reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.3 - Department of Transportation Grievances (REPEALED) › Rule 24.26.302 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-18-1001, MCA; IMP:
					 2-18-1002,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.3 - Department of Transportation Grievances (REPEALED) › Rule 24.26.303 - GRIEVANCE PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-18-1001, MCA; IMP:
					 2-18-1002,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.3 - Department of Transportation Grievances (REPEALED) › Rule 24.26.304 - FREEDOM FROM INTERFERENCE, RESTRAINT, COERCION, OR RETALIATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-18-1001, MCA; IMP:
					 2-18-1001(2),
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.4 - Department of Fish, Wildlife, and Parks Grievances (REPEALED) › Rule 24.26.401 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-205,
					 MCA; IMP:
					 87-1-205,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.4 - Department of Fish, Wildlife, and Parks Grievances (REPEALED) › Rule 24.26.402 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-205,
					 MCA; IMP:
					 87-1-205,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.4 - Department of Fish, Wildlife, and Parks Grievances (REPEALED) › Rule 24.26.403 - GRIEVANCE PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-205,
					 MCA; IMP:
					 87-1-205,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.4 - Department of Fish, Wildlife, and Parks Grievances (REPEALED) › Rule 24.26.404 - FREEDOM FROM INTERFERENCE, RESTRAINT, COERCION, OR RETALIATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-205,
					 MCA; IMP:
					 87-1-205,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.501 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these regulations is to
				provide all classified employees of the state of Montana an orderly and uniform
				method to file and process appeals arising from the operation of the broadband
				classification Title 2, chapter 18, MCA.
2-18-1011,
					 MCA; IMP,
					 2-18-1011,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.502 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Agency" means any department, board,
				commission, office, bureau, institution or unit of state government recognized
				in the state budget.
(2) "Appeal"
				means any complaint filed with the Board of Personnel Appeals relating to the
				operation of the broadband classification and pay plan, Title 2, chapter 18,
				MCA.
(3) "Board" means the Board of
				Personnel Appeals or its designated agent.
(4) "Department" means one of the 20
				principal departments within the executive branch, as provided by the
				constitution.
(5) "Department head"
				means a director, commission, board, commissioner, or constitutional officer in
				charge of a department.
(6)
				"Employee" means any person employed by the state of Montana, except persons
				exempt from policy under
				2-18-103
				and
				2-18-104,
				MCA.
(7) "Form" means the state
				employees classification appeal form.
(8) "Formal appeals procedure" means the
				appeals procedure provided for state employees in ARM
				24.26.508.
(9) "Inquiry" means the process of gathering
				and weighing evidence bearing on appeals. This process may include securing
				documents, holding individual interviews or group meetings, conducting a
				hearing, or any combination of the above.
(10) "State Human Resources Division" means
				the State Human Resources Division of the Department of
				Administration.
(11) "Working days"
				means all calendar days except Saturdays, Sunday, or legal holidays.
2-18-1011,
					 MCA; IMP,
					 2-18-1011,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.503 - INFORMAL RESOLUTION OF APPEALS

Current through Register Vol. 13, July 5, 2024
(1) The
				board encourages the State Human Resources Division and state employees to
				attempt to resolve appeals through an informal procedure as prescribed by the
				State Human Resources Division before initiating the formal appeals procedure.
				Every attempt should be made to resolve an appeal at the earliest possible
				stage of the appeals process, preferably between the employee and their
				immediate supervisor.
2-18-1011,
					 MCA; IMP,
					 2-18-1011,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.513 - CONSOLIDATED APPEALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-1011,
					 MCA; IMP,
					 2-18-1011,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.518 - FAILURE OF DEPARTMENT HEAD, DESIGNEE, OR STATE HUMAN RESOURCES DIVISION TO ACT WITHIN PRESCRIBED TIME LIMIT

Current through Register Vol. 13, July 5, 2024
(1) If
				the department head or designee, or the State Human Resources Division does not
				respond to an employee's appeal within the prescribed time limits in the
				appeals procedure, the employee may advance the appeal to the next step in the
				appeal procedure by forwarding the employee's original copy of the form and a
				new copy of the form to the next step within 15 days of the expiration of the
				time limit.
2-18-1011,
					 MCA; IMP,
					 2-18-1011,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.523 - FILING OF A NEW PETITION FOR HEARING AFTER FINAL ORDER ISSUED

