Montana Administrative Code

24.26.1044 BOARD AGENT REVIEW OF UNIT CLARIFICATION PETITION 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. If either party disputes the determi…

24.26.1046 BOARD INVESTIGATION OF UNIT CLARIFICATION PETITION, AGREEMENT, MEDIATION, APPEAL 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 e…

24.26.1048 PETITION TO REVOKE CERTIFICATION OR RECOGNITION 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). The board agent assigned to review …

24.26.1050 PETITIONS TO AMEND CERTIFICATION OF EXCLUSIVE REPRESENTATIVE 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: the …

24.26.1052 MERGERS AND CONSOLIDATIONS 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 t…

24.26.1070 ELECTION DIRECTED 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. The pre-election conference shall occu…

24.26.1072 CONSENT ELECTION 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. The board agent shall draft the consent agree…

24.26.1074 ELIGIBLE VOTERS 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. The excelsior list…

24.26.1076 PRE-ELECTION CONFERENCE 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. The parties shall submit an…

24.26.1078 NOTICE OF ELECTION 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: whether the election will be by mail or held on-si…

24.26.1080 BALLOTS All elections shall be by secret ballot. The order of labor organization names to appear on the ballot shall be determined during the pre-election conference. The current exclusive representative shall always be on the ballot unless otherwise agreed or a proper…

24.26.1082 MAIL BALLOT ELECTIONS Ballots may be mailed the same time as the notice of election. Ballots shall include a security envelope and instructions for completing the ballot. Ballots may be returned by mail or by hand delivery to a location determined by the board agent an…

24.26.1084 ON-SITE ELECTIONS – POLL WATCHERS AND POLLING AREA ELECTIONEERING 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 an…

24.26.1086 CHALLENGES TO BALLOTS All employees whose names appear on the list certified by the board agent at the pre-election conference shall be eligible to vote. Either party may challenge a prospective voter for cause. For a mail ballot election, a ballot will be mailed to al…

24.26.1088 RUNOFF 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. The ballot in …

24.26.1090 BALLOT TALLY AND EXCEPTIONS The majority of the valid votes cast shall determine the election. In the case of a tie vote, no certification shall be issued. The board agent shall notify the parties of the ballot tally on the day the ballots are counted by e-mail or by o…

24.26.1092 CERTIFICATION 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 representativ…

24.26.1201 ULP COMPLAINT A ULP may be filed by an employee, a group of employees, a labor organization, or a public employer. 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 wa…

24.26.1202 STAY OF INFORMAL ULP INVESTIGATION If during the course of the informal investigation of the ULP, the board agent determines the charge may be resolved through the final and binding arbitration provisions contained in the applicable CBA, the board agent may issue a rec…

24.26.1204 INFORMAL INVESTIGATION OF ULP BY BOARD AGENT The board agent assigned to investigate the ULP shall serve the complaint on each respondent charged with an unfair labor practice. The respondent shall file a written response to the complaint with the board within ten days…

24.26.1206 BOARD REVIEW OF DISMISSAL OF ULP COMPLAINT If a party disputes the board agent's notice of intent to dismiss the ULP complaint, the party shall file a written request for review by the board within ten days of receipt of the notice of intention to dismiss. The request …

24.26.1208 HEARING OFFICER REVIEW OF ULP COMPLAINT If the board agent or the board determines that the ULP complaint is supported by probable merit, the board shall refer the matter to a hearing officer to review the ULP complaint. The hearing officer shall issue a notice of time…

24.26.1210 NOTICE OF STRIKE Any notice of strike given by the employees of a health care facility or their duly elected representative as is required by 39-32-110, MCA, must be simultaneously filed with the board. Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39…

24.26.1401 INTEREST MEDIATION If a public employer and a labor organization have a dispute over the negotiation of a new or expired CBA, one or both of the parties shall file a written petition with the board for interest mediation. The petition shall be filed with the board purs…

