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24.26.614    EMPLOYER COUNTER PETITION

(1) The employer shall have ten days after the date the board mailed the petition in which to file a counter petition with the board.

(2) The employer shall file a counter petition when the employer disagrees with the appropriateness of the proposed unit as described in the petition.

(3) The petition shall contain:

(a) the specifics of the nature of employer's disagreement with the petitioner's proposed appropriate unit;

(b) a detailed description of the employer's proposed appropriate unit;

(c) the number of employees in the employer's proposed unit;

(d) the expiration dates and brief description of any contracts covering any employees in the employer's proposed unit; and

(e) any other relevant facts.

(4) The employer shall serve a copy of the counter petition upon the petitioner.

(5) If an employer fails to file a timely counter petition, the board or its agent shall direct an election after the time for intervention has past provided the board or its agent have determined the unit as described by the petitioner is appropriate under 39-31-202, MCA.

(6) If the board directs an election, and provided the employer has not previously done so, the employer must provide an eligible voter list to the board's agent and the petitioner within five days of the notice of the board directed election. If the eligible voter list is not provided by the employer, then the board or its agent may ask the petitioner to determine the list of eligible voters in consultation with the board or its agent.

History: 39-31-104, MCA; IMP, 39-31-207, MCA; NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

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