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 24.26.622 - EMPLOYER PETITION

Universal Citation: MT Admin Rules 24.26.622

Current through Register Vol. 18, September 20, 2024

(1) A petition may be filed with the board by an employer alleging that one or more labor organizations have presented to it a claim to be recognized as the exclusive representative in an appropriate unit.

(2) The petition shall be signed by the petitioner or its authorized representative.

(3) The petition shall contain:

(a) a statement naming all labor organizations making a claim to the employer to be recognized as the exclusive representative and bargaining agent;

(b) a concise statement of how the demands for recognition took place;

(c) where there is an employer-recognized or board-certified representative, a statement by the employer of what criteria it bases its doubt that the incumbent, exclusive representative does not have the majority support of the members of the bargaining unit in question; and

(d) a description of the bargaining unit the labor organizations demand to represent, including the approximate number of employees in the unit or units that are in dispute, and an enumeration, by job title, of the inclusions and exclusions proposed by the labor organizations;

(e) a brief description, including expiration dates, of all contracts covering employees in the proposed unit; and

(f) any other relevant facts.

(4) Petitions may be filed when any of the following circumstances apply:

(a) during the period not more than 90 days, and not less than 60 days prior to the termination date of the existing collective bargaining agreement;

(b) during January of the year the existing collective bargaining agreement terminates, if the bargaining unit is comprised of employees of school districts, units of the university system, or a community college;

(c) after the termination date of the existing collective bargaining agreement; or

(d) when the incumbent bargaining representative gives notice to the employer that it desires to begin negotiations of a successor agreement.

(5) If after investigating the matters alleged in the petition, the board finds that there has been a sufficient demand for recognition made of the employer, and where applicable that there are sufficient, objective criteria for the employer to, in good faith, doubt the certified or recognized bargaining representative's majority status, then the board shall serve a copy of the petition on all parties named as claiming to be the exclusive representative and bargaining agent.

(6) The refusal to serve a petition is appealable to the full board if written exceptions to the refusal are filed with the board within 20 days after the date of the notification of the refusal to serve the petition.

(7) The same right of intervention shall exist for an employer petition as exists for unit determination petitions. Unit Clarifications

Sec. 39-31-104, MCA; IMP, 39-31-207(1) (b), MCA;

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