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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) Except as provided in subsection (5), an agreement may contain a grievance procedure culminating in final and
binding arbitration of unresolved grievances and disputed interpretations of agreements. (3)(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. (4)(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. (5)(4) An agreement to which a school 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 school 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 school 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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Latest Version of HB 312 (HB0312.01)
Processed for the Web on January 18, 1999 (12:27PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill| 1999 Session | Leg. Branch Home
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