Current through Register Vol. 13, July 5, 2024
(1) After a final order concerning a position
				has been issued by the board, a new hearing will be granted only upon a showing
				of some substantial change in that position or the job evaluation methodology
				which was not considered at the prior hearing and which would warrant a new
				hearing by the board or its designee.
(2) The employee shall include with his or
				her petition a signed affidavit stating the substantial change.
(3) The petition and the affidavit shall
				proceed through the appeals procedure as prescribed in ARM
				24.26.508 up to step three
				(b).
(4) The board or its designee
				shall then conduct a preliminary investigation to determine if the alleged
				substantial change warrants a new hearing.
(a) If it is determined that the alleged
				substantial change warrants a new hearing, the appeal procedure shall proceed
				as prescribed in ARM 24.26.508.
(b)
				If it is determined that the alleged substantial change does not warrant a new
				hearing, the petition shall be dismissed.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.530 - FREEDOM FROM INTERFERENCE, RESTRAINT, COERCION, OR RETALIATION

Current through Register Vol. 13, July 5, 2024
(1) If an employee's supervisor, or the
				agency for which the employee works, directly or indirectly interferes,
				restrains, coerces or retaliates against an employee because the employee has
				filed or attempted to file a grievance with the board, the employee shall be
				entitled to file a complaint with the board.
(2) The complaint shall be in writing and
				shall contain a clear and concise statement of facts constituting the alleged
				interference, restraint, coercion or retaliation.
(3) The board shall serve the complaint upon
				the employee's supervisor or the agency for which the employee works and the
				supervisor or agency shall have 10 days from the date of service of the
				complaint upon them to respond to the complaint.
(4) After ten days have elapsed from the date
				of service of the complaint, the board shall commence with step four (d) of the
				formal appeals procedure.
2-18-1011,
					 MCA; IMP,
					 2-18-1011,
					 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 24.26.601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) The board hereby adopts the definitions
				set forth in section
				39-31-103,
				MCA.
(2) The word "board" means the
				board of personnel appeals and in the proper context may also mean an agent
				appointed by the board to perform certain board functions.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-104,
					 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 24.26.602 - DURATION OF NEGOTIATED AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Agreements reached between a public employer and a labor organization shall be
				for a minimum of one-year.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-104,
					 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 24.26.603 - 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 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.604 - 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 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.610 - COMPOSITION OF UNIT

Current through Register Vol. 13, July 5, 2024
(1) A unit may
				consist of all of the employees of the employer or any department, division,
				bureau, section, or combination thereof if found to be appropriate by the
				board.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-202,
					 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 24.26.611 - APPROPRIATE UNIT

Current through Register Vol. 13, July 5, 2024
(1) In considering
				whether a bargaining unit is appropriate, the board shall consider such factors
				as:
(a) community of interest;
(b) wages;
(c) hours;
(d) fringe benefits and other working
				conditions;
(e) the history of
				collective bargaining;
(f) common
				supervision;
(g) common personnel
				policies;
(h) extent of integration
				of work functions and interchange among employees affected; and,
(i) desires of the employees.
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 24.26.612 - PETITIONS FOR NEW UNIT DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) A
				petition for new unit determination may be filed with the board by a labor
				organization or a group of employees.
(2) The original petition shall be signed by
				the petitioner(s) or their authorized representative.
(3) The petition shall be filed with the
				board.
(4) The 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 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.614 - EMPLOYER COUNTER PETITION

Current through Register Vol. 13, July 5, 2024
(1) The
				employer shall have ten days after the date the board mailed the petition in
				which to file a counter petition with the board.
(2) The employer shall file a counter
				petition when the employer disagrees with the appropriateness of the proposed
				unit as described in the petition.
(3) The petition shall contain:
(a) the specifics of the nature of 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; and
(e) any other relevant
				facts.
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 24.26.616 - NOTICE OF UNIT DETERMINATION PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) The board shall require the employer to
				post in a conspicuous manner a notice of unit determination proceedings. Such
				notice shall be provided by the board and shall remain posted for a period of
				20 days.
(2) 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.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-207,
					 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 24.26.617 - CONSENT ELECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The parties may
				waive a hearing and enter into a consent election agreement after the time to
				intervene has past. Such agreement shall be drafted by the board's election
				judge and must include a description of the unit and the time and place for the
				election. The bargaining unit set out in the consent agreement shall be deemed
				an appropriate bargaining unit when it is signed by the parties and approved by
				the election judge.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 39-31-209,
					 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 24.26.618 - PETITION TO INTERVENE

