HOUSE BILL NO. 312

INTRODUCED BY K. GALVIN-HALCRO

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING BINDING ARBITRATION FOR ALL PUBLIC EMPLOYERS; AMENDING SECTION 39-31-306, MCA; AND PROVIDING AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 39-31-306, MCA, is amended to read:

"39-31-306. Collective bargaining agreements. (1) An agreement reached by the public employer and the exclusive representative must be reduced to writing and must be executed by both parties.

(2) An agreement between the public employer and a labor organization must be valid and enforced under its terms when entered into in accordance with the provisions of this chapter and signed by the chief executive officer of the state or political subdivision or commissioner of higher education or by a representative. A publication of the agreement is not required to make it effective.

(3) The procedure for the making of an agreement between the state or political subdivision and a labor organization provided by this chapter is the exclusive method of making a valid agreement for public employees represented by a labor organization.

(4) An agreement to which a public employer is a party must contain a grievance procedure culminating in final and binding arbitration of unresolved and disputed interpretations of agreements. The aggrieved party may have the grievance or disputed interpretation of the agreement resolved either by final and binding arbitration or by any other available legal method and forum, but not by both. After a grievance has been submitted to arbitration, the grievant and the exclusive representative waive any right to pursue against the public employer an action or complaint that seeks the same remedy. If a grievant or the exclusive representative files a complaint or other action against the public employer, arbitration seeking the same remedy may not be filed or pursued under this section."

NEW SECTION. Section 2. Applicability. [This act] applies to agreements entered into on or after October 1, 1999.

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