AN ACT ALLOWING THE PUBLIC EMPLOYER REPRESENTATIVE TO PETITION BOARD OF PERSONNEL APPEALS TO REDETERMINE THE APPROPRIATE UNIT FOR COLLECTIVE BARGAINING IN THE EVENT THAT A STATE AGENCY OR FACILITY OF A STATE AGENCY UNDERGOES SIGNIFICANT REORGANIZATION; PROHIBITING THE BOARD FROM DESIGNATING A FORMERLY UNDESIGNATED LABOR ORGANIZATION AS THE EXCLUSIVE BARGAINING AGENT IN THE ABSENCE OF A PETITION FOR DESIGNATION; AMENDING SECTION 39-31-202, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

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

Section 1. Section 39-31-202, MCA, is amended to read:

"39-31-202. Board to determine appropriate bargaining unit -- factors to be considered. (1) In order to ensure employees the fullest freedom in exercising the rights guaranteed by this chapter, the board or an agent of the board shall decide the unit appropriate for the purpose of collective bargaining and shall consider such factors as community of interest, wages, hours, fringe benefits, and other working conditions of the employees involved, the history of collective bargaining, common supervision, common personnel policies, extent of integration of work functions and interchange among employees affected, and the desires of the employees.

(2) If a state agency or facility of a state agency is reorganized to the extent that the reorganization results in substantial changes to the factors listed in subsection (1), the public employer representative, as provided in 39-31-301, may petition the board to make a new determination of the appropriate unit for the purpose of collective bargaining. In making this determination, the board shall take into account the consequences of the reorganization on each position in the affected agency or facility.

(3) Unless the board has received a petition, as provided in 39-31-207, to consider a collective bargaining unit that was not designated as an appropriate unit prior to the reorganization described in subsection (2), the board may not consider any labor organization that was not designated to represent employees of the affected agency or facility at the time that the reorganization became effective."

Section 2. Effective date. [This act] is effective on passage and approval.

- END -

I hereby certify that the within bill,

HB 0474, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 474

INTRODUCED BY C. HIBBARD, H. HARPER, C. AHNER, G. BECK, T. BECK, C. CHRISTIAENS,

R. CLARK, B. CRIPPEN, D. EWER, K. GALVIN-HALCRO, D. GRIMES, M. HALLIGAN, J. HARP,

D. HARRINGTON, S. KITZENBERG, J. LYNCH, L. MCCULLOCH, R. MENAHAN, K. OHS, D. SHEA,

C. SQUIRES, B. WILSON

AN ACT ALLOWING THE PUBLIC EMPLOYER REPRESENTATIVE TO PETITION BOARD OF PERSONNEL APPEALS TO REDETERMINE THE APPROPRIATE UNIT FOR COLLECTIVE BARGAINING IN THE EVENT THAT A STATE AGENCY OR FACILITY OF A STATE AGENCY UNDERGOES SIGNIFICANT REORGANIZATION; PROHIBITING THE BOARD FROM DESIGNATING A FORMERLY UNDESIGNATED LABOR ORGANIZATION AS THE EXCLUSIVE BARGAINING AGENT IN THE ABSENCE OF A PETITION FOR DESIGNATION; AMENDING SECTION 39-31-202, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.