Current through Register Vol. 13, July 5, 2024
(1) Within ten days
				from the first day of posting of the notice of unit determination proceedings,
				any labor organization or group of employees may file a petition to
				intervene.
(2) The petition shall
				contain the name and address of petitioner.
(3) The petition shall be accompanied by
				proof of interest consisting of authorization cards, or copies thereof, from
				10% of the employees in the proposed unit, which have been signed and dated
				within 6 months of the date of the filing of the petition. The cards shall
				indicate that the signatories desired to be represented for collective
				bargaining purposes by the petitioner.
(4) The petition to intervene shall conform
				in all other respects to the requirements for a petition for new unit
				determination and election.
(5) The
				board shall serve a copy of the petition to intervene upon all other parties.
AUTH:
					 39-31-104, MCA
					 IMP:
					 39-31-207
					 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 24.26.620 - PROCEDURE FOLLOWING FILING OF PETITION FOR NEW UNIT DETERMINATION AND ELECTION

Current through Register Vol. 13, July 5, 2024
(1) If an election
				is required by ARM
				24.26.612,
				the board shall direct an investigation of 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.
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 24.26.622 - EMPLOYER PETITION

Current through Register Vol. 13, July 5, 2024
(1) A petition may
				be filed with the board by an 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) The petition shall be signed by the
				petitioner or its authorized representative.
(3) The petition shall contain:
(a) a statement naming all labor
				organizations making a claim to the employer to be recognized as the exclusive
				representative and bargaining agent;
(b) a concise statement of how the demands
				for recognition took place;
(c)
				where there is an employer-recognized or board-certified representative, a
				statement by the employer of what criteria it bases its doubt that the
				incumbent, exclusive representative does not have the majority support of the
				members of the bargaining unit in question; and
(d) a description of the bargaining unit the
				labor organizations demand to represent, including the approximate number of
				employees in the unit or units that are in dispute, and an enumeration, by job
				title, of the inclusions and exclusions proposed by the labor
				organizations;
(e) a brief
				description, including expiration dates, of all contracts covering 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 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.630 - PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT

Current through Register Vol. 13, July 5, 2024
(1) A petition for clarification of
				bargaining unit may be filed with the board by an exclusive representative of
				the bargaining unit in question or by the public employer only if:
(a) there is no question concerning
				representation;
(b) the parties to
				the agreement are neither engaged in negotiations nor within 120 days of the
				expiration date of the agreement, unless there is mutual agreement by the
				parties to permit the petition;
(c)
				a petition for clarification has not been filed with the board concerning
				substantially the same unit within the past 12 months immediately preceding the
				filing of the petition; and
(d) no
				election has been held in substantially the same unit within the past 12 months
				immediately preceding the filing of the petition.
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 24.26.643 - PETITION FOR DECERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A
				petition for decertification of an exclusive representative may be filed by an
				employee, a group of employees, or a labor organization, provided that 12
				months have elapsed since the last election.
(2) The petition must be filed during the 30
				day window period which starts on the 90th day and ends on the 60th day prior
				to the termination date of the collective bargaining agreement, or after the
				terminal date thereof.
(3) A
				petition seeking decertification of a bargaining unit comprised of employees of
				school districts, units of the Montana university system, or of a community
				college may only be filed during January of the year the existing collective
				bargaining agreement is scheduled to terminate, or after the termination of the
				existing collective bargaining agreement.
(4) The original petition shall be signed by
				the petitioner(s) or their authorized representative.
(5) The petition shall be filed with the
				board.
(6) The petition shall
				contain:
(a) the name and address of
				petitioner(s);
(b) a statement that
				the labor organization that has been certified or is currently being recognized
				by the employer as bargaining representative no longer represents the interests
				of the majority of the employees in the unit;
(c) the name of the labor organization, if
				any, which claims to be the majority representative;
(d) a description of the bargaining unit
				involved and the approximate number of employees; and
(e) any other relevant facts.
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 24.26.644 - ANSWER

