Montana Administrative Code

24.26.240 INTERVENTION Any state employee, group of state employees, employee exclusive representative, labor organization, or public employer may be permitted to intervene in any grievance, appeal, petition, or complaint before the board by serving a motion to intervene on the p…

24.26.242 DOCUMENT FORM All petitions, exceptions, motions, requests for enlargement of time, briefs, documents, and other papers filed with the board shall be eight and one-half inches by eleven inches (8½" x 11") in size, standard quality, opaque, unglazed paper, and in 12-poin…

24.26.244 DOCUMENT SERVICE All exceptions, motions, request for enlargement of time, briefs, and exhibits filed with the board must be served upon all parties of record, including intervenors or other parties allowed to appear for special purposes. The documents must contain or b…

24.26.246 FILINGS WITH THE BOARD Any document required or permitted to be filed with the board may be filed electronically or by hard copy. The electronic mail address for document filing is to dlierdbopa@mt.gov. Documents to be filed by e-mail must be attached in a .pdf format. …

24.26.248 TIME For the purposes of these rules, the term "day" means calendar day, unless otherwise specified. In computing any period of time for acts required by the board's rules, time will be computed by excluding the first day and including the last day unless the last day f…

24.26.250 HEARING OFFICER PROCEEDINGS AND RECOMMENDED ORDER The board may refer matters to a hearing officer for consideration. All documents, pleadings, and papers filed with the Office of Administrative Hearings must comply with ARM 24.26.242 and 24.26.244. Documents may be fil…

24.26.254 BOARD REVIEW OF HEARING OFFICER'S RECOMMENDED ORDER A party may request review of the hearing officer's recommended order by filing exceptions with the board within 20 days of service of the hearing officer's recommended order. Any exception must include all the party's…

24.26.301 PURPOSE (REPEALED) Authorizing statute(s): 2-18-1011, MCA Implementing statute(s): 2-18-1002, MCA History: NEW, Eff. 5/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

24.26.302 DEFINITIONS (REPEALED) Authorizing statute(s): 2-18-1001, MCA Implementing statute(s): 2-18-1002, MCA History: NEW, Eff. 5/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

24.26.303 GRIEVANCE PROCEDURE (REPEALED) Authorizing statute(s): 2-18-1001, MCA Implementing statute(s): 2-8-1002, MCA History: NEW, Eff. 5/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

24.26.304 FREEDOM FROM INTERFERENCE, RESTRAINT, COERCION, OR RETALIATION (REPEALED) Authorizing statute(s): 2-18-1001, MCA Implementing statute(s): 2-18-1001(2), MCA History: NEW, Eff. 5/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

24.26.401 PURPOSE (REPEALED) Authorizing statute(s): 87-1-205, MCA Implementing statute(s): 87-1-205, MCA History: NEW, 1978 MAR p. 75, Eff. 1/25/78; REP, 2021 MAR p. 1551, Eff. 11/6/21.

24.26.402 DEFINITIONS (REPEALED) Authorizing statute(s): 87-1-205, MCA Implementing statute(s): 87-1-205, MCA History: NEW, 1978 MAR p. 75, Eff. 1/25/78; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

24.26.403 GRIEVANCE PROCEDURE (REPEALED) Authorizing statute(s): 87-1-205, MCA Implementing statute(s): 87-1-205, MCA History: NEW, 1978 MAR p. 75, Eff. 1/25/78; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

24.26.404 FREEDOM FROM INTERFERENCE, RESTRAINT, COERCION, OR RETALIATION (REPEALED) Authorizing statute(s): 87-1-205, MCA Implementing statute(s): 87-1-205, MCA History: NEW, 1978 MAR p. 75, Eff. 1/25/78; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.…

24.26.501 PURPOSE (REPEALED) Authorizing statute(s): 2-18-1011, MCA Implementing statute(s): 2-18-1011, MCA History: NEW, Eff. 7/5/75; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.502 DEFINITIONS (REPEALED) Authorizing statute(s): 2-18-1011, MCA Implementing statute(s): 2-18-1011, MCA History: NEW, Eff. 7/5/75; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.503 INFORMAL RESOLUTION OF APPEALS (REPEALED) Authorizing statute(s): 2-18-1011, MCA Implementing statute(s): 2-18-1011, MCA History: NEW, Eff. 7/5/75; AMD, 1981 MAR p. 624, Eff. 6/26/81; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.508 GRIEVANCE PROCEDURE (REPEALED) Authorizing statute(s): 2-18-1011, MCA Implementing statute(s): 2-18-1011, MCA History: NEW, Eff. 7/5/75; AMD, Eff. 12/4/76; AMD, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1981 MAR p. 624, Eff. 6/26/81; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 20…

24.26.513 CONSOLIDATED APPEALS (REPEALED) Authorizing statute(s): 2-18-1011, MCA Implementing statute(s): 2-18-1011, MCA History: NEW, Eff. 7/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2006 MAR p. 918, Eff. 4/7/06.

