39-31-206. Labor organization to guarantee certain rights and safeguards prior to certification or recognition. (1) Certification or recognition as an exclusive representative shall be extended or continued, as the case may be, only to a labor or employee organization the written bylaws of which provide for and guarantee the following rights and safeguards and whose practices conform to such rights and safeguards as:

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Terms Used In Montana Code 39-31-206

  • Board: means the board of personnel appeals provided for in 2-15-1705. See Montana Code 39-31-103
  • Exclusive representative: means the labor organization which has been designated by the board as the exclusive representative of employees in an appropriate unit or has been so recognized by the public employer. See Montana Code 39-31-103
  • Fiduciary: A trustee, executor, or administrator.

(a)provisions are made for democratic organization and procedures;

(b)elections are conducted pursuant to adequate standards and safeguards;

(c)controls are provided for the regulation of officers and agents having fiduciary responsibility to the organization; and

(d)requirements exist for maintenance of sound accounting and fiscal controls, including annual audits.

(2)The board shall hear and decide all disputes arising under subsection (1).