Current through Register Vol. 13, July 5, 2024
(1) Each party may file an answer to the
				petition for decertification within ten days after the date the board mailed
				the petition for decertification.
(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 petition.
39-31-104, MCA;
					 IMP,
					 39-31-207,
					 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 24.26.645 - NOTICE OF DECERTIFICATION PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) The board shall require the employer to
				post in a conspicuous manner, a notice of decertification proceedings. Such
				notice shall be provided by the board and shall remain posted for a period of
				20 days.
(2) 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.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-207,
					 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 24.26.646 - PETITION TO INTERVENE

Current through Register Vol. 13, July 5, 2024
(1) Any labor
				organization or group of employees may file a petition to intervene within 20
				days of the first day of posting of the notice of decertification
				proceedings.
(2) The original
				petition shall be signed by the petitioner(s) or their authorized
				representative.
(3) The original
				petition and three copies of the petition shall be filed with the
				board.
(4) The petition shall
				contain the name and address of petitioner(s).
(5) The petition shall be accompanied by
				proof of interest representing 10% of the employees in the unit. Proof shall
				consist of authorization cards, or copies thereof, which have been individually
				signed and dated within 6 months of the date of the filing of the petition. The
				cards shall indicate that the signatories do not desire to be represented for
				collective bargaining purposes by the board-certified or employer recognized
				exclusive representative, or that they desire to be represented by the
				petitioner.
(6) The petition to
				intervene shall conform in all other respects to the requirements for a
				petition for decertification.
(7)
				The board shall serve a copy of the petition to intervene upon all other
				parties.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-207,
					 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 24.26.647 - PROCEDURE FOLLOWING FILING OF PETITION FOR DECERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The board shall direct an investigation
				of all questions and facts concerning the proposed decertification and shall
				have the following options:
(a) to direct a
				hearing if deemed appropriate, after which the election and a pre-election
				conference shall be scheduled; or
(b) to schedule the election and a
				pre-election conference.
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 24.26.648 - DISAFFIRMANCE OF REPRESENTATION BY BARGAINING REPRESENTATIVE

Current through Register Vol. 13, July 5, 2024
(1) After one year from the date of
				certification by the board or recognition by an employer of the bargaining
				representative and after the filing of a petition for decertification by an
				employee or group of employees an incumbent bargaining agent may submit to the
				board an affidavit of disaffirmance of representation stating it no longer
				desires to represent the bargaining unit in question.
(2) Upon the filing of such an affidavit the
				bargaining representative's name shall be removed from the ballot in the
				decertification election. If no other bargaining representative appears on the
				ballot, no election shall be conducted.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-207,
					 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 24.26.649 - PETITIONS TO REVOKE CERTIFICATION OR RECOGNITION

Current through Register Vol. 13, July 5, 2024
(1) A petition to revoke board certification
				or employer recognition of an exclusive representative may be filed by the
				employer or the exclusive representative of a bargaining unit.
(2) The board will order revocation only upon
				an unequivocal showing that:
(a) no
				collective bargaining agreement 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 24.26.6 - Public Employees Collective Bargaining › Rule 24.26.650 - PETITIONS TO AMEND CERTIFICATION OF EXCLUSIVE REPRESENTATIVE

Current through Register Vol. 13, July 5, 2024
(1) A petition to amend the certification of
				an exclusive representative may be filed by a labor organization when there is
				no question of representation and one of the following reasons exists:
(a) to reflect a change in name or
				affiliation of the exclusive representative; or
(b) a change in name of the
				employer.
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 24.26.651 - 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. Elections
39-31-104, MCA;
					 IMP,
					 39-31-206
					 and
					 39-31-207,
					 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 24.26.655 - ELECTION DIRECTED

Current through Register Vol. 13, July 5, 2024
(1) When a petition
				for an election has been filed, the board shall direct an election be held, if
				the board or its agent has determined an appropriate unit and the provisions of
				ARM
				24.26.612
				require an election . The election shall be conducted under the direction and
				supervision of the board's agent. Determinations made by the board's agent are
				subject to review by the Board of Personnel Appeals at the board's discretion.
AUTH:
					 39-31-104, MCA
					 IMP:
					 39-31-208,
					 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 24.26.656 - CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) All elections shall be held at such times
				and places and upon such terms as the board may specify, including on-site or
				mail-ballot elections.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.657 - SECRET BALLOT

