reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.695 - INTEREST MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) When a dispute
				over the negotiation of a collective bargaining agreement exists between the
				public employer and a labor organization after a reasonable period of
				negotiation or upon expiration of the collective bargaining agreement, either
				or both of the parties shall file a written petition with the board for
				interest mediation. The original of the petition shall be signed by the
				petitioner or the authorized representative. The petitioner shall serve a copy
				of the petition simultaneously upon any party named in the petition. The
				petition shall contain:
(a) the name,
				address, and telephone number of the petitioner or authorized representative;
(b) the name, address, and
				telephone number of the public employer;
(c) a description of the unit involved;
(d) the name, address, and
				telephone number of the recognized or certified labor organization and
				authorized representative thereof;
(e) a description of the dispute in detail;
(f) a statement as to what
				assistance is requested; and
(g) a
				statement indicating if the request is unilateral or joint.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.695A - GRIEVANCE MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) When a dispute
				exists between a public employer and a labor organization over the meaning,
				interpretation or application of an existing collective bargaining agreement,
				the parties may request grievance mediation. The board, in its discretion, may
				designate a qualified labor mediator to mediate the dispute under the following
				conditions:
(a) the parties mutually agree to
				the request;
(b) the parties
				mutually agree to the conditions set by the board; and
(c) the parties mutually agree to waive the
				applicable time limitations in the collective bargaining agreement's grievance
				procedure.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.696 - MEDIATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-307,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.697 - FACT FINDER

Current through Register Vol. 13, July 5, 2024
(1) Either party to
				a dispute may petition the board to initiate factfinding or, if it is apparent
				that matters in disagreement might be more readily settled if facts involved
				were determined and publicly known, the board may initiate factfinding in
				accordance with
				39-31-308,
				MCA.
(2) Within three days of
				receipt of a petition for factfinding, the board shall submit a list of five
				qualified, disinterested persons to each of the parties to the
				dispute.
(3) Within five days of
				receipt of the list, the parties shall select a fact finder by having the
				petitioner strike two names and then the other party strike two names. The
				remaining name is that of the fact finder.
(4) The parties shall immediately notify the
				board of the name of the fact finder. The board shall notify the fact finder
				along with a request to immediately establish dates and places of
				hearings.
(5) Within 20 days from
				the date of hearing, the fact finder shall make written findings of fact and
				recommendations for resolution of the dispute. The findings shall be served on
				both parties and a copy sent to the board.
(6) The fact finder may request the board to
				make the report public five days after the parties are served with the
				findings.
(7) Fifteen days after
				the parties are served the board shall provide that the report is open to
				public inspection.
(8) When a party
				petitions the board to initiate factfinding, the cost of factfinding must be
				equally borne by the parties. The fact finder shall, within ten working days of
				the written findings, send a copy of the invoice to both parties on which they
				will be billed for one-half of the total. The parties shall pay directly to the
				fact finder within five days.
(9)
				When the board initiates factfinding, the cost of factfinding proceedings must
				be equally borne by the board and the parties concerned. The fact finder shall,
				within ten working days of the written findings, submit an invoice of the costs
				and fees to the board which shall send copies of the invoice to both parties on
				which they will be billed for one-third of the total. The parties shall pay the
				board within five days and the board shall forward the total amount to the fact
				finder.
39-31-104, MCA;
					 IMP,
					 39-31-309,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.698 - ARBITRATION

Current through Register Vol. 13, July 5, 2024
(1) The parties may, at any period in the
				negotiations, agree to submit the issues to binding arbitration in accordance
				with section
				39-31-310,
				MCA.
(2) Both parties shall jointly
				notify the board in writing of this decision and of the identity of the
				arbitrator.
(3) The parties may
				petition the board to assist in the selection of the arbitrator by requesting
				that the board submit to them a panel of qualified arbitrators.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-310,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.698A - PANEL OF ARBITRATORS AND FACT FINDERS

