Montana Code 39-31-207. Petition on representation question — investigation by board — hearing
39-31-207. Petition on representation question — investigation by board — hearing. (1) The board or an agent of the board shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, it shall provide for an appropriate hearing upon due notice whenever, in accordance with such rules as may be prescribed by the board, a petition has been filed:
Terms Used In Montana Code 39-31-207
- Appropriate unit: means a group of public employees banded together for collective bargaining purposes as designated by the board. See Montana Code 39-31-103
- Board: means the board of personnel appeals provided for in 2-15-1705. See Montana Code 39-31-103
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Labor organization: means any organization or association of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment. See Montana Code 39-31-103
- Public employer: means the state of Montana or any political subdivision thereof, including but not limited to any town, city, county, district, school board, board of regents, public and quasi-public corporation, housing authority or other authority established by law, and any representative or agent designated by the public employer to act in its interest in dealing with public employees. See Montana Code 39-31-103
(a)by an employee or group of employees or any labor organization acting in their behalf alleging that 30% of the employees:
(i)wish to be represented for collective bargaining by a labor organization as exclusive representative; or
(ii)assert that the labor organization which has been certified or is currently being recognized by the public employer as bargaining representative is no longer the representative of the majority of employees in the unit; or
(b)by the public employer alleging that one or more labor organizations have presented to it a claim to be recognized as the exclusive representative in an appropriate unit.
(2)In this hearing, the board is not bound by common law and statutory rules of evidence.