Current through Register Vol. 13, July 5, 2024
(1) All elections
				shall be by secret ballot.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.658 - 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 petition excluding those employees who have voluntarily terminated their
				employment between the filing date and the date of the election.
(2) At least 7 days prior to the election,
				the employer shall furnish to each labor organization which is party to the
				proceeding, a list of names and addresses of the employees eligible to
				vote.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.659 - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Not more than 20 calendar days nor less
				than 10 calendar days prior to any election set by the board, the board shall
				cause to be prepared and distributed a Notice of Election specifying the date
				and place thereof; the hours the polls will be open; the classification of
				employees in the appropriate unit for which the election is to be conducted;
				rules concerning eligibility to vote; a sample ballot; and such additional
				information and instruction as the board may consider appropriate. Copies of
				the Notice of Election and the sample ballot will be sent to all labor
				organizations appearing on the ballot and to the public employer. The public
				employer shall cause copies of the Notice of Election and the sample ballot to
				be posted for at least 5 working days prior to the election at work locations
				where notices are normally posted for the benefit of employees in the
				appropriate unit. The posting requirement may be modified by mutual agreement
				of management and the parties appearing on the ballot.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.660 - BALLOTS

Current through Register Vol. 13, July 5, 2024
(1) The rank order of labor organization
				names to be placed on the ballot will be determined during the pre-election
				hearing. The currently recognized labor organization shall always be on the
				ballot unless otherwise agreed. "No Representation" will always be listed as
				the last choice.
(2) Only those
				labor organizations which have been designated by more than 10% of the
				employees in the unit shall be placed on the ballot.
(3) Absentee ballots shall not be
				allowed.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.661 - POLL WATCHERS

Current through Register Vol. 13, July 5, 2024
(1) Each party to
				the election shall be entitled to be represented by an equal number of
				observers watching at each polling place when the election is held on-site. 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.
				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.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.662 - POLLING AREA ELECTIONEERING

Current through Register Vol. 13, July 5, 2024
(1) Prior to the
				commencement of an on-site election the agent of the board 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.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.663 - CHALLENGES

Current through Register Vol. 13, July 5, 2024
(1) All employees whose names appear on the
				list certified by the board as being a complete list of the employees within
				the defined appropriate unit shall be eligible to vote.
(2) Any prospective voter may be challenged
				for cause.
(3) All employees whose
				names do not appear upon the list certified by the board as being a complete
				list of the employees within the defined appropriate unit shall be challenged
				by the agent of the board.
(4) A
				challenged voter shall be permitted to vote but his ballot shall not be cast.
				It shall instead be sealed in a separate, unmarked envelope under the
				supervision of the agent of the board and then inserted in a special
				identifiable form envelope provided by the board for that purpose and returned
				to the board.
39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.664 - MAJORITY

Current through Register Vol. 13, July 5, 2024
(1) In all elections, a majority of the valid
				votes cast shall determine the employees' representative to be certified. In
				the case of a tie vote, no certification shall be issued.
39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.665 - 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.
39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.666 - BALLOT TALLY AND OBJECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Ballots will
				be tallied on the day of the election. Within five working days after the tally
				of ballots, the parties to the election may file objections with the board
				relating to the conduct of the election or conduct affecting the results of the
				election. The board agent conducting the election will attempt to notify the
				parties of the results of the ballot tally. 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.
(2) Objections by a party to the election
				relating to the conduct of the election or the conduct affecting the results of
				the election shall be in writing and shall contain a brief statement of the
				facts upon which the objections are based. An original and three copies of such
				objections shall be signed and filed with the board, the original being sworn
				to. The party filing an objection shall serve a copy upon each of the other
				parties to the election.
39-31-104, MCA;
					 IMP,
					 39-31-208,
					 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 24.26.667 - CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) If an election occurred and no objections
				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
				forthwith issue to the parties a certification of representative, where
				appropriate.d supervision of the board's agent. Determinations made by the
				board's agent are subject to review by the Board of Personnel Appeals at the
				board's discretion.
(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 collective bargaining agreement
				as support of its claim. Unfair Labor Practice Charges
AUTH:
					 39-31-104, MCA
					 IMP:
					 39-31-208,
					 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 24.26.680 - COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) A complaint alleging that a person or
				organization has engaged in or is engaging in an unfair labor practice may be
				filed by an employee, a group of employees, a labor organization, or a public
				employer within six months of the asserted unfair labor practice.
(2) A complaint shall be in writing. The
				complaint shall be signed and verified by the complainant or the authorized
				representative. The complaint shall be filed with the board.
(3) A 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; and
(c) a clear and concise statement
				of facts constituting the alleged violation, including the time and place of
				occurrence of the particular acts and a statement of the portion or portions of
				the law or rules alleged to have been violated.
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 24.26.680A - STAY OF INFORMAL INVESTIGATION

