reglab/statecodes huggingface dataset:
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 39. Labor › Chapter 33. General Limitations on Collective Bargaining Rights › Part 2. Employment of Strikebreakers › 39-33-205. Penalties

39-33-205. Penalties.
A person convicted of violating 39-33-201, 39-33-202, or 39-33-203 shall be punished by a fine of not less than $1,000 or more than $5,000 or by imprisonment for not less than 1 or more than 2 years. A person convicted of violating 39-33-204 shall be punished by a fine of not less than $100 or more than $500 or imprisonment for not more than 30 days.
History: En. 41-2505 by Sec. 5, Ch. 40, L. 1975; R.C.M. 1947, 41-2505.