Printer Friendly View    Printer Friendly Version

24.25.101   BOARD OF PERSONNEL APPEALS ADDRESS

(1) All requests, petitions, and other correspondence to the board should be addressed to the Board of Personnel Appeals, P.O. Box 8011, Helena, MT 59604. The board's physical location is 1805 Prospect Avenue, Helena, MT 59601.

 

History: 2-4-201, 39-32-103, MCA; IMP, 2-4-201, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.102   SERVICE, FILING, COMPUTATION OF TIME

(1) All service, filing, and computation of time in proceedings before the board shall be in accordance with the board's administrative rules found at ARM Title 24, chapter 26.

History: 2-4-201, 39-32-103, MCA; IMP, 2-4-201, 39-32-112, MCA; 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.103   INTERVENTION

(1) Any employee, group of employees, employee representative, or employer may be permitted to intervene by serving a motion to intervene upon the parties and the board. The motion shall be accompanied by affidavit(s) establishing a basis for intervention. The board shall determine the validity of the basis for intervention.

History: 2-4-201, 39-32-103, MCA; IMP, 2-4-201, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.104   AMENDING PETITIONS

(1) Any petition may be amended, in whole or in part, by the petitioner or the board or withdrawn by the petitioner at any time prior to the casting of the first ballot in an election, or prior to the closing of a case, upon such conditions as the board considers proper and just.

History: 2-4-201, 39-32-103, MCA; IMP, 2-4-201, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.105   CONTESTED CASES, DEFAULT ORDER WHEN PARTY FAILS TO APPEAR AT HEARING

(1) When a notice of a hearing has been given, but a party fails to appear at the time specified for that hearing, the board shall enter an order at that time, stating the evidence before it supporting the board's action. If the defaulting party is able to show good cause for the absence, the order will be vacated and a new hearing date set.

History: 2-4-201, 39-32-103, MCA; IMP, 2-4-201, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.106   MOTIONS

This rule has been repealed.

History: 2-4-201, MCA; IMP, 2-4-201, MCA, NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.107   HEARINGS

(1) The board shall conduct its hearings in accordance with the appropriate provisions of the Administrative Procedures Act and to the extent applicable, in conformance with the board's administrative rules, found at ARM Title 24, chapter 26.

History: 2-4-201, 39-32-103, MCA; IMP, 2-4-201, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.108   EXTENSION OR WAIVER OF TIME LIMITS

This rule has been repealed.

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.109   SUSPENSION

This rule has been repealed.

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.120   SEVERABILITY

This rule has been repealed.

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.201   DEFINITIONS

(1) The board adopts the definitions set forth in 39-32-102, MCA.

(2) "Board" means the Board of Personnel Appeals and in the proper context may also mean an agent appointed by the board to perform certain board functions.

History: 2-4-201, 39-32-103, MCA; IMP, 39-32-103, MCA NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.202   FILING OF NEGOTIATED AGREEMENTS

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.203   FILING OF LABOR ORGANIZATION'S BYLAWS

(1) Any employee organization seeking certification from the board as the exclusive representative of a group of employees must first file with the board a copy of the labor organization's written bylaws. If any revisions or changes are made, the bylaws must be refilled.

(2) The bylaws must provide for and guarantee that:

(a) Provisions are made for democratic organization and procedures.

(b) Elections are held pursuant to adequate standards and safeguards.

(c) Controls are provided for the regulation of officers and agents having fiduciary responsibility.

(d) Sound accounting, fiscal control, and annual audit requirements exist.

History: 39-32-103, MCA; IMP, 39-32-103, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.204   PROOF OF INTEREST CONFIDENTIAL

(1) The proof of interest submitted with any petition shall not be furnished to any of the parties. The board shall consider the adequacy of the showing of interest and such decision shall not be subject to challenge.

History: 39-32-108, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.206   NOTICE OF STRIKE

(1) Any notice of strike given by the employees of a health care facility or their duly elected representative as is required by 39-32-110, MCA, must be simultaneously filed with the board.

History: 39-32-103, MCA; IMP, 39-32-110, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.301   COMPOSITION OF UNIT

(1) A unit may consist of all of the employees of the employer or any department, division, bureau, section, or combination thereof if found to be appropriate by the board.

(2) The composition of an appropriate unit may also be determined by mutual consent between such facility and the employees.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.302   APPROPRIATE UNIT

(1) In considering whether a bargaining unit is appropriate, the board shall consider such factors as:

(a) similarity of duties;

(b) licensure;

(c) conditions of employment;

(d) community of interest;

(e) wages;

(f) hours;

(g) fringe benefits and other working conditions;

(h) the history of collective bargaining;

(i) common supervision;

(j) common personnel policies;

(k) extent of integration of work functions and interchange among employees affected; and,

(l) desires of the employees.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.303   PROFESSIONAL EMPLOYEES

(1) When a petition for a unit determination proposes a unit which contains both professional and nonprofessional employees, and the unit is found to be appropriate by the board, an election will be conducted among the professional employees to determine whether or not they wish to be included in the proposed unit.