Current through Register Vol. 13, July 5, 2024
(1) The board shall maintain a panel of
				qualified labor arbitrators and fact finders for referral, upon request, to the
				parties to a labor dispute. Panel members are expected to conform to the
				ethical standards and procedures set forth in the code of professional
				responsibility for arbitrators of labor disputes as approved by the national
				academy of arbitrators. The board has established procedures to compile lists
				and appoint arbitrators or fact finders from such lists and considers such
				facts as background, experience, availability, acceptability, geographical
				location and the expressed preferences of the parties.
(2) Persons seeking to be listed on the panel
				must complete and submit an application form. The form may be obtained from the
				board offices, 1805 Prospect Avenue, Helena, or by writing to the board, P.O.
				Box 1728, Helena, MT 59624-1728. Upon receipt of an executed form, the board
				will review the application, assure that it is complete, and make any necessary
				inquiries. The board will review the completed application in light of the
				criteria set forth below and will decide whether an applicant should be listed
				on the panel. Each applicant will be notified in writing of the board's
				decision.
(3) Applicants will be
				accepted on the panel if they:
(a)
(i) are experienced in decision-making roles
				in the resolution of labor-management disputes; or
(ii) have extensive experience in relevant
				positions in collective bargaining; and
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.701 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.702 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.705 - RIGHT TO APPEAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.706 - NOTICE OF REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.707 - REVIEW PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.710 - DECISION OF THE BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
24-201, MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.711 - BOARD'S RECONSIDERATION OF ITS DECISIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.7 - Wage and Hour Reviews › Rule 24.26.712 - CHALLENGES TO AND DISQUALIFICATIONS OF BOARD MEMBERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 39-3-217,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1001 - FILING OF LABOR ORGANIZATION'S BYLAWS

Current through Register Vol. 13, July 5, 2024
(1) Any employee organization seeking
				certification from the board as exclusive representative of a group of
				employees must first file with the board a copy of the labor organization's
				written bylaws. If revisions or changes are made, the bylaws must be
				refiled.
(2) The bylaws must
				provide for and guarantee that:
(a)
				provisions are made for democratic organization and procedures;
(b) elections are held pursuant to adequate
				standards and safeguards;
(c)
				controls are provided for the regulation of officers and agents having
				fiduciary responsibility; and
(d)
				sound accounting, fiscal control, and annual audit requirements
				exist.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1002 - REQUIREMENTS FOR PROOF OF INTEREST AUTHORIZATION DOCUMENTS - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) An authorization card is proof of
				interest that must be submitted in support of a petition for certification. The
				card must contain the following:
(a) the
				employee's name, typed or legibly printed;
(b) the employee's signature;
(c) the date of the employee's signature,
				dated within six months of the date of the filing of the petition;
(d) a statement that the employee designates
				the named labor organization as the employee's exclusive representative for
				purposes of collective bargaining with the employee's employer; and
(e) if the card is submitted as proof of
				interest in support of a new unit determination petition for certification
				without an election, the card must also include a statement that the employee
				understands that the employee's signature may be used to obtain certification
				of the named labor organization as the exclusive bargaining representative
				without an election.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1004 - COMPOSITION OF UNIT

Current through Register Vol. 13, July 5, 2024
(1) The board may
				consider a bargaining unit that consists of all the employees in any
				department, division, bureau, section, or combination thereof.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-202,
					 39-32-102,
					 39-32-106,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1005 - APPROPRIATE UNIT WITH THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) The
				board shall determine whether a bargaining unit is appropriate by determining
				whether the employees share a community of interest. A community of interest is
				determined by considering the following factors:
(a) wages;
(b) hours ;
(c) fringe benefits and other working
				conditions;
(d) the history of
				collective bargaining;
(e) common
				supervision;
(f) common personnel
				policies;
(g) extent of integration
				of work functions and interchange among employees affected; and
(h) desires of the employees.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1006 - PETITIONS FILED WITH THE BOARD - AMENDMENTS - WITHDRAWAL

Current through Register Vol. 13, July 5, 2024
(1) All petitions filed with the board
				pursuant to this subchapter must comply with the following:
(a) The petition shall meet the formatting
				requirements of ARM 24.26.242.
(b)
				The petition must contain the name, address, and phone number of the petitioner
				or an authorized representative.
(c) The petition must identify the name,
				address, and phone number for the relevant public employer and any exclusive
				representative and/or labor organization involved in the proceedings.
(d) The petition must be signed by
				the petitioner or an authorized representative.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1008 - HEARING ON REPRESENTATION MATTERS

