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 24.26.612 - PETITIONS FOR NEW UNIT DETERMINATION
Universal Citation: MT Admin Rules 24.26.612
Current through Register Vol. 18, September 20, 2024
(1) A petition for new unit determination may be filed with the board by a labor organization or a group of employees.
(2) The original petition shall be signed by the petitioner(s) or their authorized representative.
(3) The petition shall be filed with the board.
(4) The petition shall contain:
(a) a description
of the unit to be determined specifying inclusions and exclusions;
(b) a statement as to whether there is any
known disagreement between the employer and the petitioner as to the nature and
scope of the proposed unit and the reasons for the disagreement;
(c) the names of all labor organizations
known to the petitioner who claim to represent employees in the proposed unit;
(d) the expiration dates and brief
description of any contracts covering any employees in the proposed unit;
(e) the approximate number of
employees in the proposed unit; and
(f) any other relevant facts.
(5) The petition must be accompanied by proof, consisting of authorization cards, or copies thereof.
(a) The board agent shall promptly issue a
certification of representative because no question of representation exists,
an election is not required, and an appropriate unit has been determined, if
the following requirements of this subsection are met:
(i) the number of authorization cards
submitted exceed 50% of the number of employees in the proposed bargaining
unit;
(ii) a counter-petition
petition is not filed within ten days of the date the board mailed the petition
for unit determination to the employer, as provided by ARM
24.26.614;
(iii) a petition to intervene has not been
filed within ten days of the employer posting notice of unit determination
proceedings, as provided by ARM
24.26.618;
and
(iv) the showing of interest is
adequate because more than 50% of the employees on the excelsior list have
submitted an authorization card.
(b) An election is required pursuant to ARM
24.26.620
when at least 30% but not more than 50% of the employees on the excelsior list
have submitted an authorization card.
(6) The board shall serve a copy of the petition upon the public employer.
AUTH: 39-31-104, MCA IMP: 39-31-207, MCA
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