Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.26 - BOARD OF PERSONNEL APPEALS
Subchapter 24.26.14 - Mediation and Arbitration
Rule 24.26.1401 - INTEREST MEDIATION

(1) 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.

(2) The petition shall be filed with the board pursuant to ARM 24.26.242 and ARM 24.26.244. The petition shall contain:

(3) A petition may be withdrawn with the consent of the board.

(4) Upon petition for interest mediation, department staff shall designate a qualified board agent to mediate the dispute. Upon the written request of both parties, department staff may instead request a mediator from the federal mediation and conciliation service, if one is available.

(5) All communications, oral or written, from the parties to the mediator and any information and evidence presented to the mediator during the proceeding are confidential. Such matters shall not be disclosed to a non-party to the mediation.

(6) The mediator shall not testify or produce any confidential records or evidence with regard to any mediation to a non-party without written consent of all parties or in any proceeding before any court, board, investigatory body, arbitrator, or fact finder.

(7) The mediator may hold separate or joint meetings with the parties or their representatives. Unless otherwise required by the constitution, mediations pursuant to this rule shall be held in private unless both parties agree in writing to waive private meetings.