Current through Register Vol. 13, July 5, 2024
(1) The
				board agent may refer matters to a hearing officer for consideration under this
				subchapter.
(2) The hearing officer
				shall conduct an informal hearing for matters under this subchapter.
(a) The hearing officer shall consider
				evidence submitted by the parties and take testimony from witnesses.
(b) The hearing officer is not bound by
				common law or statutory rules of evidence.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1012 - UNIT DETERMINATION PETITIONS

Current through Register Vol. 13, July 5, 2024
(1) A
				labor organization or a group of employees may file a unit determination
				petition (UD petition) with the board alleging there is a question concerning
				representation and seeking an election to determine whether employees wish to
				be represented by the petitioner.
(2) The UD petition shall contain:
(a) a description of the unit to be
				determined specifying inclusions and exclusions;
(b) a statement as to whether there is any
				known disagreement between the employer and the petitioner as to the nature and
				scope of the proposed unit and the reasons for the disagreement;
(c) the names of all labor organizations
				known to the petitioner who claim to represent employees in the proposed
				unit;
(d) the expiration dates and
				brief description of any contracts covering any employees in the proposed unit;
(e) the approximate number of
				employees in the proposed unit; and
(f) any other relevant facts.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1014 - NOTICE OF UNIT DETERMINATION PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of the petition, the
				employer shall post the notice of unit determination in a conspicuous manner
				for a period of 20 days.
(2) If
				employees do not work in a central location, the employer shall disseminate the
				notice to all affected employees, consistent with typical business practices
				for disseminating information.
(3)
				The employer shall confirm in writing to the board that it has received,
				posted, and or disseminated the notice, and the employer shall continue posting
				the notice for the required 20 days.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-207,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1016 - EMPLOYER COUNTER PETITION

Current through Register Vol. 13, July 5, 2024
(1) The
				employer may file an employer counter petition (EC petition) with the board
				within seven days of the board's service of the petition for a new unit
				determination on the employer if the employer disagrees with the
				appropriateness of the proposed unit as described in the petition.
(2) The EC petition shall contain:
(a) the employer's disagreement with the
				petitioner's proposed appropriate unit;
(b) a detailed description of the employer's
				proposed appropriate unit;
(c) the
				number of employees in the employer's proposed unit;
(d) the expiration dates and brief
				description of any contracts covering any employees in the employer's proposed
				unit;
(e) an excelsior list for the
				employees in the proposed counter-unit; and
(f) any other relevant facts.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1018 - PETITION TO INTERVENE IN UNIT DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) Any labor organization, employee, or
				group of employees may file a petition to intervene within seven days of the
				first day of posting of the notice of unit determination proceedings.
(2) The petition shall be
				accompanied by proof of interest, consisting of authorization cards, or copies
				thereof, from at least ten percent of the employees in the unit. The cards
				shall indicate the signatories' choice of exclusive representative.
(3) The petition to intervene shall conform
				in all other respects to the requirements for a UD petition.
(4) The board agent shall review the petition
				and the authorization cards for compliance with these rules and serve a copy of
				the petition to intervene upon all other parties.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-207,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1020 - UNIT DETERMINATION PETITION INVESTIGATION AND HEARING

Current through Register Vol. 13, July 5, 2024
(1) The board agent shall serve a copy of the
				UD petition on the public employer, and the board agent shall include with the
				UD petition the notice of unit determination. The notice shall be posted
				pursuant to ARM 24.26.1014.
(2)
				The board agent shall investigate all questions and facts concerning the
				proposed unit, and shall have the following options:
(a) to direct a unit determination hearing
				after the time for intervening has passed; or (b) to dispense with a unit
				determination hearing under the following conditions:
(i) the employer has not filed a counter
				petition ;
(ii) no intervenors
				contest the petitioner's proposed unit; or
(iii) the parties have entered into a consent
				election agreement pursuant to ARM 24.26.1072.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1022 - NURSE UNIT AT HEALTH CARE FACILITY - PROFESSIONAL EMPLOYEE SPECIAL ELECTION