24.26.1402 GRIEVANCE MEDIATION 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 d…

24.26.1404 FACT FINDER Either the public employer or the exclusive representative may petition the board to initiate factfinding or, if public determination of facts and disagreements will expediate settlement, the board may initiate factfinding in accordance with 39-31-308, MCA.…

24.26.1406 ARBITRATION The parties may submit issues to binding arbitration in accordance with 39-31-310, MCA. The parties may petition the board to provide a list of qualified arbitrators. Nothing in these rules shall be construed to limit the right of parties to select jointly …

24.26.1408 PANEL OF ARBITRATORS AND FACT FINDERS The board shall maintain a panel of qualified labor arbitrators and fact finders. Upon request by one or more parties to a labor dispute, a board agent shall provide the parties with a list of arbitrators or fact finders randomly s…

24.26.201 ADOPTION OF ORGANIZATIONAL AND PUBLIC PARTICIPATION RULES The Board of Personnel Appeals adopts the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title. The Board of Personnel Appeals adopts procedural rules and public parti…

24.26.202 BOARD OF PERSONNEL APPEALS ADDRESS (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; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10…

24.26.203 SERVICE AND FILING (REPEALED) Authorizing statute(s): 2-4-201, 39-31-107, MCA Implementing statute(s): 2-4-201, 39-31-107, MCA History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Ef…

24.26.205 AMENDING PETITIONS (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.

24.26.206 COMPUTATION OF TIME (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.207 DEFINITIONS "Board" means the Board of Personnel Appeals. "Board agent" means a person designated by the board to act on its behalf. "CBA" means a collective bargaining agreement, as defined in 39-31-306, MCA. Any CBA negotiated between a public employer and a labor org…

24.26.208 NOTICE OF HEARINGS (REPEALED) Authorizing statute(s): 2-4-201, 39-31-104, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.209 LAY REPRESENTATION BEFORE THE BOARD OR BOARD AGENT A lay representative, authorized by a party to the proceedings, may appear in proceedings before the board or before a board agent on behalf of interested parties so long as this lay representative does not charge a fee…

24.26.210 CONTESTED CASES, DEFAULT ORDER WHEN PARTY FAILS TO APPEAR AT HEARING (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. 12/25/2…

24.26.211 BRIEFS (REPEALED) Authorizing statute(s): 2-4-201, 39-31-104, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.212 MOTIONS (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; AMD, 1979 MAR p. 1494, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 242…

24.26.213 MOTIONS FOR SUMMARY JUDGMENT (REPEALED) Authorizing statute(s): 2-4-201, 39-31-104, MCA Implementing statute(s): 2-18-1001, 2-18-1011, 2-18-1012, 87-1-205, MCA History: NEW, 2006 MAR p. 3077, Eff. 12/22/06; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.26.215 HEARINGS (REPEALED) Authorizing statute(s): 2-4-201, 39-31-104, MCA Implementing statute(s): 2-4-201, 39-31-105, MCA History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 1979 MAR p. 1494, Eff. 11/30/79; AMD, 2000 MAR p. 2308, Eff. 8/25/00…

24.26.216 DECLARATORY RULINGS (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.26.217 EXTENSION OR WAIVER OF TIME LIMITS (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, 2010 MAR p. 2841, Eff. 12/10/10.

24.26.219 SUSPENSION (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.

24.26.221 EXCEPTIONS (REPEALED) Authorizing statute(s): 39-32-103, MCA Implementing statute(s): 39-32-112, MCA History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.222 OBJECTIONS TO BOARD'S AGENT'S RECOMMENDED ORDER (REPEALED) Authorizing statute(s): 2-4-201, 39-31-104, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.224 BOARD REVIEW (REPEALED) Authorizing statute(s): 2-4-201, 39-31-104, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.229 EX PARTE COMMUNICATIONS At any time that petitions, complaints, exceptions, election challenges, or other contested case matters have been set for hearing before the hearing officer or the board, ex parte communications are prohibited. If an ex parte communication occur…

24.26.230 SEVERABILITY (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.