Public Employee Representation/Challenge

An employee organization may petition to challenge an incumbent organization as the exclusive representative for public employees in an existing appropriate unit under the Minnesota Public Employment Labor Relations Act for an appropriate unit of employees by filing the following documents with the Bureau:

1. Petition for Representation Election (online form, preferred)
2. Providing a copy of its constitution or bylaws which conform to Minnesota Statutes 179A.03, Subd. 6, and Minnesota Rules Part 5510.0410, Subpart 1(A).
3. Filing valid authorization cards signed and dated by at least 30 percent of the employees within the proposed unit in accordance with Minnesota Rules Part 5510.0810.

Upon receipt of all completed documents, an investigation will be initiated and if necessary a public hearing will be held to secure testimony and/or evidence pertinent to the request. If the proposed bargaining unit is found to be appropriate and timely and is supported by the required showing of interest (Minnesota Rules 5510.0310, Subpart 20), an election will be conducted by the Bureau to determine whether eligible employees wish to be exclusively represented by the petitioning employee organization. In order to be certified as an exclusive representative a majority of eligible employees who vote in the election must cast ballots in support of the petitioning employee organization.

Questions concerning procedures for filing a certification petition may be directed to 651-649-5421 or mediation.services.bms@state.mn.us.