Current through Register Vol. 13, July 5, 2024
(1) This rule applies to UD petitions for a
				health care facility that include professional nursing staff in the proposed
				unit, as defined in
				39-32-106,
				MCA.
(2) If a hearing officer
				issues an order pursuant to ARM 24.26.1008, and the approved unit includes both
				professional nursing employees, as defined in
				39-32-102,
				MCA, and nonprofessional employees, the board agent shall conduct a special
				election among professional employees to determine whether they wish to be
				included in the proposed unit.
(a) The board
				agent shall conduct the election by secret ballot in a prompt and efficient
				manner. Notice of the special election shall be posted by the employer no less
				than five days prior to the special election.
(b) If a majority of the professional
				employees in the proposed unit do not desire to be included in the proposed
				unit, the professional employees shall be excluded from the unit. If a majority
				of the professional employees in the proposed unit desire to be included in the
				unit, the professional employees shall be included in the unit. (c) The board
				agent shall issue a written certification of the results of the special
				election and serve it on the parties.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1024 - EMPLOYER RECOGNITION PETITION

Current through Register Vol. 13, July 5, 2024
(1) An
				employer may file an employer recognition petition (ER petition) with the board
				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) ER petitions may be filed under the
				following circumstances:
(a) during the period
				not more than 90 days, and not less than 60 days prior to the termination date
				of the existing CBA;
(b) during
				January of the year the existing CBA terminates if the bargaining unit is
				comprised of employees of school districts, units of the university system, or
				a community college;
(c) after the
				termination date of the existing CBA; or
(d) when the proposed exclusive
				representative gives notice to the employer that it desires to begin
				negotiations of a CBA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1028 - DECERTIFICATION PETITION

Current through Register Vol. 13, July 5, 2024
(1) An employee, a
				group of employees, or a labor organization may file a decertification petition
				(DC petition), provided that 12 months have elapsed since the last election.
(2) DC petitions may be filed
				under the following circumstances:
(a) during
				the period not more than 90 days, and not less than 60 days prior to the
				termination date of the existing CBA; or
(b) during January of the year the existing
				CBA terminates, if the bargaining unit is comprised of employees of school
				districts, units of the university system, or a community college; or
(c) after the termination date of
				the existing CBA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1030 - ANSWER TO DECERTIFICATION PETITION

Current through Register Vol. 13, July 5, 2024
(1)
				Each party may file an answer to the DC petition with the board within 14 days
				of the board's service of the DC petition on the parties.
(2) The composition of the unit is not a
				proper matter to be considered in a decertification proceeding. Eligible voters
				for any decertification election shall be those who are members of the
				bargaining unit at the time of the filing of the DC petition.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-207,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1032 - NOTICE OF DECERTIFICATION PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of the petition, the
				employer shall post the notice of decertification proceedings in a conspicuous
				manner for a period of 20 days.
(2) If employees do not work in a central
				location, the employer shall disseminate the notice to all affected employees,
				consistent with typical business practices for disseminating
				information.
(3) The employer shall
				confirm in writing to the board that it has received, posted, and shall
				continue posting of the notice for the required 20 days.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-207,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1034 - PETITION TO INTERVENE IN DECERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Any labor organization, employee, or
				group of employees may file a petition to intervene within ten days of the
				first day of posting of the notice of decertification proceedings.
(2) The petition shall be accompanied by
				proof of interest, consisting of authorization cards, or copies thereof, from
				at least ten percent of the employees in the unit. The cards shall indicate
				that the signatories do not desire to be represented for collective bargaining
				purposes by the current board-certified or employer-recognized exclusive
				representative, and the cards shall identify the signatories' choice of a new
				exclusive representative.
(3) The
				petition to intervene shall conform in all other respects to the requirements
				for a UD petition.
(4) The board
				agent shall review the petition and the authorization cards for compliance with
				these rules and serve a copy of the petition to intervene upon all other
				parties.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-207,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1036 - DECERTIFICATION PETITION INVESTIGATION AND HEARING

