8.10. SR 03-21-1994 - Laserfiche WebLink

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MPEl.RA NEWSLETTER - - e statute. However, it woul d appear that meetings may only be closed to discuss strategy on specific litigation. It almost never can be extended for the mere request for general 1 ega 1 advi ce or counsel. For example, the Court of Appeals has stated that the attorney-client privilege is not available when a governing body seeks to discuss the strengths and weaknesses of a proposed enactment which may give rise to future litigation. Uniform Baseline and Settlement Form e Peter Obermeyer, Commissioner of Bureau of Mediation Services, di scussed the provision in PELRA, M.S. 179A.04, Subd. 3(A), which requires completion of a Uni form Settl ement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than townships. The Bureau of Medi ation Servi ces (Bureau) has been charged with developing the Form and related instructions for compliance with the statute. Si nce the Conference, there have been a series of developments regarding this legislation. An issue was raised whether the Form had to be included as part of the rules established to implement the legislation. The Form was not initially included by the Bureau as part of the rules. The Attorney General determined that the Form needed to be part of the rules or detailed as to its purpose in the rules. As a result, the initial rules were withdrawn on September 13, 1993. e The Bureau has since gi ven noti ce of a request for "opinions" under the rul e-mak i ng procedures and the proces s wi 11 begi n anew. The Bureau requested opinions on the rules/Form in September and October and conducted a general meeting with labor and management representatives in late October. It is anticipated by the Bureau that the new rul es and Form wi 11 be noti ced to be adopted without a hearing (a non-controversial adoption of rules) in early December. If this does occur, then the rules and Form would become effective in early 1994. The Form is not intended to be a report of a public employer's labor costs or a substi tute for the costi ng methods of collective bargaining proposals by labor or management. Its purpose is limited to fulfilling the requirements of the legislation, with the intent of the legislation being to provide a standard basis for public employers to identify certain economic elements of a collective bargaining settlement. The Form must be presented to the governing body of each public employer at the time the governing body ratifies a collective bargaining contract. In addition, the Form must be available for public inspection during normal business hours within five calendar days after ratification by the public employer. The Form is reproduced on the following pages. Instructions for the Uniform Baseline and Settlement Form may be obtained from the Bureau of Mediation Services, (612) 649-5421. - l~-