reglab/housing_qa huggingface dataset:
MT Code § 39-31-409 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 4. Unfair Labor Practices|39-31-409. Court enforcement and review of board order

  39-31-409. Court enforcement and review of board order. (1) The board or the complaining party may petition for the enforcement of the order of the board and for appropriate temporary relief or a restraining order and shall file in the district court at its own expense the record in the proceedings.   (2) Upon the filing of the petition, the district court shall have jurisdiction of the proceeding. Thereafter, the district court shall set the matter for hearing and shall order the party charged to be served with notice of hearing at least 20 days before the date set for hearing.   (3) No objection that has not been raised before the board shall be considered by the court unless the failure or neglect to raise the objection is excused because of extraordinary circumstances.   (4) The findings of the board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.   (5) If either party applies to the court for leave to present additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to present it in the hearing before the board, the court may order the additional evidence to be taken before the board and to be made part of the record. The board may modify its findings as to the facts or make new findings by reason of additional evidence so taken and filed, and it shall file the modifying or new findings with the district court.   (6) After the hearing, the district court shall issue its order granting such temporary or permanent relief or restraining order as it considers just and proper, enforcing as so modified or setting aside, in whole or in part, the order of the board. Any order of the district court shall be subject to review by the supreme court in accordance with rules of civil procedure.   (7) The commencement of proceedings under subsections (1) through (6) of this section shall not, unless specifically ordered by the court, operate as a stay of the board's order.   History: En. Sec. 8, Ch. 441, L. 1973; R.C.M. 1947, 59-1608.
MT Code § 39-31-501 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 5. Police Officers -- Strikes Prohibited -- Binding Arbitration|39-31-501. Strikes by police officers prohibited

  39-31-501. Strikes by police officers prohibited. (1) It is unlawful for a police officer to strike or recognize a picket line of a labor organization while in the performance of official duties.   (2) (a) As used in this section, "strike" means an action listed in subsection (2)(b), in concerted action with others, for the purpose of inducing, influencing, or coercing a change in the conditions of employment, compensation, rights, privileges, or obligations of employment of a police officer.   (b) A police officer may not engage in the following actions in concert with others:   (i) refusal to report for duty;   (ii) willful absence from the police officer's position;   (iii) stoppage of work; or   (iv) departure from the full, faithful, or proper performance of duties of employment.   History: En. Sec. 1, Ch. 225, L. 2005.
MT Code § 39-31-502 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 5. Police Officers -- Strikes Prohibited -- Binding Arbitration|39-31-502. Mediation of disputes

  39-31-502. Mediation of disputes. (1) If after a 150-calendar-day period of good faith negotiation over the terms of an agreement or 150 days after certification or recognition of an exclusive representative an agreement has not been signed, either or both of the parties may notify the board of personnel appeals of the status of the negotiations and of the need for a mediator. The parties may agree to request a mediator before the end of the 150-day period. The 150-day period begins when the parties meet for the first bargaining session and each party has received the other party's initial proposal. Upon receipt of the notification, the board of personnel appeals shall appoint a mediator and notify the parties of the appointment.   (2) (a) After 15 days of mediation, either party may declare an impasse. The mediator may declare an impasse at any time during the mediation process. Written notification of an impasse must be filed with the board of personnel appeals.   (b) Within 7 days of the declaration of an impasse, each party shall submit to the mediator the final written offer of the party, including a cost summary of the offer. Within 7 days of receipt of the final offers, the mediator shall make public the final offers, including any proposed contract language and each party's cost summary addressing those issues on which the parties have failed to reach an agreement. Each party's proposed contract language must be titled "Final Offer".   (c) Within 30 days after the mediator makes public the parties' final offers, the parties may agree to and, upon agreement, shall jointly petition the board of personnel appeals to appoint a fact finder. The fact finder must be appointed as provided in 39-31-308(2).   (d) If an agreement is not reached within 30 days after the mediator makes the final offers public or, if the parties participated in fact finding, within 30 days after the receipt of the fact finder's report, either party may petition the board of personnel appeals for binding arbitration. The petition must include a copy of each party's final offer, as provided in subsection (2)(b).   History: En. Sec. 2, Ch. 225, L. 2005.
MT Code § 39-31-503 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 5. Police Officers -- Strikes Prohibited -- Binding Arbitration|39-31-503. Binding arbitration -- policy

