24.26.695 INTEREST MEDIATION
(1) When a dispute over the negotiation of a collective bargaining agreement exists between the public employer and a labor organization after a reasonable period of negotiation or upon expiration of the collective bargaining agreement, either or both of the parties shall file a written petition with the board for interest mediation. The original of the petition shall be signed by the petitioner or the authorized representative. The petitioner shall serve a copy of the petition simultaneously upon any party named in the petition. The petition shall contain:
(a) the name, address, and telephone number of the petitioner or authorized representative;
(b) the name, address, and telephone number of the public employer;
(c) a description of the unit involved;
(d) the name, address, and telephone number of the recognized or certified labor organization and authorized representative thereof;
(e) a description of the dispute in detail;
(f) a statement as to what assistance is requested; and
(g) a statement indicating if the request is unilateral or joint.
(2) A petition may be withdrawn with the consent of the board.
(3) Upon petition for interest mediation, the board shall designate a qualified labor mediator who is an agent of the board to mediate the dispute. Upon the written request of both parties, the board may instead request a mediator from the federal mediation and conciliation service, if one is available.
(4) 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.
(5) The mediator shall not produce any confidential records or testimony with regard to any mediation 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. (6) 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: 39-31-104, MCA; IMP, 39 31-307, 39-31-308, MCA; NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026 and 2017 MAR p. 187, Eff. 1/1/94