Subpart 1.
Certification.
A. The
commissioner must certify a matter to arbitration:
(1) in the case of essential employees,
according to Minnesota Statutes, section
179A.16,
subdivision 2; or
(2) in the case
of nonessential employees, according to Minnesota Statutes, section
179A.16,
subdivision 1.
B.
Requests for arbitration and agreements to arbitrate:
(1) must be in writing and served on the
other party and filed with the commissioner according to part 5510.0320;
and
(2) are binding on the parties
except to the extent they otherwise agree in writing.
Subp. 2.
Form of
arbitration.
All interest arbitration must be conventional arbitration
except:
A. if the parties agree in
writing to limit the arbitrators authority to final-offer item-by-item or
final-offer total-package arbitration; or
B. if the case involves a unit of principals
and assistant principals, the arbitration panel must use final-offer
item-by-item arbitration.
Subp.
3.
Unresolved issues.
In requesting or agreeing to interest arbitration, each party
must list all issues, items, or matters not previously agreed on. Based on the
submissions of the parties and prior efforts to mediate the dispute, the
commissioner must determine the unresolved items to be submitted to arbitration
for essential employees according to Minnesota Statutes, section
179A.16,
subdivision 2.
Subp. 4.
Final positions.
A. When an
agreement or requirement to arbitrate has been established and the commissioner
has determined the items to be submitted to arbitration, the commissioner must
certify the matters to arbitration and direct each party to submit its final
position on the items certified by the commissioner. Final positions must be:
(1) presented in the form of the contract
language desired by each party to resolve the matter in dispute; and
(2) filed with the commissioner within 15
calendar days of the certification date, but the filing deadline may be
extended a reasonable period by the commissioner upon a partys adequate and
timely showing of good cause.
B. If the arbitration form is a final offer,
the final positions of the parties may not be withdrawn or amended except by
mutual written consent or to correct nonsubstantive errors of a
clerical-technical nature or matters solely of form.
C. When final positions have been received
from both parties, the commissioner must provide each party with a copy of the
opposing partys final position. The commissioner may provide copies of final
positions to the arbitrator, but part
5510.2905, subpart 2, governs the
protected nature of the final positions.
Subp. 5. [Repealed, 23 SR 1564]
Subp. 6.
Effect of untimely final
positions; final offer.
The failure of a party to submit timely final positions on an
item that has been submitted to final-offer arbitration:
A. must be noted by the arbitration panel or
arbitrator; and
B. results in a
default award unless the delinquent party demonstrates good cause for the
delinquency to the panel or arbitrator, in which case the panel or arbitrator
may proceed as if the delinquency had not occurred.
Subp. 6a.
Effect of untimely final
positions; conventional.
The failure of a party to submit timely final positions in
conventional arbitration:
A. must be
noted by the arbitration panel or arbitrator; and
B. may be considered by the panel or
arbitrator in weighing the testimony, evidence, and partys overall good-faith
behavior regarding the items before the panel or arbitrator.
Subp. 7.
Continued
mediation.
The commissioner may continue to aid the parties in resolving
issues after a matter has been certified to arbitration under this part.
Notes
Minn. R. agency 153, ch. 5510, NEGOTIATION, MEDIATION, IMPASSE CERTIFICATION, ARBITRATION, AND INTENT TO STRIKE NOTICE, pt. 5510.2930
13 SR 1275; 23 SR
1564
46
SR 1387
Statutory Authority: MS s
179A.04
