Montana Administrative Register Notice 24-26-257 No. 11   06/09/2011    
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In the matter of the amendment of ARM 24.26.643 pertaining to petitions for decertification before the Board of Personnel Appeals







TO:  All Concerned Persons


            1.  On June 30, 2011, at 9:00 a.m., the Board of Personnel Appeals (board) will hold a public hearing in the first floor conference room (room 104) of the Walt Sullivan Building, 1315 East Lockey Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.


2.  The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the board no later than 5:00 p.m. on June 22, 2011, to advise us of the nature of the accommodation that you need.  Please contact the board's agent, the Employment Relations Division, Department of Labor and Industry, Attn: Windy Knutson, 1805 Prospect Ave., Helena, Montana, 59601; telephone (406) 444-0032; fax (406) 444-7071; TDD (406) 444-5549; or e-mail wknutson@mt.gov.


3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


            24.26.643  PETITION FOR DECERTIFICATION  (1)  A petition for decertification of an exclusive representative shall may 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 during the 30 day window period which starts on the 90th day and ends on the 60th day prior to the termination date of the collective bargaining agreement, or upon after the terminal date thereof.

            (3) through (8) remain the same.


AUTH:  39-31-104, MCA

IMP:  39-31-207, MCA


REASON:  There is reasonable necessity to clarify the rule in light of recent disputes regarding the acceptable timing for filing a petition for decertification.  The change clarifies that the Board of Personnel Appeals will accept petitions for decertification after the terminal date of a contract as opposed to only accepting petitions on the terminal date of a collective bargaining agreement.


            4.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Windy Knutson, Employment Relations Division, Department of Labor and Industry, 1805 Prospect Ave., P.O. Box 201503, Helena, Montana, 59620-1503; fax (406) 444-7071; or e-mail wknutson@mt.gov, and must be received no later than 5:00 p.m., July 8, 2011.


5.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


6.  The board and the Department of Labor and Industry (department) maintain lists of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the lists shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the Department of Labor and Industry, Attn: Mark Cadwallader, 1315 East Lockey Ave., P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-1394, e-mailed to mcadwallader@mt.gov, or may be made by completing a request form at any rules hearing held by the agency.


7.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


8.  The department's Hearings Bureau has been designated to preside over and conduct the hearing.



/s/  MARK CADWALLADER                       /s/  JACK HOLSTROM

Mark Cadwallader                                        Chair

Alternate Rule Reviewer                               Board of Personnel Appeals

                                                                        Department of Labor and Industry




Keith Kelly


Department of Labor and Industry


Certified to the Secretary of State May 31, 2011


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