Current through Register Vol. 13, July 5, 2024
(1) If
				during the course of the informal investigation of the unfair labor practice
				charge, the board's agent determines that the charge is one that may be
				resolved through deferral to the final and binding arbitration provisions
				contained in the collective bargaining agreement between the parties, the
				board's agent may issue a recommended order staying the board's
				proceedings.
(2) A party may appeal
				the recommended order to stay proceedings by filing an appeal with the board
				within 14 days after service of the recommended order.
(3) An appeal of the recommended order to
				stay proceedings must clearly set forth the specific factual or legal reasons
				indicating error. At the discretion of the board, interested parties will be
				afforded an opportunity to respond to an appeal of the recommended
				order.
(4) The board or the board's
				agent has the discretion to dissolve the stay and continue with its
				investigation into the unfair labor practice if a party makes a proper showing
				that:
(a) the unfair labor practice charge
				has not been resolved in a reasonable amount of time;
(b) the arbitration decision has not resolved
				the unfair labor practice; or
(c)
				the decision to stay the proceedings was inconsistent with the laws that govern
				collective bargaining in Montana.
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 24.26.681 - ANSWER

Current through Register Vol. 13, July 5, 2024
(1) The party named in the complaint shall
				file a formal, written, verified answer within ten days from the date the board
				mailed notice of finding of probable merit.
(2) One copy of the answer shall be served on
				the complainant, and the original, with proof of due service and five copies,
				shall be filed with the board.
(3)
				The answer shall include a specific admission, denial, or explanation of each
				allegation in the complaint.
(4) If
				the party charged fails to file a timely answer, the board may consider it an
				admission of material facts and waiver of a hearing.
39-31-104, MCA;
					 IMP,
					 39-31-406,
					 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 24.26.682 - NOTICE OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) After the time
				for filing an answer has passed, the board shall serve a notice of hearing upon
				the parties. The hearing date shall not be less than five days after the date
				of service. The notice shall include all those items listed in
				2-4-601, MCA, and shall
				state whether the board or an agent of the board will hear the
				complaint.
39-31-104, MCA;
					 IMP,
					 39-31-406,
					 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 24.26.683 - PROPOSED FINDINGS

Current through Register Vol. 13, July 5, 2024
(1) The board may
				request proposed findings of fact and conclusions of law.
Sec.
					 39-31-104, MCA;
					 IMP,
					 39-31-406,
					 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 24.26.684 - EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Following the contested case proceeding
				or summary disposition before the board's agent, the board's agent will serve a
				copy of the proposed decision and recommended order upon the parties. The
				parties shall have 20 days from the date the proposed decision and recommended
				order is mailed to file exceptions with the board.
(2) If briefs in support of a party's
				exceptions are to be submitted, those briefs must be filed with the board at
				least 15 days before the board hearing or the briefs will not be accepted or
				considered.
39-31-104, MCA;
					 IMP,
					 39-31-406,
					 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 24.26.685 - DISQUALIFICATION OF HEARING OFFICER

Current through Register Vol. 13, July 5, 2024
(1) A party
				desiring to disqualify a hearing officer on an unfair labor practice case must,
				within five days from receipt of information notifying that party of the
				appointment of the hearing officer, file with the board a written request to
				disqualify the appointed hearing officer.
(2) If several parties to an unfair labor
				practice proceeding disqualify the first appointed hearing officer, then all
				parties, other than the party who first exercises the right, shall still retain
				their right to disqualify one succeeding, appointed hearing officer, subject to
				the conditions of (1). Upon the filing of a timely, written request to
				disqualify a hearing officer, the hearing officer shall take no further action
				in that case.
39-31-104, MCA;
					 IMP,
					 39-31-405(5),
					 MCA;