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24.25.308    PROCEDURE FOLLOWING FILING OF PETITION FOR NEW UNIT DETERMINATION AND ELECTION

(1) The division shall direct an investigation of all questions and facts concerning the proposed unit, and shall have the following options:

(a) to direct a unit determination hearing within 20 days after time for intervening has passed; or

(b) to dispense with a unit determination hearing at its sole discretion, under the following conditions:

(i) there has been no counter petition filed;

(ii) no intervenors contest the petitioner's proposed unit structure.

(2) After a hearing, the division shall issue its determination of the appropriate unit. If a unit petitioned for is found not to be appropriate, the findings and conclusions shall give specific reasons therefor. If the unit is found to be appropriate, the division shall schedule the election and a pre-election conference at which time challenges for individual inclusions and exclusions shall be made by either party.

History: Sec. 39-32-103 MCA; IMP, 39-32-106 MCA; NEW, 1979 MAR p. 1492-1493, Eff. 11/30/79.

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