  39-31-503. Binding arbitration -- policy. (1) It is the policy of the state that because the right of police officers to strike is prohibited by 39-31-501, it is necessary to the high morale of police officers and to the efficient operation of police departments to provide an alternative, expeditious, and effective procedure for the resolution of labor disputes through binding arbitration.   (2) Binding arbitration must be scheduled by mutual agreement no earlier than 30 days following the submission of the petition seeking binding arbitration under 39-31-502(2)(d).   History: En. Sec. 3, Ch. 225, L. 2005.
MT Code § 39-31-505 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 5. Police Officers -- Strikes Prohibited -- Binding Arbitration|39-31-505. Arbitration decision final

  39-31-505. Arbitration decision final. Subject to Title 27, chapter 5, part 3, the decision of the arbitrator is final and is binding on the parties, and the board of personnel appeals shall issue an order containing the decision. Refusal or failure to comply with any provision of a final and binding arbitration award is an unfair labor practice. An order issued by the board of personnel appeals pursuant to this section may be enforced by either party or the board of personnel appeals in the district court for any county in which the dispute arose.   History: En. Sec. 5, Ch. 225, L. 2005.
MT Code § 39-32-101 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-101. Purpose of chapter

  39-32-101. Purpose of chapter. The purpose of this chapter is to encourage effective measures to assure uninterrupted continuation of sufficient competent nursing care of the ill and infirm in the state and further to encourage the practice of mutually and peacefully agreeing upon the establishment and maintenance of desirable employment practices between nurse employees, professional and practical, and their health care facility employers, either public or private.   History: En. Sec. 1, Ch. 320, L. 1969; R.C.M. 1947, 41-2201.
MT Code § 39-32-102 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-102. Definitions

  39-32-102. Definitions. As used in this chapter, unless the context clearly requires otherwise, the following definitions apply:   (1) "Appropriate unit" means a homogenous group of employees of a health care facility having similar duties and qualifications determined pursuant to 39-32-106.   (2) "Board" means the board of personnel appeals provided for in 2-15-1705.   (3) "Employee" means a registered professional or licensed practical nurse performing services for compensation for a health care facility, but does not include a member of a religious order assigned to a health care facility by the order as a part of the member's obligation to the order.   (4) "Health care facility" means a hospital or nursing home or other agency or establishment employing employees, whether operated publicly or privately, having as one of its principal purposes the preservation of health, the care of sick or infirm individuals, or both.   (5) "Strike" means any work stoppage caused by the employees of a health care facility that interferes with the operation of the health care facility or affects the care of patients in the health care facility.   History: En. Sec. 2, Ch. 320, L. 1969; R.C.M. 1947, 41-2202(1) thru (3), (5); amd. Sec. 1, Ch. 485, L. 1983; amd. Sec. 1518, Ch. 56, L. 2009.
MT Code § 39-32-103 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-103. Rules

  39-32-103. Rules. The board shall adopt and promulgate rules to carry into effect the provisions of this chapter.   History: En. Sec. 7, Ch. 320, L. 1969; R.C.M. 1947, 41-2207(3); amd. Sec. 2, Ch. 485, L. 1983.
MT Code § 39-32-104 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-104. Hearings for determination of appropriate unit

  39-32-104. Hearings for determination of appropriate unit. The board may set the time and place for hearings for determination of the composition of appropriate units when requested to make such determination under 39-32-106(2).   History: En. Sec. 7, Ch. 320, L. 1969; R.C.M. 1947, 41-2207(1); amd. Sec. 3, Ch. 485, L. 1983.
MT Code § 39-32-105 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-105. General classifications for health care facilities and appropriate units -- petition for removal from general classification

  39-32-105. General classifications for health care facilities and appropriate units -- petition for removal from general classification. (1) The board may determine, on its own motion by holding hearings or conducting such investigations as it thinks necessary, general classifications for health care facilities and appropriate units.   (2) When such determination has been made hereunder and when an application has been made by a health care facility or an employee organization for a specific determination as to it, the board may make such determination on the basis of such general classification.   (3) The health care facility or employee organization may, within 30 days after notice to it of such determination, file a request for a hearing upon written petition which shall set forth the facts which it believes remove it from such general classification, and hearing shall be held on such petition.   History: En. Sec. 7, Ch. 320, L. 1969; R.C.M. 1947, 41-2207(2); amd. Sec. 4, Ch. 485, L. 1983.
MT Code § 39-32-106 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-106. Determination of appropriate bargaining unit

