reglab/housing_qa huggingface dataset:
MT Code § 39-29-203 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 29. Veterans' Employment Preference|Part 2. Private Employer Hiring Preference|39-29-203. Veteran hiring preference for private employers authorized -- definition

  39-29-203. Veteran hiring preference for private employers authorized -- definition. (1) A private sector employer may adopt an employment policy that gives preference in hiring to a veteran.   (2) For the purposes of this part, "private sector employer" means any employer that is not a public employer. The term includes for-profit and not-for-profit employers.   History: En. Sec. 3, Ch. 147, L. 2015.
MT Code § 39-30-101 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 1. General Provisions|39-30-101. Short title

  39-30-101. Short title. This chapter may be cited as the "Montana Persons With Disabilities Employment Preference Act".   History: En. Sec. 1, Ch. 1, Sp. L. 1983; amd. Sec. 8, Ch. 646, L. 1989; amd. Sec. 32, Ch. 472, L. 1997.
MT Code § 39-30-102 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 1. General Provisions|39-30-102. Purposes

  39-30-102. Purposes. The purposes of this chapter are to recognize past employment discrimination against persons with disabilities and to facilitate the habilitation, rehabilitation, and readjustment of persons with disabilities.   History: En. Sec. 2, Ch. 1, Sp. L. 1983; amd. Sec. 9, Ch. 646, L. 1989; amd. Sec. 33, Ch. 472, L. 1997.
MT Code § 39-30-104 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 1. General Provisions|39-30-104. and 39-30-105 reserved

  39-30-104 and 39-30-105 reserved.
MT Code § 39-30-106 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 1. General Provisions|39-30-106. Adoption of rules

  39-30-106. Adoption of rules. The department of administration shall adopt rules implementing this chapter and shall consult with the department of public health and human services in adopting rules governing certification of persons with disabilities for purposes of this chapter. The department of administration's rules apply to all public employers, local as well as state.   History: En. Sec. 9, Ch. 1, Sp. L. 1983; amd. Sec. 102, Ch. 546, L. 1995; amd. Sec. 35, Ch. 472, L. 1997.
MT Code § 39-30-107 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 1. General Provisions|39-30-107. Certification of persons with disabilities

  39-30-107. Certification of persons with disabilities. Except for a disabled veteran, who must be certified as disabled by the U.S. department of veterans affairs, the department of public health and human services shall certify persons with disabilities for the purpose of employment preference as provided in this chapter.   History: En. Sec. 6, Ch. 1, Sp. L. 1983; amd. Sec. 103, Ch. 546, L. 1995; amd. Sec. 36, Ch. 472, L. 1997; amd. Sec. 5, Ch. 191, L. 2013.
MT Code § 39-30-108 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 1. General Provisions|39-30-108. No application if conflict with federal law

  39-30-108. No application if conflict with federal law. This chapter does not apply to work or positions subject to federal laws or regulations if application of the employment preference conflicts with those laws or regulations.   History: En. Sec. 10, Ch. 1, Sp. L. 1983.
MT Code § 39-30-201 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 2. Operative Provisions|39-30-201. Employment preference in initial hiring

  39-30-201. Employment preference in initial hiring. (1) Except as provided in 10-2-402 and subsection (3) of this section, in an initial hiring for a position, if a job applicant who is a person with a disability or eligible spouse meets the eligibility requirements contained in 39-30-202 and claims a preference as required by 39-30-206, a public employer shall hire the applicant over any other applicant with substantially equal qualifications who is not a preference-eligible applicant.   (2) The employment preference provided for in subsection (1) does not apply to a personnel action described in 39-30-103(2)(b) or to any other personnel action that is not an initial hiring.   (3) To minimize confusion between 39-29-102 and this section, if a public employer in an initial hiring for a position uses a scoring procedure, the employer shall follow the guidelines in 39-29-102 if an applicant requests a veterans' or disabled veterans' preference. If a scoring procedure is not used, the employer shall provide preference first to a disabled veteran, then to a person with a disability, a veteran, an eligible relative as defined in 39-29-101, and an eligible spouse as defined in 39-30-103, in that order, over any applicant that does not have preference eligibility and that has substantially equal qualifications.   History: En. Sec. 4, Ch. 1, Sp. L. 1983; amd. Sec. 11, Ch. 646, L. 1989; amd. Sec. 37, Ch. 472, L. 1997; amd. Sec. 6, Ch. 191, L. 2013.
MT Code § 39-30-202 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 2. Operative Provisions|39-30-202. Eligibility requirements

