Montana Code 39-31-308. Initiation of factfinding — designation of fact finder
39-31-308. Initiation of factfinding — designation of fact finder. (1) If, upon expiration of an existing collective bargaining agreement or 30 days following certification or recognition of an exclusive representative, a dispute concerning the collective bargaining agreement exists between the employer and the exclusive representative, either party may petition the board to initiate factfinding.
Terms Used In Montana Code 39-31-308
- 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
- Person: includes one or more individuals, labor organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See Montana Code 39-31-103
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(2)Within 3 days of receipt of such petition, the board shall submit to the parties a list of five qualified, disinterested persons from which the parties shall alternate in striking two names. The remaining person shall be designated fact finder. This process shall be completed within 5 days of receipt of the list. The parties shall notify the board of the designated fact finder.
(3)If no request for factfinding is made by either party before the expiration of the agreement or 30 days following certification or recognition of an exclusive representative, the board may initiate factfinding as provided for in subsection (2) above.