reglab/housing_qa huggingface dataset:
MT Code § 39-31-208 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 2. Public Employee Self-Organization and Certification of Bargaining Representative|39-31-208. Representation election at direction of board

  39-31-208. Representation election at direction of board. (1) If the board or an agent of the board, in the hearing provided for in 39-31-207, finds that there is a question of representation, it shall direct an election by secret ballot to determine whether and by which labor organization the employees desire to be represented or whether they desire to have no labor organization represent them and shall certify the results thereof.   (2) Only those labor organizations which have been designated by more than 10% of the employees in the unit found to be appropriate shall be placed on the ballot.   (3) The board or an agent of the board shall determine who is eligible to vote in the election and shall establish rules governing the election.   (4) Unless the majority vote is for no representation by a labor organization and in any election where none of the choices for a representative on the ballot receives a majority, a runoff election shall be conducted, the ballot providing for selection between the two choices receiving the largest and the second largest number of valid votes cast in the election.   (5) A labor organization which receives the majority of the votes cast in an election shall be certified by the board as the exclusive representative.   History: En. Sec. 6, Ch. 441, L. 1973; amd. Sec. 1, Ch. 136, L. 1975; R.C.M. 1947, 59-1606(part); amd. Sec. 32, Ch. 397, L. 1979.
MT Code § 39-31-209 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 2. Public Employee Self-Organization and Certification of Bargaining Representative|39-31-209. Consent election

  39-31-209. Consent election. Nothing in 39-31-207 or 39-31-208 prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the board.   History: En. Sec. 6, Ch. 441, L. 1973; amd. Sec. 1, Ch. 136, L. 1975; R.C.M. 1947, 59-1606(part).
MT Code § 39-31-210 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 2. Public Employee Self-Organization and Certification of Bargaining Representative|39-31-210. Election in 12-month period following valid election prohibited

  39-31-210. Election in 12-month period following valid election prohibited. An election shall not be directed in any bargaining unit or in any subdivision thereof within which in the preceding 12-month period a valid election has been held.   History: En. Sec. 6, Ch. 441, L. 1973; amd. Sec. 1, Ch. 136, L. 1975; R.C.M. 1947, 59-1606(part).
MT Code § 39-31-211 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 2. Public Employee Self-Organization and Certification of Bargaining Representative|39-31-211. Labor organizations representing employees of the board to be unaffiliated

  39-31-211. Labor organizations representing employees of the board to be unaffiliated. A labor organization representing employees of the board may not affiliate or associate itself with a labor organization that represents any employees other than employees of the board. The board may not certify a labor organization as the exclusive representative of the employees of the board if, at the time of certification or thereafter, the labor organization is associated or affiliated with a labor organization that represents employees other than employees of the board.   History: En Sec. 2, Ch. 271, L. 1979.
MT Code § 39-31-301 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-301. Representative of public employer

  39-31-301. Representative of public employer. The chief executive officer of the state, the governing body of a political subdivision, the commissioner of higher education, whether elected or appointed, or the designated authorized representative shall represent the public employer in collective bargaining with an exclusive representative.   History: En. Sec. 9, Ch. 441, L. 1973; amd. Sec. 3, Ch. 313, L. 1974; amd. Sec. 1, Ch. 35, L. 1975; R.C.M. 1947, 59-1609.
MT Code § 39-31-302 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-302. Participation by student representative when public employer is board of regents

  39-31-302. Participation by student representative when public employer is board of regents. When the board of regents is the public employer defined in 39-31-103, the student government at an institution of higher education may designate an agent or representative to meet and confer with the board of regents and the faculty bargaining agent prior to negotiations with the professional educational employees, to observe those negotiations and participate in caucuses as part of the public employer's bargaining team, and to meet and confer with the board of regents regarding the terms of agreement prior to the execution of a written contract between the regents and the professional educational employees. The student observer is obliged to maintain the confidentiality of these negotiations.   History: En. Sec. 2, Ch. 441, L. 1973; amd. Sec. 1, Ch. 117, L. 1975; amd. Sec. 1, Ch. 384, L. 1975; R.C.M. 1947, 59-1602(part).
MT Code § 39-31-303 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-303. Management rights of public employers

  39-31-303. Management rights of public employers. Public employees and their representatives shall recognize the prerogatives of public employers to operate and manage their affairs in such areas as, but not limited to:   (1) direct employees;   (2) hire, promote, transfer, assign, and retain employees;   (3) relieve employees from duties because of lack of work or funds or under conditions where continuation of such work be inefficient and nonproductive;   (4) maintain the efficiency of government operations;   (5) determine the methods, means, job classifications, and personnel by which government operations are to be conducted;   (6) take whatever actions may be necessary to carry out the missions of the agency in situations of emergency;   (7) establish the methods and processes by which work is performed.   History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(2).
MT Code § 39-31-304 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-304. Negotiable items for school districts