Current through Register Vol. 13, July 5, 2024
(1) The board shall serve a copy of the DC
				petition upon the labor organization(s) concerned and the public employer, and
				the board agent shall include the notice of unit decertification with the
				petition. The notice shall be posted pursuant to ARM 24.26.1032.
(2) The board agent shall investigate all
				questions and facts concerning the DC petition and shall have the following
				options:
(a) to direct a hearing after the
				time for intervening has passed;
(b) to dispense with a hearing and schedule
				the election and a pre-election conference; or
(c) dismiss the DC petition if it does not
				meet the requirements as outlined in ARM 24.26.1028.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1038 - DISAFFIRMANCE OF REPRESENTATION BY BARGAINING REPRESENTATIVE DURING DECERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) An
				exclusive representative may file an affidavit of disaffirmance of
				representation with the board agent under the following circumstances:
(a) a minimum of 12 months has passed since
				the date of certification by the board or recognition by the employer of the
				exclusive representative; and
(b)
				a DC petition has been filed by an employee or group of employees.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1042 - PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT

Current through Register Vol. 13, July 5, 2024
(1) The public employer or exclusive
				representative of the bargaining unit in question may file a unit clarification
				petition (UC petition) under the following circumstances:
(a) there is no question concerning
				representation; and
(b) the parties
				to the CBA are neither engaged in negotiations nor within 120 days of the
				expiration date of the CBA, unless the parties mutually agree to permit the
				petition; and
(c) a UC petition has
				not been filed with the board concerning substantially the same unit within the
				past 12 months immediately preceding the filing of the UC petition; and
(d) no election has been held in
				substantially the same unit within the past 12 months immediately preceding the
				filing of the UC petition.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1044 - BOARD AGENT REVIEW OF UNIT CLARIFICATION PETITION

Current through Register Vol. 13, July 5, 2024
(1) A board agent will review the UC petition
				to ensure it is timely filed under ARM 24.26.1042. If it is not, the board
				agent will issue a written determination dismissing the petition.
(a) If either party disputes the
				determination, the party may submit additional information to the board agent
				within 14 days of service of the board agent's determination, and the board
				agent shall issue a redetermination.
(b) If either party objects to the
				redetermination, they may file written exceptions with the board agent within
				14 days of service of the board agent's redetermination. The board agent shall
				then refer the matter to a hearing officer pursuant to ARM 24.26.1008.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1046 - BOARD INVESTIGATION OF UNIT CLARIFICATION PETITION, AGREEMENT, MEDIATION, APPEAL

Current through Register Vol. 13, July 5, 2024
(1) If the board
				agent serves the petition on the parties, the board agent shall investigate the
				UC petition. If no question of fact exists and the parties agree with the
				modification of the existing unit, the board agent shall issue an order
				consistent with the agreement of the parties. The order shall be signed by the
				board agent and all parties.
(2)
				If the board agent determines that a question of fact exists, the parties shall
				mediate the dispute before an agency mediator. Mediation will be concluded
				within 45 days of assignment unless the parties mutually agree to an
				extension.
(3) If the parties are
				unable to mediate the dispute, the board agent shall transfer the matter to the
				hearing officer pursuant to ARM 24.26.1008.
(a) If a party disputes the recommended order
				of the hearing officer, the party may file exceptions pursuant to ARM 24.26.254
				within 14 days of service of the hearing officer's recommended order.
(b) Orders of the board that
				determine the appropriate unit under this rule are not subject to further
				appeal or challenge. History:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1048 - PETITION TO REVOKE CERTIFICATION OR RECOGNITION

Current through Register Vol. 13, July 5, 2024
(1) The employer or the exclusive
				representative of a bargaining unit may file a petition to revoke board
				certification or employer recognition of an exclusive representative (RC
				petition).
(2) The board agent
				assigned to review the RC petition will order revocation only upon an
				unequivocal showing that:
(a) no CBA is in
				effect; and
(b) the exclusive
				representative disclaims further interest in representing the bargaining unit.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1050 - PETITIONS TO AMEND CERTIFICATION OF EXCLUSIVE REPRESENTATIVE

Current through Register Vol. 13, July 5, 2024
(1) A labor organization may file a petition
				to amend the certification of an exclusive representative (AC petition) when
				there is no question of representation and one of the following circumstances
				exists:
(a) the name or affiliation of the
				exclusive representative has changed; or
(b) the name of the employer has changed.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1052 - MERGERS AND CONSOLIDATIONS

Current through Register Vol. 13, July 5, 2024
(1) When
				national, regional, or state-wide labor organizations with local affiliates
				merge, combine or consolidate in accordance with their respective by-laws and
				constitutions, the merged, combined or consolidated labor organization shall
				have the same rights, duties and privileges under law as its predecessor
				organizations.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-206,
					 39-31-207,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1070 - ELECTION DIRECTED

