and
whether the agreement is in compliance with parts 5229.0010 to 5229.0060, and
the benefit provisions of Minnesota Statutes, chapter 176.
Subp. 2.
Required documents to be
filed.
At the time of filing the original request for recognition,
and annually thereafter if required in part 5229.0040, subpart 3, the employer
or group of employers and the labor representative shall submit the following
documents to the commissioner.
A. A
copy of the fully signed underlying or master collective bargaining agreement
and the approximate number of employees who will be covered by the agreement.
The collective bargaining agreement shall be complete, including side letters
and all appendices and other documents referred to in the agreement that relate
to the program permitted by Minnesota Statutes, section
176.1812.
This shall include but not be limited to the following if included in the
agreement: trust documents; a description of how the alternative dispute
resolution system will operate from the point a dispute arises through review
or reconsideration by the court selected; a description of the manner in which
the limited lists of health care providers, independent medical examiners,
rehabilitation consultants, and retraining programs were compiled and the
actual lists including names and addresses of the individuals and programs; and
a description of the method of informing covered employees of the procedures
applicable to them under the collectively bargained workers' compensation
program. The documents submitted shall include a copy of the written materials
used to inform the covered employees of the procedures in the
program.
B. Evidence that the
employer or each member of a group of employers meets all the criteria of parts
5229.0010 to 5229.0060, and Minnesota Statutes, section
176.1812.
C. Evidence that the employer or the group of
employers shall, on behalf of its individual members, provide the data required
by parts 5229.0010 to 5229.0060, and Minnesota Statutes, section
176.1812,
subdivision 2.
D. If the request
for recognition is on behalf of a group of employers, the group shall maintain
records of its membership which include the approximate number of employees for
each individual member of the group who is bound by the collective bargaining
agreement. Copies of membership records shall be delivered to the commissioner
on request. The request for recognition shall clearly identify each member in
the group and shall state whether all the members of the group are bound by the
agreement, or whether each member must individually agree to be
bound.
Subp. 3.
Additional information to be filed.
The following additional information shall be filed with the
commissioner upon filing the original request for recognition, and annually
thereafter as required in part 5229.0040, subpart 3:
A. name, address, and telephone number of the
contact person for the employer or group of employers, and the resolution or
other instrument conferring authority to that person to act on behalf of the
employer or group of employers;
B.
name, address, and telephone number of the contact person for the labor
representative, and the resolution or other instrument conferring authority to
that person to act on behalf of the labor representative;
C. a copy of the most recent Labor
Organization Annual Report filing with the United States Department of Labor,
along with a statement signed by the labor representative under penalty of
perjury that the document is a true and correct copy;
D. if the employer or group of employers is
insured under Minnesota Statutes, chapter 176, a copy of the certificate of
insurance verifying coverage and a specific endorsement for coverage for a
workers' compensation program authorized under Minnesota Statutes, section
176.1812
that was filed with the Department of Commerce; and
E. if the employer or group of employers is
self insured under Minnesota Statutes, chapter 79A, a copy of the certificate
to self insure of the employer or group of employers from the department of
commerce.