24.26.540 CLASSIFICATION AND COMPENSATION GRIEVANCE PROCEDURE – GENERAL PROVISIONS Any employee, group of employees not represented by a labor organization, an exclusive representative, or an authorized representative may utilize this grievance process to grieve a classification …

24.26.542 CONSOLIDATION OF GRIEVANCES If more than one grievance affects more than one employee in the same manner, the grievances may be consolidated at any step of the grievance process. Appeals may be consolidated by board order upon a showing of good cause by any party. A con…

24.26.544 GRIEVANCE PROCEDURE – STEP 1: DEPARTMENT HEAD OR DESIGNEE The employee shall submit the appeal form and accompanying material to the department head or department designee. The department head or designee shall have 14 days to review the appeal, record his or her findin…

24.26.546 GRIEVANCE PROCEDURE – STEP 2: STATE HUMAN RESOURCES DIVISION If an employee does not agree with the decision of the department head or designee, the employee shall submit the appeals form to the State Human Resources Division within 14 days of the date of the department…

24.26.548 GRIEVANCE PROCEDURE – STEP 3: REVIEW BY BOARD AGENT If the employee wishes to continue the grievance, the employee may submit the completed form to the Board of Personnel Appeals within 14 days of the date of the State Human Resources Division's decision. The board agen…

24.26.552 FAILURE OF DEPARTMENT HEAD, DESIGNEE, OR STATE HUMAN RESOURCES DIVISION TO ACT WITHIN PRESCRIBED TIME LIMIT 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 appeal…

24.26.554 FILING OF A NEW PETITION FOR HEARING AFTER FINAL ORDER ISSUED 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 wa…

24.26.556 FREEDOM FROM INTERFERENCE, RESTRAINT, COERCION, OR RETALIATION 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…

24.26.601 DEFINITIONS (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-104, MCA History: NEW, Eff. 6/14/74; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.602 DURATION OF NEGOTIATED AGREEMENTS (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-104, MCA History: NEW, Eff. 6/14/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.610 COMPOSITION OF UNIT (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-202, MCA History: NEW, Eff. 6/4/74; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.611 APPROPRIATE UNIT (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-202, MCA History: NEW, Eff. 6/4/74; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.612 PETITIONS FOR NEW UNIT DETERMINATION (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2018 MAR p. 1602, Eff. 8/11/18; AMD, 2019 MAR p. 2352, Eff. 12/28/19; REP, …

24.26.614 EMPLOYER COUNTER PETITION (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2018 MAR p. …

24.26.616 NOTICE OF UNIT DETERMINATION PROCEEDINGS (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.617 CONSENT ELECTIONS (REPEALED) Authorizing statute(s): 2-4-201, 39-31-104, MCA Implementing statute(s): 2-4-201, 39-31-209, MCA History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.618 PETITION TO INTERVENE (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2018 MAR p. 1602, Eff. 8/11/18; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.620 PROCEDURE FOLLOWING FILING OF PETITION FOR NEW UNIT DETERMINATION AND ELECTION (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; …

24.26.622 EMPLOYER PETITION (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207(1)(b), MCA History: NEW, 1978 MAR p. 516, Eff. 4/25/78; AMD, 1979 MAR p. 1494, Eff. 11/30/79; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2020 MAR p. 2422, Eff. 12/25/20.…

24.26.630 PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, 1978 MAR p. 513, Eff. 4/25/78; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2001 MAR p. 446, Eff. 3/23/01; AMD, 2010 MA…

24.26.643 PETITION FOR DECERTIFICATION (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, Eff. 11/24/76; AMD, 1978 MAR p. 74, Eff. 2/24/78; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026, Eff. 1/1/9…

24.26.644 ANSWER (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, 1979 MAR p. 1495, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.645 NOTICE OF DECERTIFICATION PROCEEDINGS (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.646 PETITION TO INTERVENE (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2020 MAR p. 2422, Eff. 12/25/20.

24.26.647 PROCEDURE FOLLOWING FILING OF PETITION FOR DECERTIFICATION (REPEALED) Authorizing statute(s): 39-31-104, MCA Implementing statute(s): 39-31-207, MCA History: NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; REP, 2020 MAR p. 2422, Eff. 12/25/20.