1. (1) The public employer or exclusive representative of the bargaining unit in question may file a unit clarification petition (UC petition) under the following circumstances:

   1. (a) there is no question concerning representation; and
   2. (b) the parties to the CBA are neither engaged in negotiations nor within 120 days of the expiration date of the CBA, unless the parties mutually agree to permit the petition; and
   3. (c) a UC petition has not been filed with the board concerning substantially the same unit within the past 12 months immediately preceding the filing of the UC petition; and
   4. (d) no election has been held in substantially the same unit within the past 12 months immediately preceding the filing of the UC petition.

2. (2) A UC petition shall contain the following:

   1. (a) the identification and description of the existing bargaining unit;
   2. (b) a description of the proposed clarification of the unit;
   3. (c) the job classification(s) of employees as to whom the clarification issue is raised, and the number of employees on each such classification;
   4. (d) a statement setting forth the reason why the petitioner desires a clarification of the unit;
   5. (e) a statement that no other employee organization is certified to represent any of the employees who would be directly affected by the proposed clarification; and
   6. (f) a brief and concise statement of any other relevant facts.

Authorizing statute(s): 39-31-104, 39-32-103, MCA

Implementing statute(s): 39-31-202, 39-31-207, 39-32-113, MCA

History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.