24.26.207    DEFINITIONS

(1) "Board" means the Board of Personnel Appeals.

(2) "Board agent" means a person designated by the board to act on its behalf.

(3) "CBA" means a collective bargaining agreement, as defined in 39-31-306, MCA. Any CBA negotiated between a public employer and a labor organization pursuant to Title 39, chapter 31 or 32, MCA, shall be for a duration of a minimum of 12 months.

(4) "Complainant" means a party or authorized lay representative who alleges a ULP by a public employer or labor organization.

(5) "Date of Filing" means the date of receipt by the board.

(6) "Day" means calendar day unless otherwise specified.

(7) "Department" means the Montana Department of Labor and Industry, unless otherwise specified in these rules.

(8) "Department designee" means any person authorized by one of the 20 principal departments within the executive branch, as provided by the constitution, to act on behalf of a department in a personnel matter.

(9) "Department head" means a director, commission, board, commissioner, or constitutional officer in charge of one of the 20 principal departments within the executive branch, as defined in 2-15-102, MCA.

(10) "Employee" means any person employed by the state of Montana, except persons exempted under 2-18-103 and 2-18-104, MCA.

(11) "Ex parte communication" means any communication between a party, or the party's authorized representative, and the board, board member(s), board agent, or hearing officer assigned to the case concerning a fact in dispute or merits of the case. A communication is only considered an ex parte communication once the matter has been referred for a hearing before a hearing officer or the board.

(12) "Excelsior list" means the list of employees who are included in the bargaining unit or proposed bargaining unit when a petition for election is filed with the board. The excelsior list must include the employees' current name, address, phone number, position, and job classification.

(13) "Grievance" means a grievance filed with the board contesting or challenging the operation of the broadband classification and pay plan, Title 2, chapter 18, parts 1 through 3, MCA.

(14) "Grievance form" means the state employee classification and compensation appeal form.

(15) "Hearing officer" means a board agent from the department's Office of Administrative Hearings designated by the board to conduct hearings on matters before the board.

(16) "Party" is any person, labor organization, or employer filing a grievance, appeal, petition, or complaint with the board; any person, labor organization, or employer named as a party in a grievance, appeal, petition, or complaint; or any other person, labor organization, or employer whose timely motion to intervene has been granted.

(17) "Party to an election" means a labor organization or employer.

(18) "Petitioner" means any person, labor organization, or employer who files a petition with the board.

(19) "Probable merit" means supported by substantial competent evidence. It is more than a scintilla of evidence, but it may be less than a preponderance of the evidence.

(20) "Proof of interest" means the confidential authorization cards defined in ARM 24.26.604.

(21) "Question of representation" means there is a question of whether a group of employees support a labor organization or existing exclusive representative to represent the group of employees for collective bargaining purposes.

(22) "Recommended Order" means the order of a hearing officer or other board agent consisting of proposed rulings on motions and evidentiary matters, findings of fact, conclusions of law, and a recommended order.

(23) "Respondent" means any person, labor organization, or employer who is required to respond to a grievance, appeal, petition, or complaint filed with the board.

(24) "State Human Resources Division" means the State Human Resources Division of the Department of Administration, or any successor division or agency.

(25) "ULP" means an unfair labor practices complaint filed with the board alleging an unfair labor practice against a public employer or a labor organization, as defined in 39-31-103(12), 39-31-401, and 39-31-402, MCA.


History: 2-4-201, 39-31-104, 39-32-103, MCA; IMP, 2-4-201, 2-18-1011, 39-31-101, 39-31-103, 39-31-207, 39-31-401, 39-31-402, 39-31-405, 39-32-112, 39-32-113, MCA; NEW, 2011 MAR p. 47, Eff. 12/10/10; AMD, 2020 MAR p. 2422, Eff. 12/25/20.