The Public Employment Relations Board, or PERB, is a neutral state agency that investigates and make determinations about unfair labor practice (ULP) charges between public-sector employees and employers in Minnesota.
Unfair labor practices are a specific group of prohibited actions for public employers, public employee unions, and public employees. ULPs are defined in Minn. Stat. 179A.13 of PELRA.
PELRA, or the Public Employment Labor Relations Act, is the law that governs public-sector employment in Minnesota. PELRA allows for collective bargaining and promotes orderly and constructive relationships between public employers and public employees. The PERB is created under PELRA.
The PERB can only investigate and decide ULP charges in the public sector and some charitable hospitals, and challenges to BMS Commissioner's decisions. The PERB does not give legal advice, represent employees or employers, or address ULPs in the private sector.
No, if you are not an employee of a public employer or a charitable hospital the PERB cannot help you because the PERB has limited jurisdiction. Employees of private-sector employers can contact the National Labor Relations Board.
If you are public-sector employee in a union in Minnesota, you may be covered by PELRA and you can file a ULP charge with the PERB. Visit File a Charge for more information.
If you are a public-sector employee in Minnesota, you may be covered by PELRA and you can file a ULP charge with the PERB. Visit File a Charge for more information.
Any public employee, employer, employee or employer organization, exclusive representative, or any other person or organization aggrieved by the prohibited practices in Minn. Stat. 179A.13. Certain charitable hospitals are covered under Minn. Stat. 179.11 or 179.12.
A charge can be filed against public employers, their agents and representatives; employee organizations, their agents or representatives; and public employees. Certain charitable hospitals are covered.
A charge must be filed within six months of the alleged ULP. The PERB does not have jurisdiction over ULPs that occur more than six months before the charge is filed. Put another way, whatever day you file the charge, look back 6 months and if the ULP occurred before then, you have a statute of limitations problem and the PERB may dismiss your charge.
The PERB does not have jurisdiction of ULPs that occur more than six months before the charge is filed. Put another way, whatever day you file the charge, look back 6 months and if the ULP occurred before then, you have a statute of limitations problem and the PERB may dismiss your charge.
To get a complaint and a hearing from a charge, the party filing the charge must show there is a reasonable basis in law or fact that a ULP happened. To ultimately get a decision that a ULP happened, the party filing the charge must show there by a preponderance of proof that a ULP happened.
Within seven days of a charge’s submission or amendment, the charging party must submit evidence in support of each alleged unfair labor practice as well as any documents that support its position to the assigned investigator. An extension can be granted for good cause shown.
If you file the charge with the PERB, you must also "serve" a copy of the charge form on the charged party by in-person delivery, US mail, or fax, or email (if they have agreed to electronic service).
Within 14 days of the ULP charge or amended charged, the charged party must submit a response to each alleged unfair labor practice as well as any evidence that supports its position to the assigned investigator. An extension can be granted for good cause shown.
PERB staff will investigate the ULP charge. The investigator may ask the parties for additional information or evidence. For more information, visit File a Charge .
After the investigation, the PERB will either dismiss a charge or issue a complaint which will start the next stage of the process, a hearing. In some cases, the PERB has deferred, or held off on action, until a grievance process has been resolved. If a complaint is issued and a hearing is held, no decision is complete until a decision and order are issued by the PERB. Parties can resolve charges at any time. Mediation is also available throughout the case. Contact PERB's Executive Director for assistance.
There is no set timeline to resolve ULP charges. The agency has received more charges than it was initially funded to handle, so there is a backlog of cases.
No, the PERB will notify parties of decisions and investigators will reach out with questions during the investigation. If you have additional information to support your charge during the investigation stage, you can provide that information.
A charge is what is filed at the beginning of the process by a charging party - an employee, a union, or an employer. It sets out the allegations, determines what the PERB's authority, and what it investigates, and the statute of limitations. A complaint is issued by the PERB, after an investigation of the charge and a determination that there is a reasonable basis in law or fact that a ULP has been committed.
A qualified hearing officer will conduct a hearing. During the hearing, the parties will argue the merits of the charge using evidence and witness testimony. For more information on that process, visit the laws and rules for the PERB.
The hearing officer will issue a recommended decision to the PERB. The parties will have a chance to submit "exceptions" to the PERB if they don't agree with everything in the recommended decision or if there are errors or omissions. The PERB will consider the recommended decision from the hearing officer and the exceptions from the parties, and then it will issue a decision and order. For more information, visit the laws and rules for the PERB.
No, the party can file "exceptions" to the recommended decision based on a specific timeline. For more information on the process, visit the laws and rules for the PERB.
You can file a charge based on that retaliation. It is considered a ULP under the law to retaliate against and someone for initiating or participating in the ULP charge process.
Visit the meetings, minutes, and agendas to review the approved meeting minutes for your case number. All case deliberations are closed to the public but the cases discussed will be listed.