  39-30-202. Eligibility requirements. An eligible spouse or person with a disability is not entitled to receive employment preference as provided in 39-30-201 unless:   (1) the individual is a United States citizen;   (2) the individual has resided continuously in the state for at least 1 year immediately before applying for employment;   (3) if applying for municipal or county employment, the individual has resided for at least 30 days immediately before applying for employment in the city, town, or county in which employment is sought; and   (4) the individual meets those requirements considered necessary by a public employer to successfully perform the essential duties of the position for which the individual is applying.   History: En. Sec. 5, Ch. 1, Sp. L. 1983; amd. Sec. 12, Ch. 646, L. 1989; amd. Sec. 38, Ch. 472, L. 1997.
MT Code § 39-30-203 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 2. Operative Provisions|39-30-203. Duration of preference

  39-30-203. Duration of preference. Subject to 39-30-202, a person with a disability or eligible spouse qualifies for employment preference as long as the disabling condition exists.   History: En. Sec. 7, Ch. 1, Sp. L. 1983; amd. Sec. 13, Ch. 646, L. 1989; amd. Sec. 39, Ch. 472, L. 1997.
MT Code § 39-30-204 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 2. Operative Provisions|39-30-204. and 39-30-205 reserved

  39-30-204 and 39-30-205 reserved.
MT Code § 39-30-206 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 2. Operative Provisions|39-30-206. Notice and claim of preference

  39-30-206. Notice and claim of preference. (1) A public employer shall, by posting or on the application form, give notice of the preferences that this chapter provides in public employment.   (2) A job applicant who believes that the applicant has an employment preference shall claim the preference in writing before the time for filing applications for the position involved has passed. Failure to make a timely employment preference claim for a position is a complete defense to an action in regard to that position under 39-30-207.   (3) If an applicant for a position makes a timely written employment preference claim, the public employer shall give written notice of its hiring decision to each applicant claiming preference.   History: En. Sec. 8(1)-(3), Ch. 1, Sp. L. 1983; amd. Sec. 1509, Ch. 56, L. 2009.
MT Code § 39-30-207 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 30. Persons With Disabilities Public Employment Preference|Part 2. Operative Provisions|39-30-207. Enforcement of preference

  39-30-207. Enforcement of preference. (1) An applicant who believes that the applicant has not been accorded the applicant's rights under this chapter may, within 30 days of receipt of the notice of the hiring decision provided for in 39-30-206, submit to the public employer a written request for an explanation of the public employer's hiring decision. Within 15 days of receipt of the request, the public employer shall give the applicant a written explanation.   (2) The applicant may, within 90 days after receipt of notice of the hiring decision, file a petition in the district court in the county in which the applicant's application was received by the public employer. The petition must state facts that on their face entitle the applicant to an employment preference.   (3) (a) Upon filing of the petition, the court shall order the public employer to appear in court at a specified time not less than 10 or more than 30 days after the day the petition was filed and show cause why the applicant was not hired for the position. At the hearing, the public employer has the burden of proving by a preponderance of the evidence that the employer made a reasonable determination pursuant to 39-30-103(7), and the applicant has the burden of proving by a preponderance of the evidence that the applicant is a preference-eligible applicant.   (b) The time to appear provided in subsection (3)(a) may be waived by stipulation of the parties. If a time to appear has been specified pursuant to subsection (3)(a), the court may, on motion of one of the parties or on stipulation of all of the parties, grant a continuance.   (c) If the public employer does not carry its burden of proof under subsection (3)(a) and the court finds that the applicant is a preference-eligible applicant, the court shall order the public employer to reopen the selection process for the position involved and shall grant the applicant reasonable attorney fees and court costs. The remedy provided by this section is the only remedy for a violation of this chapter, and a court may not grant any other relief in an action for violation of this chapter.   (4) Failure of an applicant to file a petition under subsection (2) within 90 days bars the filing of a petition. If a public employer fails to provide an explanation under subsection (1) within 15 days and a petition is filed under subsection (2), the court shall order the public employer to reopen the selection process.   (5) The Montana Rules of Civil Procedure apply to a proceeding under this section to the extent that they do not conflict with this section.   History: En. Sec. 8(4), Ch. 1, Sp. L. 1983; amd. Sec. 14, Ch. 646, L. 1989; amd. Sec. 1510, Ch. 56, L. 2009.
MT Code § 39-31-101 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-101. Policy