Current through Register Vol. 13, July 5, 2024
(1) The board agent
				shall issue a written order directing an election to occur and scheduling a
				pre-election conference within five days of completion of the requirements of
				ARM 24.26.1020, 24.26.1022, or 24.26.1036.
(2) The pre-election conference shall occur
				no more than five days after the election is directed.
(3) The board agent shall coordinate with the
				parties to determine the date of the pre-election conference and the date of
				the election.
(4) The election
				shall be conducted under the direction and supervision of the board agent. The
				full board has discretion to review any determinations made by the board agent
				regarding the election.
(5)
				Elections shall be held by mail ballot unless a party submits a written request
				for an on-site election to the board agent. The board agent shall grant an
				on-site election only upon a clear and convincing showing that a mail ballot
				election is not feasible.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1072 - CONSENT ELECTION

Current through Register Vol. 13, July 5, 2024
(1) If there are no
				challenges to the unit composition or to the question of representation, the
				parties may waive the hearing and enter into a consent election agreement after
				the time to intervene has passed.
(2) The board agent shall draft the consent
				agreement that includes a description of the unit and the time and place for
				the election.
(3) The agreement
				must be signed by all parties. The bargaining unit set out in the consent
				agreement shall be deemed an appropriate bargaining unit once it is signed by
				the parties.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-209,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1074 - ELIGIBLE VOTERS

Current through Register Vol. 13, July 5, 2024
(1) The employees
				eligible to vote shall be those within the unit on the date of the filing of
				the UD petition or the DC petition with the board, excluding those employees
				who voluntarily terminated their employment after the filing date.
(2) The excelsior list shall be used to
				determine the unit members employed on the date of filing of the
				petition.
(3) Any challenges to
				eligible voters shall be raised at the pre-election conference.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1076 - PRE-ELECTION CONFERENCE

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				distributing the notice of election, the board agent shall hold a pre-election
				conference with all parties. The pre-election conference may be held
				telephonically, by videoconference, by e-mail, or in person.
(2) The parties shall submit any challenges
				to voters in writing to the board agent before or during the pre-election
				conference.
(3) The board agent
				shall certify the list of eligible voters, specifically designating any voters
				who will be challenged.
(4) The
				parties shall determine the order of labor organization names to appear on the
				ballot pursuant to ARM 24.26.1080. If the parties cannot agree on the order of
				names, the board agent shall determine the order.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1078 - NOTICE OF ELECTION

Current through Register Vol. 13, July 5, 2024
(1) Within five
				days after an election is directed, but not before the pre-election conference,
				the board agent shall distribute a notice of election to the parties. This
				notice of election will specify:
(a) whether
				the election will be by mail or held on-site;
(i) for an on-site election, the notice shall
				specify the location and date of the election; or
(ii) for a mail-ballot election, the notice
				shall specify the date ballots will be mailed, the location for returning
				ballots, the deadline for returning ballots, and the date ballots shall be
				counted which is the date of the election;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1080 - BALLOTS

Current through Register Vol. 13, July 5, 2024
(1) All elections shall be by secret ballot.
(2) The order of labor
				organization names to appear on the ballot shall be determined during the
				pre-election conference.
(a) The current
				exclusive representative shall always be on the ballot unless otherwise agreed
				or a proper affidavit of disaffirmance has been filed pursuant to ARM
				24.26.1038.
(b) "No Representation"
				will always be listed as the last choice on the ballot.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1082 - MAIL BALLOT ELECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Ballots may be
				mailed the same time as the notice of election.
(2) Ballots shall include a security envelope
				and instructions for completing the ballot.
(3) Ballots may be returned by mail or by
				hand delivery to a location determined by the board agent and included in the
				notice of election.
(4) Ballots
				shall be counted not less than ten or more than 20 days after they are mailed.
				For a mail-ballot election, the date ballots are counted is the date of the
				election.
(5) Ballots shall be
				counted at a date, time, and location determined by the board agent. Ballots
				must be received by the board agent by that date and time to be
				counted.
(6) All parties are
				entitled to have observers present for the ballot count. Failure or refusal of
				one party to send an observer to the ballot count does not infringe on the
				right of another party to send an observer to that place.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1084 - ON-SITE ELECTIONS - POLL WATCHERS AND POLLING AREA ELECTIONEERING

