Montana Administrative Code

24.25.401 PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-106, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.501 PETITION FOR DECERTIFICATION (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-113, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.502 ANSWER (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-113, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.503 NOTICE OF DECERTIFICATION PROCEEDINGS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-113, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.504 PETITION TO INTERVENE (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-113, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.505 PROCEDURE FOLLOWING FILING OF PETITION FOR DECERTIFICATION (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-113, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20…

24.25.601 ELECTION DIRECTED (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-31-207, 39-31-208, 39-31-209, 39-31-210, 39-32-113, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25…

24.25.602 CONDITIONS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.603 SECRET BALLOT (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.604 ELIGIBLE VOTERS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.605 NOTICE (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.606 BALLOTS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.607 POLL WATCHERS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.608 POLLING AREA ELECTIONEERING (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.609 CHALLENGES (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.610 MAJORITY (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.611 OBJECTIONS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.612 CERTIFICATION (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-108, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.701 COMPLAINT (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-109, 39-32-112, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.702 ANSWER (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-109, 39-32-112, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.703 NOTICE OF HEARING (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-109, 39-32-112, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.704 PROPOSED FINDINGS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-109, 39-32-112, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.801 PETITION (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.802 MEDIATION (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.803 FACT FINDER (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.25.804 ARBITRATION (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.250.301 DEFINITIONS "Face-to-face" means supervision which is either: in-person; or electronically. The transmission must: be two-way; be interactive; be real-time; be simultaneous; and provide for both audio and visual interaction. "Sexual offender evaluator supervisor" means…

24.250.501 SEXUAL OFFENDER EVALUATOR LICENSE ENDORSEMENT Applicants for a sexual offender evaluator endorsement who are licensed as an LCSW, LCPC, LMFT, psychiatrist, psychologist, or advanced practice registered nurse with a psychiatric mental health nurse practitioner certifica…

24.26.1001 FILING OF LABOR ORGANIZATION'S BYLAWS 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, …

24.26.1002 REQUIREMENTS FOR PROOF OF INTEREST AUTHORIZATION DOCUMENTS - CONFIDENTIALITY An authorization card is proof of interest that must be submitted in support of a petition for certification. The card must contain the following: the employee's name, typed or legibly printed…

24.26.1004 COMPOSITION OF UNIT The board may consider a bargaining unit that consists of all the employees in any department, division, bureau, section, or combination thereof. Authorizing statute(s): 39-31-104, 39-32-103, MCA Implementing statute(s): 39-31-202, 39-32-102, 39-32-…

24.26.1005 APPROPRIATE UNIT 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: wages; hours; fringe benefits and other w…

24.26.1006 PETITIONS FILED WITH THE BOARD – AMENDMENTS – WITHDRAWAL All petitions filed with the board pursuant to this subchapter must comply with the following: The petition shall meet the formatting requirements of ARM 24.26.242. The petition must contain the name, address, an…

24.26.1008 HEARING ON REPRESENTATION MATTERS The board agent may refer matters to a hearing officer for consideration under this subchapter. The hearing officer shall conduct an informal hearing for matters under this subchapter. The hearing officer shall consider evidence submit…

24.26.101 ORGANIZATION OF BOARD OF PERSONNEL APPEALS (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.1012 UNIT DETERMINATION PETITIONS 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 repres…

24.26.1014 NOTICE OF UNIT DETERMINATION PROCEEDINGS Upon receipt of the petition, the employer shall post the notice of unit determination in a conspicuous manner for a period of 20 days. If employees do not work in a central location, the employer shall disseminate the notice to…

24.26.1016 EMPLOYER COUNTER PETITION 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 pro…

24.26.1018 PETITION TO INTERVENE IN UNIT DETERMINATION 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. The petition shall be accompanied by proo…

24.26.102 BOARD MEETINGS, QUORUM The Board of Personnel Appeals shall meet upon the call of the presiding officer or at the written request of at least three members. The board shall meet at a time and place designated by the presiding officer or members calling the meeting. For …

24.26.1020 UNIT DETERMINATION PETITION INVESTIGATION AND HEARING 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…

24.26.1022 NURSE UNIT AT HEALTH CARE FACILITY – PROFESSIONAL EMPLOYEE SPECIAL ELECTION 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. If a hearing officer issues an order pur…

24.26.1024 EMPLOYER RECOGNITION PETITION 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. ER petit…

24.26.1028 DECERTIFICATION PETITION 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. DC petitions may be filed under the following circumstances: during the …

24.26.1030 ANSWER TO DECERTIFICATION PETITION 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. The composition of the unit is not a proper matter to be considered in a decertification proceedi…

24.26.1032 NOTICE OF DECERTIFICATION PROCEEDINGS Upon receipt of the petition, the employer shall post the notice of decertification proceedings in a conspicuous manner for a period of 20 days. If employees do not work in a central location, the employer shall disseminate the not…

24.26.1034 PETITION TO INTERVENE IN DECERTIFICATION 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. The petition shall be accompanied by proof of int…

24.26.1036 DECERTIFICATION PETITION INVESTIGATION AND HEARING 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…

24.26.1038 DISAFFIRMANCE OF REPRESENTATION BY BARGAINING REPRESENTATIVE DURING DECERTIFICATION An exclusive representative may file an affidavit of disaffirmance of representation with the board agent under the following circumstances: a minimum of 12 months has passed since the …

24.26.1042 PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT The public employer or exclusive representative of the bargaining unit in question may file a unit clarification petition (UC petition) under the following circumstances: there is no question concerning representation;…