Minn. R. agency 153, ch. 5510, REPRESENTATION MATTERS AND FAIR SHARE FEE CHALLENGES; PROCEEDINGS BEFORE THE COMMISSIONER, pt. 5510.0610 - WITHDRAWAL
Subpart 1.
Generally.
A. A certification, representation, or
decertification petition or a showing of interest may be withdrawn by a party
at any point before the fifth calendar day after the commissioner issues an
appropriate unit determination.
B.
A clarification, transfer of exclusive representative status, amendment of
certification, or affiliation petition may be withdrawn at any time before the
hearing on the petition closes.
C.
A withdrawal must either be stated on the record at the hearing or be in
writing and served on the commissioner as provided under parts
5510.0110 to
5510.2310.
Subp. 2.
Certification election.
A. For a certification election, if an
employee organization withdraws, and no other employee organization has
petitioned or intervened, the petition must be dismissed.
B. If another employee organization has also
petitioned or has intervened, the matter must proceed under parts
5510.0110 to
5510.2310, but the withdrawing
organization must not be listed on the ballot.
Subp. 3.
Representation
election.
A. For a representation
election, if an incumbent exclusive representative withdraws, the matter must
be processed as though a certification petition had been filed by the
challenging employee organization.
B. A challenging employee organization that
withdraws according to parts
5510.0110 to
5510.2310 must not be listed on
the ballot. If all challengers have withdrawn, the petition must be
dismissed.
Subp. 4.
Decertification election.
A. For
a decertification election, if a petitioner withdraws and no other employee
organization has petitioned or intervened, the petition must be
dismissed.
B. If the petitioner
withdraws but another employee organization that has petitioned or intervened
does not withdraw, the matter must be processed as a representation
petition.
Notes
Statutory Authority: MS s 179A.04
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