Montana's Collective Bargaining Act
What law gives state employees the right to bargain?
The Public Employees Collective Bargaining Act 39-31-101 through 39-31-409, MCA), patterned after the National Labor Relations Act, was enacted in 1973. The law encourages "the practice and procedure of collective bargaining to arrive at friendly adjustment of all disputes between state government and its employees." It gives public employees the right of self-organization, "to form, join, or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours, fringe benefits, and other conditions of employment, and to engage in other concerted activities for the purpose of collective bargaining..."
What's the difference between a "union" and a "bargaining unit?"
The term "union" is synonymous with "labor organization." Labor organization under Montana law 39-31-103 (6), MCA, "means any organization or association of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment." A "bargaining unit" means a group of employees banded together for collective bargaining purposes. The Montana Board of Personnel Appeals is responsible for designating appropriate bargaining units and administering elections to certify labor organizations as exclusive agents of bargaining units. A majority of voting employees within a bargaining unit will determine which union, if any, represents them in collective bargaining matters. Unions typically represent several different bargaining units.
Tags: Labor Relations and FAQ