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(1) A petition for decertification of an exclusive representative shall be filed by an employee, a group of employees, or a labor organization, provided that 12 months have elapsed since the last election.

(2) The petition must be filed not more than 90 days before, and not less than 60 days before the termination date of the previous collective bargaining agreement, or upon the terminal date thereof. A contract whose duration is more than two years shall not be a bar to a decertification proceeding after the expiration of the second year.

(3) The original petition shall be signed by the petitioner(s) or their authorized representative.

(4) The original petition and five copies of the petition shall be filed with the division.

(5) The petition shall contain:

(a) the name and address of petitioner(s) ;

(b) a statement that the labor organization that has been certified or is currently being recognized by the employer as bargaining representative no longer represents the interests of the majority of the employees in the unit;

(c) the name of the labor organization, if any, which claims to be the majority representative;

(d) a description of the bargaining unit involved and the approximate number of employees; and

(e) any other relevant facts.

(6) The petition shall be accompanied by proof that 30 percent of the employees in the unit do not desire to be represented by the existing exclusive representative. This proof will consist of authorization cards, or copies thereof, which have been individually signed and dated within six months prior to the filing of the petition.

(7) The division shall serve a copy of the petition upon the labor organization(s) concerned, and upon the employer.

History: Sec. 39-32-103 MCA; IMP, 39-32-108 (3) MCA; NEW, 1979 MAR 1492-1493, Eff. 11/30/79.

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