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Rule Title: EMPLOYER COUNTER PETITION
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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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24.26.614    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) A board agent shall have five business days to work with the parties to resolve issues raised in the counter petition. If the parties do not reach a resolution within five business days, the board agent shall transfer the counter petition to the Office of Administrative Hearings. A hearing examiner shall conduct an informal expedited hearing and issue a determination within 20 business days of the counter petition's certification by the Office of Administrative Hearings. A hearing examiner may, at the hearing examiner's discretion or upon good cause shown by a party, extend the initial deadline for an additional period not to exceed a total of 30 business days from the counter petition's certification by the Office of Administrative Hearings.

(6) 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.

(7) 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; AMD, 2018 MAR p. 1602, Eff. 8/11/18.


 

 
MAR Notices Effective From Effective To History Notes
24-26-336 8/11/2018 Current 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; AMD, 2018 MAR p. 1602, Eff. 8/11/18.
24-16-248 12/10/2010 8/11/2018 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.
1/1/1994 12/10/2010 History: Sec. 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.
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