  39-31-304. Negotiable items for school districts. Nothing in this chapter shall require or allow boards of trustees of school districts to bargain collectively upon any matter other than matters specified in 39-31-305(2).   History: En. Sec. 2, Ch. 117, L. 1975; R.C.M. 1947, 59-1617.
MT Code § 39-31-305 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-305. Duty to bargain collectively -- good faith

  39-31-305. Duty to bargain collectively -- good faith. (1) The public employer and the exclusive representative, through appropriate officials or their representatives, have the authority and the duty to bargain collectively. This duty extends to the obligation to bargain collectively in good faith as set forth in subsection (2).   (2) For the purpose of this chapter, to bargain collectively is the performance of the mutual obligation of the public employer or the public employer's designated representatives and the representatives of the exclusive representative to meet at reasonable times and negotiate in good faith with respect to wages, hours, fringe benefits, and other conditions of employment or the negotiation of an agreement or any question arising under an agreement and the execution of a written contract incorporating any agreement reached. The obligation does not compel either party to agree to a proposal or require the making of a concession.   (3) For purposes of state government only, the requirement of negotiating in good faith may be met by the submission of a negotiated settlement to the legislature in the executive budget or by bill or joint resolution. The failure to reach a negotiated settlement for submission is not, by itself, prima facie evidence of a failure to negotiate in good faith.   History: (1)En. Sec. 4, Ch. 441, L. 1973; Sec. 59-1604, R.C.M. 1947; (2), (3)En. Sec. 5, Ch. 441, L. 1973; amd. Sec. 1, Ch. 36, L. 1975; amd. Sec. 1, Ch. 97, L. 1975; amd. Sec. 2, Ch. 384, L. 1975; Sec. 59-1605, R.C.M. 1947; R.C.M. 1947, 59-1604, 59-1605(3), (4); amd. Sec. 1512, Ch. 56, L. 2009.
MT Code § 39-31-306 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-306. Collective bargaining agreements

  39-31-306. Collective bargaining agreements. (1) An agreement reached by the public employer and the exclusive representative must be reduced to writing and must be executed by both parties.   (2) Except as provided in subsection (5), an agreement may contain a grievance procedure culminating in final and binding arbitration of unresolved grievances and disputed interpretations of agreements.   (3) An agreement between the public employer and a labor organization must be valid and enforced under its terms when entered into in accordance with the provisions of this chapter and signed by the chief executive officer of the state or political subdivision or commissioner of higher education or by a representative. A publication of the agreement is not required to make it effective.   (4) The procedure for the making of an agreement between the state or political subdivision and a labor organization provided by this chapter is the exclusive method of making a valid agreement for public employees represented by a labor organization.   (5) An agreement to which a school is a party must contain a grievance procedure culminating in final and binding arbitration of unresolved and disputed interpretations of agreements. The aggrieved party may have the grievance or disputed interpretation of the agreement resolved either by final and binding arbitration or by any other available legal method and forum, but not by both. After a grievance has been submitted to arbitration, the grievant and the exclusive representative waive any right to pursue against the school an action or complaint that seeks the same remedy. If a grievant or the exclusive representative files a complaint or other action against the school, arbitration seeking the same remedy may not be filed or pursued under this section.   History: En. Sec. 10, Ch. 441, L. 1973; amd. Sec. 4, Ch. 313, L. 1974; R.C.M. 1947, 59-1610; amd. Sec. 1, Ch. 582, L. 1993.
MT Code § 39-31-307 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-307. Mediation of disputes

  39-31-307. Mediation of disputes. If, after a reasonable period of negotiation over the terms of an agreement or upon expiration of an existing collective bargaining agreement, a dispute concerning the collective bargaining agreement exists between the public employer and a labor organization, the parties shall request mediation.   History: En. Sec. 14, Ch. 441, L. 1973; amd. Sec. 1, Ch. 18, L. 1975; R.C.M. 1947, 59-1614(1).
MT Code § 39-31-308 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-308. Initiation of factfinding -- designation of fact finder

