Montana Code 39-31-309. Factfinding proceedings
39-31-309. Factfinding proceedings. (1) The fact finder shall immediately establish dates and place of hearings.
Terms Used In Montana Code 39-31-309
- 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
- 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
(2)The public employer and the exclusive representative are the only proper parties to factfinding proceedings.
(3)Upon request of either party or the fact finder, the board shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths.
(4)Upon completion of the hearings, but no later than 20 days from the date of appointment, the fact finder shall make written findings of facts and recommendations for resolution of the dispute and shall serve the findings on the public employer and the exclusive representative. The fact finder may make this report public 5 days after it is submitted to the parties. If the dispute is not resolved 15 days after the report is submitted to the parties, the report must be made public.
(5)When a party petitions the board to initiate factfinding, the cost of factfinding proceedings must be equally borne by the parties. When the board initiates factfinding, the cost of factfinding proceedings must be equally borne by the board and the parties.
(6)Nothing in 39-31-307 through 39-31-310 prohibits the fact finder from endeavoring to mediate the dispute in which the fact finder has been selected or appointed.