Rule 24.26.1042 - PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT(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: (a) there is no question concerning representation; and(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(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 (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) A UC petition shall contain the following:(a) the identification and description of the existing bargaining unit;(b) a description of the proposed clarification of the unit;(c) the job classification(s) of employees as to whom the clarification issue is raised, and the number of employees on each such classification ; (d) a statement setting forth the reason why the petitioner desires a clarification of the unit;(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(f) a brief and concise statement of any other relevant facts.Mont. Admin. r. 24.26.1042
NEW, 2020 MAR p. 2422, Eff. 12/25/20.AUTH: 39-31-104, 39-32-103, MCA; IMP, 39-31-202, 39-31-207, 39-32-113, MCA