  39-31-308. Initiation of factfinding -- designation of fact finder. (1) If, upon expiration of an existing collective bargaining agreement or 30 days following certification or recognition of an exclusive representative, a dispute concerning the collective bargaining agreement exists between the employer and the exclusive representative, either party may petition the board to initiate factfinding.   (2) Within 3 days of receipt of such petition, the board shall submit to the parties a list of five qualified, disinterested persons from which the parties shall alternate in striking two names. The remaining person shall be designated fact finder. This process shall be completed within 5 days of receipt of the list. The parties shall notify the board of the designated fact finder.   (3) If no request for factfinding is made by either party before the expiration of the agreement or 30 days following certification or recognition of an exclusive representative, the board may initiate factfinding as provided for in subsection (2) above.   History: En. Sec. 14, Ch. 441, L. 1973; amd. Sec. 1, Ch. 18, L. 1975; R.C.M. 1947, 59-1614(2) thru (4).
MT Code § 39-31-309 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-309. Factfinding proceedings

  39-31-309. Factfinding proceedings. (1) The fact finder shall immediately establish dates and place of hearings.   (2) The public employer and the exclusive representative are the only proper parties to factfinding proceedings.   (3) Upon request of either party or the fact finder, the board shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths.   (4) Upon completion of the hearings, but no later than 20 days from the date of appointment, the fact finder shall make written findings of facts and recommendations for resolution of the dispute and shall serve the findings on the public employer and the exclusive representative. The fact finder may make this report public 5 days after it is submitted to the parties. If the dispute is not resolved 15 days after the report is submitted to the parties, the report must be made public.   (5) When a party petitions the board to initiate factfinding, the cost of factfinding proceedings must be equally borne by the parties. When the board initiates factfinding, the cost of factfinding proceedings must be equally borne by the board and the parties.   (6) Nothing in 39-31-307 through 39-31-310 prohibits the fact finder from endeavoring to mediate the dispute in which the fact finder has been selected or appointed.   History: En. Sec. 14, Ch. 441, L. 1973; amd. Sec. 1, Ch. 18, L. 1975; R.C.M. 1947, 59-1614(5) thru (8); amd. Sec. 33, Ch. 397, L. 1979; amd. Sec. 10, Ch. 90, L. 1995.
MT Code § 39-31-310 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-310. Submission of issues to arbitration

  39-31-310. Submission of issues to arbitration. Nothing in 39-31-307 through 39-31-310 prohibits the parties from voluntarily agreeing to submit any or all of the issues to final and binding arbitration, and if such agreement is reached, the arbitration shall supersede the factfinding procedures set forth in those sections. An agreement to arbitrate and the award issued in accordance with such agreement shall be enforceable in the same manner as is provided in this chapter for enforcement of collective bargaining agreements.   History: En. Sec. 14, Ch. 441, L. 1973; amd. Sec. 1, Ch. 18, L. 1975; R.C.M. 1947, 59-1614(9).
MT Code § 39-31-311 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-311. Training of fact finders and arbitrators

  39-31-311. Training of fact finders and arbitrators. The board of personnel appeals shall establish a course of education for the training of fact finders and arbitrators. A person may not serve as a fact finder or as an arbitrator under this chapter until the person has successfully completed the course or equivalent education.   History: En. 59-1614.1 by Sec. 1, Ch. 57, L. 1977; R.C.M. 1947, 59-1614.1; amd. Sec. 1513, Ch. 56, L. 2009.
MT Code § 39-31-312 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 3. Bargaining|39-31-312. Nonnegotiable items for state prison

  39-31-312. Nonnegotiable items for state prison. Collective bargaining agreements entered after July 14, 1982, may not contain provisions prohibiting or restricting the use of inmate labor as provided for in 53-30-151.   History: En. Sec. 3, Ch. 7, Sp. L. 1982.
MT Code § 39-31-401 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-401. Unfair labor practices of public employer

  39-31-401. Unfair labor practices of public employer. It is an unfair labor practice for a public employer to:  (1) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201;   (2) dominate, interfere, or assist in the formation or administration of any labor organization. However, subject to rules adopted by the board under 39-31-104, an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.   (3) discriminate in regard to hire or tenure of employment or any term or condition of employment in order to encourage or discourage membership in any labor organization;   (4) discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this chapter; or   (5) refuse to bargain collectively in good faith with an exclusive representative.   History: En. Sec. 5, Ch. 441, L. 1973; amd. Sec. 1, Ch. 36, L. 1975; amd. Sec. 1, Ch. 97, L. 1975; amd. Sec. 2, Ch. 384, L. 1975; R.C.M. 1947, 59-1605(1); amd. Sec. 34, Ch. 397, L. 1979; amd. Sec. 1514, Ch. 56, L. 2009; amd. Sec. 1, Ch. 233, L. 2021.
MT Code § 39-31-402 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-402. Unfair labor practices of labor organization