  39-31-101. Policy. In order to promote public business by removing certain recognized sources of strife and unrest, it is the policy of the state of Montana to encourage the practice and procedure of collective bargaining to arrive at friendly adjustment of all disputes between public employers and their employees.   History: En. Sec. 1, Ch. 441, L. 1973; R.C.M. 1947, 59-1601.
MT Code § 39-31-102 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-102. Chapter not limit on legislative authority

  39-31-102. Chapter not limit on legislative authority. This chapter does not limit the authority of the legislature, any political subdivision, or the governing body relative to appropriations for salary and wages, hours, fringe benefits, and other conditions of employment.   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(5).
MT Code § 39-31-104 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-104. Rules

  39-31-104. Rules. The board shall adopt, amend, or rescind such rules it considers necessary and administratively feasible to carry out the provisions of this chapter.   History: En. Sec. 13, Ch. 441, L. 1973; R.C.M. 1947, 59-1613(4).
MT Code § 39-31-105 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-105. Administrative procedure act applicable -- conduct of hearing

  39-31-105. Administrative procedure act applicable -- conduct of hearing. All hearings and appeals must be in accordance with the appropriate provisions of the Montana Administrative Procedure Act. Hearings and appeals may be conducted by telephone or by videoconference, with the consent of the necessary parties.   History: En. Sec. 17, Ch. 441, L. 1973; R.C.M. 1947, 59-1616; amd. Sec. 9, Ch. 90, L. 1995.
MT Code § 39-31-106 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-106. Board authorized to subpoena witnesses and administer oaths

  39-31-106. Board authorized to subpoena witnesses and administer oaths. (1) To accomplish the objectives and to carry out the duties prescribed by this chapter, the board may subpoena witnesses and may administer oaths and affirmations.   (2) In cases of neglect or refusal to obey a subpoena issued to any person, the district court of the county in which the investigations or the public hearings are taking place or the district court of the first judicial district of this state, upon application by the board, may issue an order requiring such person to appear before the board or agent to produce evidence or give testimony about the matter under investigation. Failure to obey such order may be punished by the court as contempt.   History: En. Sec. 13, Ch. 441, L. 1973; R.C.M. 1947, 59-1613(1), (2).
MT Code § 39-31-107 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-107. Service of subpoenas, notices of hearing, and other process

  39-31-107. Service of subpoenas, notices of hearing, and other process. Any subpoena, notice of hearing, or other process or notice of the board issued under the provisions of this chapter may be served by depositing it in the U.S. mail, postage prepaid.   History: En. Sec. 13, Ch. 441, L. 1973; R.C.M. 1947, 59-1613(3); amd. Sec. 1, Ch. 10, L. 2011.
MT Code § 39-31-108 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-108. Counsel for public parties to litigation

  39-31-108. Counsel for public parties to litigation. In any action brought under the provisions of this chapter in the courts of this state, the public employer shall be represented by the attorney general or attorney of subdivision and the board shall be represented by counsel hired to represent the board for purposes of that proceeding.   History: En. Sec. 11, Ch. 441, L. 1973; R.C.M. 1947, 59-1611.
MT Code § 39-31-109 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 31. Collective Bargaining for Public Employees|Part 1. General Provisions|39-31-109. Existing collective bargaining agreements not affected

  39-31-109. Existing collective bargaining agreements not affected. Nothing in this chapter shall be construed to remove recognition of established collective bargaining agreements already recognized or in existence prior to July 1, 1973.   History: En. Sec. 16, Ch. 441, L. 1973; R.C.M. 1947, 59-1615.
MT Code § 39-31-201 (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|39-31-201. Public employees protected in right of self-organization

  39-31-201. Public employees protected in right of self-organization. Public employees shall have and shall be protected in the exercise of the right of self-organization, to form, join, or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours, fringe benefits, and other conditions of employment, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or coercion.   History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(1).
MT Code § 39-31-202 (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|39-31-202. Board to determine appropriate bargaining unit -- factors to be considered

