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24.26.1201    ULP COMPLAINT

(1) A ULP may be filed by an employee, a group of employees, a labor organization, or a public employer.

(2) Any ULP must be filed with the board within six months of the alleged unfair labor practice, unless the complainant is a member of the armed forces who was prevented from filing the charge because of serving in the armed forces as described in 39-31-404, MCA, in which case the charge must be filed within six months from the day of the service member's discharge.

(3) A ULP shall be in writing.

(4) The ULP shall be by the complainant or the exclusive representative, and the complaint shall contain the following:

(a) the name, address, and telephone number of the complainant;

(b) the name, address, and telephone number of the party against whom the charge is made;

(c) a clear and concise statement of facts constituting the alleged violation, including the time and place of occurrence of the particular acts; and

(d) a statement of the statute or rules alleged to have been violated.

(5) If an individual employee is filing an unfair labor practice against an employer, the ULP complaint form shall include the signature of the employee's exclusive representative.

(a) If the employee does not have an exclusive representative, the ULP must so state.

(b) If the employee has an exclusive representative, and the ULP complaint form does not contain a signature of the exclusive representative, the complaint must include an explanation about why the exclusive representative is not involved.

(6) A board agent shall conduct an informal investigation of the ULP complaint.


History: 39-31-104, 39-32-103, MCA; IMP, 39-31-401, 39-31-402, 39-31-404, 39-32-109, 39-32-112, MCA; NEW, 2020 MAR p. 2422, Eff. 12/25/20.

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