  39-31-402. Unfair labor practices of labor organization. It is an unfair labor practice for a labor organization or its agents to:   (1) restrain or coerce:   (a) employees in the exercise of the right guaranteed in 39-31-201; or   (b) a public employer in the selection of a representative for the purpose of collective bargaining or the adjustment of grievances;   (2) refuse to bargain collectively in good faith with a public employer if it has been designated as the exclusive representative of employees;   (3) use agency shop fees for contributions to political candidates or parties at state or local levels.   History: En. Sec. 5, Ch. 441, L. 1973; amd. Sec. 1, Ch. 36, L. 1975; amd. Sec. 1, Ch. 97, L. 1975; amd. Sec. 2, Ch. 384, L. 1975; R.C.M. 1947, 59-1605(2); amd. Sec. 1515, Ch. 56, L. 2009.
MT Code § 39-31-403 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-403. Remedies for unfair labor practices

  39-31-403. Remedies for unfair labor practices. Violations of the provisions of 39-31-401 or 39-31-402 are unfair labor practices remediable by the board pursuant to this part.   History: En. Sec. 7, Ch. 441, L. 1973; R.C.M. 1947, 59-1607(part); amd. Sec. 35, Ch. 397, L. 1979.
MT Code § 39-31-404 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-404. Six-month limitation on unfair labor practice complaint -- exception

  39-31-404. Six-month limitation on unfair labor practice complaint -- exception. A notice of hearing may not be issued based upon any unfair labor practice more than 6 months before the filing of the charge with the board unless the person aggrieved was prevented from filing the charge by reason of service in the armed forces, in which event the 6-month period must be computed from the day of discharge.   History: En. Sec. 7, Ch. 441, L. 1973; R.C.M. 1947, 59-1607(part); amd. Sec. 1516, Ch. 56, L. 2009.
MT Code § 39-31-405 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-405. Unfair labor practice complaint -- investigation -- notice of hearing -- service -- answer

  39-31-405. Unfair labor practice complaint -- investigation -- notice of hearing -- service -- answer. (1) Whenever a complaint is filed alleging that any person has engaged in or is engaging in any such unfair labor practice, the board shall issue and cause to be served upon the person a copy of the complaint and provide the person with an opportunity to respond to all charges. After receipt of responses from the charged party, an agent designated by the board for such purposes shall investigate the alleged unfair labor practice.   (2) If, after the investigation, the agent designated by the board determines that the charge is without probable merit, the board shall issue and cause to be served upon the complaining party and the person being charged notice of its intention to dismiss the complaint. The dismissal becomes a final order of the board unless either party requests a review of the decision to dismiss the complaint. The request for a review must be made in writing within 10 days of receipt of the notice of intention to dismiss. If a review is requested, the board may uphold its decision to dismiss the complaint or, pursuant to subsection (3), schedule a hearing on the merits. If the board upholds its decision to dismiss the complaint, the dismissal becomes a final order of the board.   (3) If after the investigation or after the review provided for in subsection (2), the board determines that there is probable merit for the charge, the board shall issue and cause to be served upon the complaining party and the party charged a notice of hearing before the board, a member thereof, or before a designated agent at a time and place therein fixed, not less than 5 working days after the date of service.   (4) If a hearing is to be held, the person against whom the charge is filed shall file an answer to the complaint.   (5) Each party to an unfair labor practice proceeding has the right to disqualify, without cause, the hearing examiner designated by the board to hear the complaint. The right may be exercised only once by each party and must be exercised within 5 days from the time a party is notified by the board of the hearing examiner designated to hear the matter. The exercise of this right is in addition to any rights a party has to disqualify a hearing examiner under 2-4-611.   History: En. Sec. 7, Ch. 441, L. 1973; R.C.M. 1947, 59-1607(part); amd. Sec. 1, Ch. 95, L. 1983; (5)En. Sec. 1, Ch. 211, L. 1983.
MT Code § 39-31-407 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-407. Amendment of complaint

  39-31-407. Amendment of complaint. Any complaint may be amended by the complainant at any time prior to the issuance of an order based thereon, provided that the charged party is not unfairly prejudiced thereby.   History: En. Sec. 7, Ch. 441, L. 1973; R.C.M. 1947, 59-1607(part).
MT Code § 39-31-408 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-408. Modification by board of findings and order

  39-31-408. Modification by board of findings and order. Until the record in a proceeding has been filed in district court, the board at any time, upon reasonable notice and in such manner as it considers proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.   History: En. Sec. 7, Ch. 441, L. 1973; R.C.M. 1947, 59-1607(3).