  39-31-202. Board to determine appropriate bargaining unit -- factors to be considered. (1) In order to ensure employees the fullest freedom in exercising the rights guaranteed by this chapter, the board or an agent of the board shall decide the unit appropriate for the purpose of collective bargaining and shall consider such factors as community of interest, wages, hours, fringe benefits, and other working conditions of the employees involved, the history of collective bargaining, common supervision, common personnel policies, extent of integration of work functions and interchange among employees affected, and the desires of the employees.   (2) If a state agency or facility of a state agency is reorganized to the extent that the reorganization results in substantial changes to the factors listed in subsection (1), the public employer representative, as provided in 39-31-301, may petition the board to make a new determination of the appropriate unit for the purpose of collective bargaining. In making this determination, the board shall take into account the consequences of the reorganization on each position in the affected agency or facility.   (3) Unless the board has received a petition, as provided in 39-31-207, to consider a collective bargaining unit that was not designated as an appropriate unit prior to the reorganization described in subsection (2), the board may not consider any labor organization that was not designated to represent employees of the affected agency or facility at the time that the reorganization became effective.   History: En. Sec. 6, Ch. 441, L. 1973; amd. Sec. 1, Ch. 136, L. 1975; R.C.M. 1947, 59-1606(2); amd. Sec. 1, Ch. 176, L. 1999.
MT Code § 39-31-203 (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|39-31-203. Deduction of dues from employee's pay

  39-31-203. Deduction of dues from employee's pay. Upon written authorization of any public employee within a bargaining unit, the public employer shall deduct from the pay of the public employee the monthly amount of dues as certified by the secretary of the exclusive representative and shall deliver the dues to the treasurer of the exclusive representative.   History: En. Sec. 12, Ch. 441, L. 1973; R.C.M. 1947, 59-1612.
MT Code § 39-31-204 (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|39-31-204. Repealed

  39-31-204. Repealed. Sec. 2, Ch. 233, L. 2021.  History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(5); amd. Sec. 1, Ch. 237, L. 1985; amd. Sec. 1511, Ch. 56, L. 2009.
MT Code § 39-31-205 (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|39-31-205. Designated labor organizations to represent employees without discrimination

  39-31-205. Designated labor organizations to represent employees without discrimination. Labor organizations designated in accordance with the provisions of this chapter are responsible for representing the interest of all employees in the exclusive bargaining unit without discrimination for the purposes of collective bargaining with respect to rates of pay, hours, fringe benefits, and other conditions of employment.   History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(3).
MT Code § 39-31-206 (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|39-31-206. Labor organization to guarantee certain rights and safeguards prior to certification or recognition

  39-31-206. Labor organization to guarantee certain rights and safeguards prior to certification or recognition. (1) Certification or recognition as an exclusive representative shall be extended or continued, as the case may be, only to a labor or employee organization the written bylaws of which provide for and guarantee the following rights and safeguards and whose practices conform to such rights and safeguards as:   (a) provisions are made for democratic organization and procedures;   (b) elections are conducted pursuant to adequate standards and safeguards;   (c) controls are provided for the regulation of officers and agents having fiduciary responsibility to the organization; and   (d) requirements exist for maintenance of sound accounting and fiscal controls, including annual audits.   (2) The board shall hear and decide all disputes arising under subsection (1).   History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(4); amd. Sec. 1, Ch. 18, L. 1985.
MT Code § 39-31-207 (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|39-31-207. Petition on representation question -- investigation by board -- hearing

  39-31-207. Petition on representation question -- investigation by board -- hearing. (1) The board or an agent of the board shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, it shall provide for an appropriate hearing upon due notice whenever, in accordance with such rules as may be prescribed by the board, a petition has been filed:   (a) by an employee or group of employees or any labor organization acting in their behalf alleging that 30% of the employees:   (i) wish to be represented for collective bargaining by a labor organization as exclusive representative; or   (ii) assert that the labor organization which has been certified or is currently being recognized by the public employer as bargaining representative is no longer the representative of the majority of employees in the unit; or   (b) by the public employer alleging that one or more labor organizations have presented to it a claim to be recognized as the exclusive representative in an appropriate unit.   (2) In this hearing, the board is not bound by common law and statutory rules of evidence.   History: En. Sec. 6, Ch. 441, L. 1973; amd. Sec. 1, Ch. 136, L. 1975; R.C.M. 1947, 59-1606(part).