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 24.26.680B - RESPONSE TO COMPLAINT AND INVESTIGATION OF COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) A party charged with an unfair labor
				practice shall file a response with the board to the complaint within ten days
				after the board has mailed the complaint. A response is a letter setting forth
				in detail facts relevant to the complaint which the respondent wishes to bring
				to the board's attention including a specific reply to each factual allegation
				made in the complaint.
(2) As
				provided for in
				39-31-405(1),
				MCA, after receipt of the response, the board shall appoint an investigator to
				investigate the alleged unfair labor practice. In making a determination of
				probable merit, the investigator must determine whether there is substantial
				evidence to support the allegation(s). In reaching this decision, the board's
				agent shall rely on the type of evidence on which responsible persons are
				accustomed to rely in the conduct of serious affairs. Substantial evidence is
				something more than a scintilla of evidence but may be less than a
				preponderance of the evidence.
(3)
				As provided for in
				39-31-405(2),
				MCA, if after the investigation, the agent designated by the board determines
				that the charge is without probable merit the board shall issue a notice of its
				intention to dismiss the complaint. The dismissal becomes a final order of the
				board unless either party requests board review of the decision to dismiss the
				complaint. The request for a review must be made in writing within ten days
				from the date the board mailed its notice of intention to dismiss decision.
				This rule requires that the request for review must clearly set forth the
				specific factual and/or legal reasons indicating how the investigator's finding
				of no probable merit is in error. At the discretion of the board, interested
				parties will be afforded an opportunity to respond to a request for
				review.
(4) In considering a
				request to review a notice of intent to dismiss, the board will consider the
				record as prepared by the board's agent in reaching his or her decision of no
				probable merit, any report detailing the investigation and analysis of the
				board's agent, and any argument set forth by interested parties. At the
				discretion of the board, the board will allow interested parties to present
				oral argument. Following consideration, the board will determine whether the
				investigator erred in concluding that there was not substantial evidence to
				support a determination of probable merit or the investigator's determination
				was based on an error of law.
(5)
				As provided for in
				39-31-405,
				MCA, if after the investigation or after the appeal provided for in
				39-31-405(2),
				MCA, the investigator or the board determines that there is probable merit for
				the charge, the board shall issue a notice of finding of probable
				merit.
(6) As provided for in
				39-31-405(4),
				MCA, if a finding of probable merit is made, the person or entity against whom
				the charge is filed shall file an answer to the complaint. The answer must be
				made in writing within ten days after the date the board mailed notice of
				finding of probable merit.
(7) A
				finding of probable merit is appealable only after the decision of the hearing
				examiner has been issued.
39-31-104, MCA;
					 IMP,
					 39-31-405,
					 MCA;