(a) If a majority of the professional employees do not desire to be included in the proposed unit, they shall be excluded from the unit.

(b) If a majority of the professional employees desire to be included in the unit they shall be included in the unit.

(2) Notice of the special election shall be posted by the employer no less than five days prior to the election.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.304   PETITIONS FOR NEW UNIT DETERMINATION AND ELECTION

(1) A petition for new unit determination and election shall be filed with the board by an employee or a representative of a group of employees in accordance with ARM 24.26.612.

(2) The board shall serve a copy of the petition upon the other party to the petition.

 

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.305   EMPLOYER COUNTER PETITION

(1) A party shall have ten days after the date the board mails the petition for new unit determination in which to file a counter petition with the board in accordance with ARM 24.26.614.

(2) The board shall serve a copy of the counter petition upon the petitioner.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.306   NOTICE OF UNIT DETERMINATION PROCEEDINGS

(1) The board shall require the employer to post in a conspicuous manner a notice of unit determination proceedings. Such notice shall be provided by the board and shall remain posted for a period of 20 days.

(2) The employer shall confirm in writing to the board that it has received, posted, and shall continue posting of the notice for the required 20 days.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.307   PETITION TO INTERVENE

(1) Within 20 days from the first day of posting of the notice of unit determination proceedings, any labor organization or group of employees may file a petition to intervene. The petition to intervene will be processed in accordance with ARM 24.26.618.

(2) The board shall serve a copy of the petition to intervene upon all other parties.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.308   PROCEDURE FOLLOWING FILING OF PETITION FOR NEW UNIT DETERMINATION AND ELECTION

(1) The board shall direct an investigation of all questions and facts concerning the proposed unit in accordance with ARM 24.26.620.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.401   PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT

(1) A Petition for Clarification of Bargaining Unit may be filed with the board in accordance with ARM 24.26.630.

(2) A copy of any such petition shall be served by the board upon the bargaining representative if filed by the employer and upon the employer if filed by a bargaining representative.

(3) A party shall have 20 days after the board mails the petition to file a response with the board.

History: 39-32-103, MCA; IMP, 39-32-106, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.501   PETITION FOR DECERTIFICATION

(1) A petition for decertification of an exclusive representative shall be filed by an employee, a group of employees, or labor organizations, provided that 12 months have elapsed since the last election. The petition must be filed in accordance with ARM 24.26.643.

(2) The board shall serve a copy of the petition upon the labor organization(s) concerned, and upon the employer.

History: 39-32-103, MCA; IMP, 39-32-113, MCA; NEW 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.502   ANSWER

(1) Each party may file an answer to the petition for decertification within ten days after the date the board mailed a copy of the petition for decertification.

(2) The composition of the unit is not a proper matter to be considered in a decertification proceeding. Eligible voters for any decertification election shall be those who are members of the bargaining unit at the time of the filing of the petition.

History: 39-32-103, MCA; IMP, 39-32-113, MCA, NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.503   NOTICE OF DECERTIFICATION PROCEEDINGS

(1) The board shall require the employer to post in a conspicuous manner, a notice of decertification proceedings. Such notice shall be provided by the board and shall remain posted for a period of 20 days.

(2) The employer shall confirm in writing to the board that it has received, posted, and shall continue posting of the notice for the required 20 days.

History: 39-32-103, MCA; IMP, 39-32-113, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.504   PETITION TO INTERVENE

(1) Any labor organization or group of employees may file a petition to intervene within 20 days of the first day of posting of the notice of decertification proceedings in accordance with ARM 24.26.646.

(2) The board shall serve a copy of the petition to intervene upon all other parties.

History: 39-32-103, MCA; IMP, 39-32-113, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.505   PROCEDURE FOLLOWING FILING OF PETITION FOR DECERTIFICATION

(1) The board shall direct an investigation of all questions and facts concerning the proposed decertification in accordance with ARM 24.26.647.

History: 39-32-103, MCA; IMP, 39-32-113, MCA; NEW 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.601   ELECTION DIRECTED

(1) When a petition for an election has been filed, the board shall direct an election to be held in accordance with 39-31-207 through 39-31-210, MCA, and ARM 24.26.655 through 24.26.666.