  39-32-106. Determination of appropriate bargaining unit. (1) The composition of an appropriate unit in a health care facility, for purposes of this law, may be determined by mutual consent between such facility and the employees thereof.   (2) In the event no such mutual consent is available, then either the facility or representatives of employees may apply to the board and said board, through a duly designated agent, shall make a determination of the composition of such an appropriate unit.   (3) In determining such appropriate unit, professional employees may not be included in the same unit with nonprofessional employees unless a majority of professional employees in a proposed unit desire such inclusion. Weight shall be accorded similarity of duties, licensure, and conditions of employment, among other relevant factors, in determining an appropriate unit.   History: En. Sec. 4, Ch. 320, L. 1969; R.C.M. 1947, 41-2204; amd. Sec. 5, Ch. 485, L. 1983.
MT Code § 39-32-107 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-107. Repealed

  39-32-107. Repealed. Sec. 12, Ch. 485, L. 1983.   History: En. Sec. 5, Ch. 320, L. 1969; R.C.M. 1947, 41-2205.
MT Code § 39-32-108 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-108. Repealed

  39-32-108. Repealed. Sec. 12, Ch. 485, L. 1983.   History: En. Sec. 6, Ch. 320, L. 1969; R.C.M. 1947, 41-2206.
MT Code § 39-32-109 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-109. Unfair labor practices

  39-32-109. Unfair labor practices. (1) It is an unfair labor practice for a health care facility to do one or more of the following:   (a) interfere with or restrain or coerce employees in any manner in the exercise of their right of self-organization;   (b) initiate, create, dominate, contribute to, or interfere with the formation or administration of any employee organization that has collective bargaining as one of its principal functions;   (c) discriminate in regard to hire terms or conditions of employment when a purpose is to discourage membership in an employee organization that has collective bargaining as one of its principal functions;   (d) refuse to meet and bargain in good faith with the designated representatives of an appropriate bargaining unit of its employees. For the purpose of this subsection (1)(d), it is a requirement of bargaining in good faith that the parties be willing to reduce to writing and have their representative sign any agreement arrived at through negotiations and discussion.   (e) unilaterally exclude from work or prevent from working or discharge any one or more employees when the purpose of the action is in whole or in part to interfere with or coerce or intimidate an employee in the exercise of rights ensured in this law.   (2) It is an unfair labor practice for a labor organization or its agents to:   (a) restrain or coerce employees in the exercise of the right to:   (i) form, join, or assist any labor organization;   (ii) bargain collectively through representatives of their own choosing; or   (iii) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection;   (b) restrain or coerce an employer in the selection of a representative for the purpose of collective bargaining or the adjustment of grievances;   (c) refuse to bargain collectively in good faith with an employer if it has been designated as the exclusive representative of employees;   (d) use agency shop fees for contributions to political candidates or parties.   History: En. Sec. 3, Ch. 320, L. 1969; R.C.M. 1947, 41-2203; amd. Sec. 6, Ch. 485, L. 1983; (2)En. Sec. 7, Ch. 485, L. 1983; amd. Sec. 1519, Ch. 56, L. 2009.
MT Code § 39-32-110 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-110. Unlawful strikes

  39-32-110. Unlawful strikes. It shall be unlawful for any employee of a health care facility, as defined in 39-32-102, to participate in a strike if there is another strike in effect at another health care facility within a radius of 150 miles. Employees of a health care facility, as defined in 39-32-102, or their duly elected representative must give the health care facility 30 days' written notice of any strike by them and must specify in the notice the day the strike is to begin.   History: En. Sec. 9, Ch. 320, L. 1969; R.C.M. 1947, 41-2209.
MT Code § 39-32-111 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-111. Repealed

  39-32-111. Repealed. Sec. 12, Ch. 485, L. 1983.   History: En. Sec. 8, Ch. 320, L. 1969; R.C.M. 1947, 41-2208.
MT Code § 39-32-112 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-112. Adjudication of unfair labor practices complaints by board

  39-32-112. Adjudication of unfair labor practices complaints by board. Violations of 39-32-109 are remediable by the board, and board orders are enforceable and reviewable by the court in the same manner as provided for in Title 39, chapter 31, part 4.   History: En. Sec. 8, Ch. 485, L. 1983.
MT Code § 39-32-113 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-113. Representation questions decided by board

  39-32-113. Representation questions decided by board. Representation questions shall be decided by the board in the same manner as provided for in 39-31-207 through 39-31-210.   History: En. Sec. 9, Ch. 485, L. 1983.
MT Code § 39-32-114 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 32. Collective Bargaining for Nurses|Part 1. General Provisions|39-32-114. Subpoena power of board

  39-32-114. Subpoena power of board. The board has the same power to subpoena witnesses and administer oaths and affirmations under this chapter as it does under Title 39, chapter 31, and the provisions of 39-31-106 and 39-31-107 are incorporated by reference into this chapter.   History: En. Sec. 10, Ch. 485, L. 1983.
MT Code § 39-33-101 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 1. Right to Work Without Union Interference in Certain Small Businesses|39-33-101. Intent of part

