24.26.556    FREEDOM FROM INTERFERENCE, RESTRAINT, COERCION, OR RETALIATION

(1) If an employee's supervisor, or the agency for which the employee works, directly or indirectly interferes, restrains, coerces or retaliates against an employee because the employee has filed or attempted to file a grievance with the board, the employee shall be entitled to file a complaint with the board.

(2) The complaint shall be in writing and shall contain a clear and concise statement of facts constituting the alleged interference, restraint, coercion or retaliation.

(3) The board shall serve the complaint upon the employee's supervisor or the agency for which the employee works and the supervisor or agency shall have ten days from the date of service of the complaint upon them to respond to the complaint.

(4) After ten days have elapsed from the date of service of the complaint, a board agent shall refer the matter to a hearing officer pursuant to ARM 24.26.250.

(5) If the employee or the department disputes the recommended order of the hearing officer, either party may file exceptions pursuant to ARM 24.26.254 within 20 days of service of the hearing officer's recommended order. 

 

History: 39-31-104, MCA; IMP, 2-18-1011, MCA; NEW, Eff. 7/5/75; AMD, 1984 MAR p. 599, Eff. 4/13/84; TRANS from ARM 24.26.530 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.