24.26.643 PETITION FOR DECERTIFICATION
(1) A petition for decertification of an exclusive representative may be filed by an employee, a group of employees, or a labor organization, provided that 12 months have elapsed since the last election.
(2) The petition must be filed during the 30 day window period which starts on the 90th day and ends on the 60th day prior to the termination date of the collective bargaining agreement, or after the terminal date thereof.
(3) A petition seeking decertification of a bargaining unit comprised of employees of school districts, units of the Montana university system, or of a community college may only be filed during January of the year the existing collective bargaining agreement is scheduled to terminate, or after the termination of the existing collective bargaining agreement.
(4) The original petition shall be signed by the petitioner(s) or their authorized representative.
(5) The original petition and three copies of the petition shall be filed with the board.
(6) The petition shall contain:
(a) the name and address of petitioner(s);
(b) a statement that the labor organization that has been certified or is currently being recognized by the employer as bargaining representative no longer represents the interests of the majority of the employees in the unit;
(c) the name of the labor organization, if any, which claims to be the majority representative;
(d) a description of the bargaining unit involved and the approximate number of employees; and
(e) any other relevant facts.
(7) The petition shall be accompanied by proof that 30 percent of the employees in the unit do not desire to be represented by the existing exclusive representative. Proof shall consist of authorization cards, or copies thereof, which have been individually signed and dated within six months of the date of the filing of the petition. The card shall indicate that the signatories do not desire to be represented for collective bargaining purposes by the board-certified or employer-recognized exclusive representative, or that they desire to be represented by the petitioner.
(8) The board shall serve a copy of the petition upon the labor organization(s) concerned, and upon the public employer.
History: 39-31-104, MCA; IMP, 39-31-207, MCA; NEW, Eff. 6/4/74; AMD, Eff. 11/24/76; AMD, 1978 MAR p. 74, Eff. 2/24/78; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2011 MAR p. 1372, Eff. 7/29/11.