Current through Register Vol. 13, July 5, 2024
(1) Prior to the commencement of an on-site
				election, the board agent shall designate the polling area, and no
				electioneering of any kind shall be permitted within this area. Any violation
				of this rule by any party or its representative or agent may be grounds for
				setting aside the election.
(2)
				Each party to the election is entitled to be represented by an equal number of
				observers at each polling place.
(3) The failure or refusal of one party to
				send an observer to a polling place does not infringe on the right of another
				party to send an observer to that place.
(4) Observers shall be employees eligible to
				vote, or in the case of employer's observers, shall be any appropriate persons
				who are not on the list of eligible voters. Each party may observe the ballot
				counting. History:
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1086 - CHALLENGES TO BALLOTS

Current through Register Vol. 13, July 5, 2024
(1) All employees
				whose names appear on the list certified by the board agent at the pre-election
				conference shall be eligible to vote.
(2) Either party may challenge a prospective
				voter for cause.
(a) For a mail ballot
				election, a ballot will be mailed to all certified and challenged
				voters.
(b) For an on-site
				election, any employee who wishes to vote, but whose name is not on the
				certified list, will be permitted to vote, but will be challenged by the board
				agent.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1088 - RUNOFF

Current through Register Vol. 13, July 5, 2024
(1) The board shall conduct a runoff election
				when an election in which the ballot provides for not less than three choices
				(i.e., at least two representatives and no representative) results in no choice
				receiving a majority of the valid ballots cast.
(2) The ballot in the runoff election shall
				provide for a selection between the two choices receiving the largest and
				second largest number of votes in the previous election.
(3) Those eligible to vote in the original
				election shall be eligible to vote in the runoff election.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1090 - BALLOT TALLY AND EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The majority
				of the valid votes cast shall determine the election. In the case of a tie
				vote, no certification shall be issued.
(2) The board agent shall notify the parties
				of the ballot tally on the day the ballots are counted by e-mail or by other
				means reasonably calculated to confer the information on the parties. However,
				in either on-site or mail-ballot elections, the burden is on the parties to
				confirm the election tally with the board agent assigned to the
				election.
(3) The parties to the
				election may file exceptions with the board relating to the conduct of the
				election or conduct affecting the results of the election, including challenged
				ballots, within five days of the tally of the ballots.
(4) Exceptions shall be in writing and shall
				contain a brief statement of the facts upon which the exceptions are based.
				Exceptions shall be served upon all parties to the election.
(5) The board agent shall review the
				exceptions and refer the matter to a hearing officer pursuant to ARM
				24.26.1008.
(6) An order of the
				hearing officer issued under this part shall be appealable to the board
				pursuant to ARM 24.26.254.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.10 - Petitions and Elections › Rule 24.26.1092 - CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) If an election occurred and no exceptions
				are filed within the time set forth above, or if the challenged ballots are
				insufficient in number to affect the result of the election, the board shall
				serve the parties a certification of exclusive representative, where
				appropriate.
(2) In order to be
				certified by the board as the exclusive representative for any bargaining unit
				that existed before July 1, 1973, and is presently in existence, the labor
				organization must submit a copy of the existing CBA as support of its
				claim.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-208,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.12 - Unfair Labor Practices › Rule 24.26.1201 - ULP COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) A ULP may be
				filed by an employee, a group of employees, a labor organization, or a public
				employer.
(2) Any ULP must be filed
				with the board within six months of the alleged unfair labor practice, unless
				the complainant is a member of the armed forces who was prevented from filing
				the charge because of serving in the armed forces as described in
				39-31-404,
				MCA, in which case the charge must be filed within six months from the day of
				the service member's discharge.
(3)
				A ULP shall be in writing.
(4) The
				ULP shall be by the complainant or the exclusive representative, and the
				complaint shall contain the following:
(a)
				the name, address, and telephone number of the complainant;
(b) the name, address, and telephone number
				of the party against whom the charge is made;
(c) a clear and concise statement of facts
				constituting the alleged violation, including the time and place of occurrence
				of the particular acts; and
(d) a
				statement of the statute or rules alleged to have been violated.