Subdivision 1. Commissioner may appoint referee. Whenever it reasonably appears to the commissioner that a labor organization has failed to comply with any of the requirements of sections 179.18 to 179.25, the commissioner may appoint a labor referee to act in the dispute.
Subd. 2. Hearing. Within ten days of appointment, the labor referee shall fix a time and place for a hearing upon the matter and send written notice thereof to the labor organization, and its officers who are charged in the complaint, the complainant, and to other persons who are parties to the dispute.
Subd. 3. Appearance; evidence. A party to or party affected by the dispute may appear at the hearing before the labor referee in person, by attorney, or by other representative. The party has the right to offer competent evidence and to be heard on the issues before an order is made by the referee. Within 30 days of the close of the hearing, the referee shall prepare and file with the commissioner findings of fact and an order sustaining or dismissing the charges. If the charges are sustained, a labor organization may be suspended from acting as the representative of employees by the commissioner until the basis for the failure to comply with the requirements of sections 179.18 to 179.25 has been removed as provided in subdivision 4. The commissioner shall suspend a labor organization which does not act affirmatively to remove the basis of sustained charges within 30 days of the filing of the referee's order with the commissioner.
Subd. 4. Removal of suspension. A labor organization which has had charges sustained against it under this section, whether suspended from acting as the representative of employees or not, may remove the basis for the charges or suspension by applying to the commissioner and submitting proof that the basis for the charges has been removed or corrected. Upon receipt of the application, the commissioner shall notify all parties to the hearing before the referee of the filing of the application. If within 20 days after providing notice, written objection by one of the parties to the removal of the basis or suspension is received by the commissioner, the matter shall be referred for additional investigation by a referee under this section. If no objection is so filed, the commissioner shall provide written notice of the removal of the basis for the original complaint and remove any suspension imposed.
Subd. 5. Powers of labor referee. A labor referee appointed by the commissioner under this section shall have the same powers as provided to commissions under section 179.08.
1987 c 45 s 7; 1987 c 186 s 15
Structure Minnesota Statutes
Chapters 175 - 186 — Labor, Industry
Section 179.01 — Definitions; Minnesota Labor Relations Act.
Section 179.02 — Bureau Of Mediation Services.
Section 179.03 — Removal Of Mediators For Political Activities.
Section 179.04 — Expenses; Fees.
Section 179.06 — Collective Bargaining Agreements.
Section 179.07 — Labor Dispute Affecting Public Interests; Procedure.
Section 179.08 — Powers Of Commission Appointed By Commissioner.
Section 179.083 — Jurisdictional Controversies.
Section 179.10 — Joining Labor Organizations; Uniting For Collective Bargaining.
Section 179.11 — Employee Unfair Labor Practices.
Section 179.12 — Employers' Unfair Labor Practices.
Section 179.121 — Operation Of Vehicle Where Dispute Is In Progress.
Section 179.13 — Interferences Which Are Unlawful.
Section 179.135 — Protection Of Collective Bargaining Agreements.
Section 179.14 — Injunctions; Temporary Restraining Orders.
Section 179.15 — Violators Not Entitled To Benefits Of Certain Sections.
Section 179.16 — Representatives For Collective Bargaining.
Section 179.17 — Citation, Labor Relations Act.
Section 179.18 — Definitions; Minnesota Labor Union Democracy Act.
Section 179.19 — Election Of Officers Of Labor Organization.
Section 179.20 — Notice Of Elections Given.
Section 179.21 — Reports Of Receipts And Disbursements.
Section 179.22 — Labor Referee.
Section 179.25 — Citation, Labor Union Democracy Act.
Section 179.254 — Construction Workers Insurance Benefit Funds; Definitions.
Section 179.255 — Payments Into Home Benefit Fund.
Section 179.256 — Notification.
Section 179.257 — Application.
Section 179.26 — Definitions; Certain Representation Disputes.
Section 179.27 — Strikes Or Boycotts Prohibited.
Section 179.28 — Recovery For Tort.
Section 179.29 — District Court Has Jurisdiction.
Section 179.35 — Definitions; Hospital No Strike And Arbitration Act.
Section 179.36 — Strikes Prohibited.
Section 179.37 — Lockouts Prohibited.
Section 179.38 — Arbitration Mandatory.
Section 179.39 — Sections Not Applicable.
Section 179.40 — Secondary Boycott; Declaration Of Policy.
Section 179.41 — Secondary Boycott Defined.
Section 179.42 — Unlawful Act And Unfair Labor Practice.
Section 179.43 — Illegal Combination; Violation Of Public Policy.
Section 179.44 — Unfair Labor Practice.
Section 179.45 — Rights And Remedies.
Section 179.46 — Limitations; Federal Act.
Section 179.47 — Construction Of Sections 179.40 To 179.47.
Section 179.60 — Interfering With Employee Or Membership In Union.
Section 179.82 — Grant Program Created; Applications.
Section 179.83 — Action On Application.
Section 179.84 — General Conditions And Terms Of Grants.
Section 179.85 — Funding Limitations.
Section 179.86 — Packinghouse Workers Bill Of Rights.
Section 179.90 — Office Of Collaboration And Dispute Resolution.