  39-33-101. Intent of part. It is the intent of this part that a sole proprietor or a member of a partnership consisting of not more than two partners who own a retail or amusement establishment and the members of the proprietor's or partner's immediate family may do any work in the place of business without interference by any union or any member of the union.   History: En. Sec. 1, Ch. 160, L. 1959; R.C.M. 1947, 41-1801; amd. Sec. 1520, Ch. 56, L. 2009.
MT Code § 39-33-102 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 1. Right to Work Without Union Interference in Certain Small Businesses|39-33-102. Immediate family defined

  39-33-102. Immediate family defined. "Immediate family" includes the owner, the owner's spouse, and any children under the age of 18 years.   History: En. Sec. 3, Ch. 160, L. 1959; R.C.M. 1947, 41-1803; amd. Sec. 1521, Ch. 56, L. 2009.
MT Code § 39-33-103 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 1. Right to Work Without Union Interference in Certain Small Businesses|39-33-103. Unfair labor practice

  39-33-103. Unfair labor practice. Any union or member of a union who infringes or interferes with the right of an owner and the members of the owner's immediate family to do any work in the owner's place of business is guilty of an unfair labor practice.   History: En. Sec. 2, Ch. 160, L. 1959; R.C.M. 1947, 41-1802; amd. Sec. 1522, Ch. 56, L. 2009.
MT Code § 39-33-104 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 1. Right to Work Without Union Interference in Certain Small Businesses|39-33-104. Beer and liquor establishment excepted

  39-33-104. Beer and liquor establishment excepted. Nothing in this part shall apply to an establishment that sells liquor or beer.   History: En. Sec. 4, Ch. 160, L. 1959; R.C.M. 1947, 41-1804.
MT Code § 39-33-105 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 1. Right to Work Without Union Interference in Certain Small Businesses|39-33-105. Violation

  39-33-105. Violation. Violation of any of the provisions of this part shall be punishable by a fine of $50.   History: En. Sec. 5, Ch. 160, L. 1959; R.C.M. 1947, 41-1805.
MT Code § 39-33-201 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 2. Employment of Strikebreakers|39-33-201. Recruitment of strikebreakers by third parties

  39-33-201. Recruitment of strikebreakers by third parties. No person, partnership, firm, or officer or agent thereof may recruit, procure, supply, or refer a professional strikebreaker for employment in place of an employee involved in a labor dispute when such person, partnership, or firm is not a party to the dispute.   History: En. 41-2501 by Sec. 1, Ch. 40, L. 1975; R.C.M. 1947, 41-2501.
MT Code § 39-33-202 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 2. Employment of Strikebreakers|39-33-202. Professional strikebreakers prohibited

  39-33-202. Professional strikebreakers prohibited. (1) An employer involved in a labor dispute may not employ in the place of an employee involved in the dispute a professional strikebreaker who customarily and repeatedly offers to be employed in the place of employees involved in labor disputes.   (2) A professional strikebreaker who customarily and repeatedly offers to be employed in place of employees involved in labor disputes may not take or offer to take the place in employment of an employee involved in a labor dispute within the state.   History: En. 41-2502 by Sec. 2, Ch. 40, L. 1975; R.C.M. 1947, 41-2502; amd. Sec. 1523, Ch. 56, L. 2009.
MT Code § 39-33-203 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 2. Employment of Strikebreakers|39-33-203. Agreements to procure strikebreakers prohibited

  39-33-203. Agreements to procure strikebreakers prohibited. No employer involved in a labor dispute may contract or arrange with any other person, partnership, or firm for the latter to recruit, procure, supply, or refer professional strikebreakers for employment in place of employees involved in the dispute.   History: En. 41-2503 by Sec. 3, Ch. 40, L. 1975; R.C.M. 1947, 41-2503.
MT Code § 39-33-204 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 33. General Limitations on Collective Bargaining Rights|Part 2. Employment of Strikebreakers|39-33-204. Advertising for strikebreakers restricted

  39-33-204. Advertising for strikebreakers restricted. No person, partnership, or firm may recruit, solicit, or advertise for employees or refer persons to employment in place of employees involved in a labor dispute without adequate notice in such advertisement or reference that there is a labor dispute at the place at which employment is offered and that the employment offered is in the place of employees involved in such dispute.   History: En. 41-2504 by Sec. 4, Ch. 40, L. 1975; R.C.M. 1947, 41-2504.