24.26.1202    STAY OF INFORMAL ULP INVESTIGATION

(1) If during the course of the informal investigation of the ULP, the board agent determines the charge may be resolved through the final and binding arbitration provisions contained in the applicable CBA, the board agent may issue a recommended order staying the informal investigation.

(2) A party may appeal the board agent's recommended order to stay proceedings by filing an objection with the board agent within 14 days after service of the recommended order.

(3) The board agent shall refer an appeal of the recommended order to stay the informal investigation to a hearing officer pursuant to ARM 24.26.1008.

(4) If the hearing officer affirms and adopts the board agent's recommended order to stay the informal investigation, the stay remains in place until there is a subsequent request to review the stay, or the hearing officer's order staying the informal investigation dissolves by operation of law.

(5) The board agent may dissolve the stay and continue with the informal investigation into the ULP if a party provides a written request to the board agent and a showing of at least one of the following: 

(a) the ULP has not been resolved in a reasonable amount of time; or

(b) the arbitration decision has not resolved the ULP; or

(c) the decision to stay the proceedings was inconsistent with the laws governing collective bargaining in Montana.

(6) A decision by the board's agent to dissolve a stay is not appealable or subject to review.  

History: 39-31-104, 39-32-103, MCA; IMP, 39-31-405, 39-32-112, MCA; NEW, 2020 MAR p. 2422, Eff. 12/25/20.