(1) When a dispute exists between a public employer and a labor organization over the meaning, interpretation or application of an existing collective bargaining agreement, the parties may request grievance mediation. The board, in its discretion, may designate a qualified labor mediator to mediate the dispute under the following conditions:
- (a) the parties mutually agree to the request;
- (b) the parties mutually agree to the conditions set by the board; and
- (c) the parties mutually agree to waive the applicable time limitations in the collective bargaining agreement's grievance procedure.
- (2) Matters disclosed to the mediator by the parties during the course of mediation shall be confidential and shall not be divulged unless approved by both parties to the dispute.
- (3) In the event the dispute goes to arbitration, the mediator may not be called as a witness or otherwise called to divulge information or settlement offers which may have been discussed during mediation.
Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-306, 39-31-307, 39-32-112, MCA
History: NEW, 1993 MAR p. 3026, Eff. 1/1/94; TRANS from ARM 24.26.695A and AMD, 2020 MAR p. 2422, Eff. 12/25/20.