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Rule: 24.26.612 Prev     Up     Next    
Rule Title: PETITIONS FOR NEW UNIT DETERMINATION
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF PERSONNEL APPEALS
Subchapter: Public Employees Collective Bargaining
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.26.612    PETITIONS FOR NEW UNIT DETERMINATION

(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.

 

History: 39-31-104, MCA; IMP, 39-31-207, MCA; 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.


 

 
MAR Notices Effective From Effective To History Notes
24-26-351 12/28/2019 Current History: 39-31-104, MCA; IMP, 39-31-207, MCA; 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.
24-26-336 8/11/2018 12/28/2019 History: 39-31-104, MCA; IMP, 39-31-207, MCA; NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2018 MAR p. 1602, Eff. 8/11/18.
1/1/1994 8/11/2018 History: Sec. 39-31-104, MCA; IMP, 39-31-207, MCA; NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94.
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