History: 39-32-103, MCA; IMP, 39-31-207, 39-31-208, 39-31-209, 39-31-210, 39-32-113, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.602   CONDITIONS

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.603   SECRET BALLOT

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.604   ELIGIBLE VOTERS

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.605   NOTICE

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.606   BALLOTS

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.607   POLL WATCHERS

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.608   POLLING AREA ELECTIONEERING

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.609   CHALLENGES

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.610   MAJORITY

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.611   OBJECTIONS

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.612   CERTIFICATION

This rule has been repealed.

History: 39-32-103, MCA; IMP, 39-32-108, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.701   COMPLAINT

(1) A complaint alleging that a person or organization has engaged in or is engaging in an unfair labor practice may be filed by an employee, or a group of employees, or a labor organization within six months of the asserted unfair labor practice.

(2) A complaint shall be in writing. The original shall be signed and verified by the complainant or an authorized representative. The original and three copies of the complaint shall be filed with the board. The board shall serve one copy of the complaint on each party named in the complaint.

(3) A complaint shall contain the following:

(a) the name, address and telephone number of the complainant;

(b) the name, address and telephone number of the party against whom the charge is made; and

(c) a clear and concise statement of facts constituting the alleged violation, including the time and place of occurrence of the particular acts and a statement of the portion or portions of the law or rules alleged to have been violated.

(4) The board shall conduct an investigation in accordance with ARM 24.26.280B.

(5) If the board determines that the facts alleged in the complaint do not constitute an unfair labor practice under section 39-32-109, MCA, it shall dismiss the charge.

History: 39-32-103, MCA; IMP, 39-32-109, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.702   ANSWER

(1) The party named in the complaint shall file a formal, written verified answer within ten days after the board has mailed a copy of the notice finding probable merit.

(2) One copy of the answer shall be served on the complainant, and the original, with proof of due service and three copies, shall be filed with the board.

(3) The answer shall include a specific admission, denial, or explanation of each allegation in the complaint.

(4) If the party charged fails to file a timely answer, the board may consider it an admission of material facts and waiver of a hearing.

History: 39-32-103, MCA; IMP, 39-32-109, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.703   NOTICE OF HEARING

(1) After the time for filing an answer has passed, the board shall serve a notice of hearing upon the parties. The hearing date shall not be less than five nor more than 20 days from the date of service. The notice shall include all those items listed in 2-4-601, MCA, and shall state who will hear the complaint.

History: 39-32-103, MCA; IMP, 39-32-109, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.704   PROPOSED FINDINGS

(1) The board may request proposed findings of fact and conclusions of law from the parties.

History: 39-32-103, MCA; IMP, 39-32-109, 39-32-112, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.801   PETITION

(1) In the event of an impasse, a petition, in writing, requesting assistance of the board, may be filed with the board by an employee or group of employees, a labor organization, or an employer. The original of the petition shall be signed by the petitioner or an authorized representative, and the original and three copies thereof shall be filed with the board. The petitioner shall serve a copy of the petition simultaneously upon any party in the petition. The petition shall contain:

(a) name, address, and telephone number of petitioner or authorized representative;

(b) name address, and telephone number of the employer;

(c) description of unit involved;

(d) name, address, and telephone number of the recognized or certified labor organization and authorized representative thereof;

(e) description of the dispute in detail;

(f) statement as to what assistance is requested; and

(g) statement indicating if the request is unilateral or joint.

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

History: 39-32-103, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.802   MEDIATION

(1) Upon petition, the board, any member or employee thereof designated by the board or any other competent, impartial, disinterested person designated by the board may act as the mediator in a dispute.

(2) Any information disclosed to the mediator in the performance of these duties shall not be divulged unless approved by the parties involved. All files, records, reports, documents, or other papers received or prepared by the mediator shall be classified as confidential and not as a public record. Such matters shall not be disclosed to anyone without the prior consent of the board.

(3) The mediator shall not produce any confidential records or testimony with regard to any mediation conducted on behalf of a party to any case pending in any proceeding before any court, board, investigatory body, arbitrator, or fact finder without the written consent of the board.

(4) The mediator may hold separate or joint meetings with the parties or their representatives, and such meetings shall be private and nonpublic, except if otherwise mutually agreed upon by the parties.

History: 39-32-103, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.803   FACT FINDER

(1) Either party to a dispute may petition the board to initiate fact-finding in accordance with ARM 24.26.697 or, if it is apparent that matters in disagreement might be more readily settled if facts involved were determined and publicly known, the board may initiate fact-finding.

History: 39-32-103, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

24.25.804   ARBITRATION

(1) The parties may, at any period in the negotiations, agree to submit the issues to binding arbitration in accordance with ARM 24.26.698.

History: 39-32-103, MCA; IMP, 2-4-201, MCA; NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.