Rule 24.26.650 - PETITIONS TO AMEND CERTIFICATION OF EXCLUSIVE REPRESENTATIVE(1) A petition to amend the certification of an exclusive representative may be filed by a labor organization when there is no question of representation and one of the following reasons exists: (a) to reflect a change in name or affiliation of the exclusive representative; or(b) a change in name of the employer.(2) Petitions to affiliate exclusive representatives of bargaining units with other labor organizations shall show that members of the bargaining unit were afforded due process and will have continuity of representation. (a) Due process in the affiliation process shall be demonstrated by a showing that members of the bargaining unit were: (i) given notice of the impending affiliation vote;(ii) given an opportunity to discuss the proposed affiliation at a meeting prior to voting; and(iii) permitted to vote by secret ballot on the affiliation question.(b) Continuity of representation shall be demonstrated by a showing that: (i) there will be a continuation of bargaining unit autonomy;(ii) local officers will be retained;(iii) financial arrangements are not substantially different under the affiliation than before; and(iv) procedures regulating grievance handling, voting and by-law changes are continued.(3) The board will conduct an investigation upon receipt of the petition and will issue an amendment to the certification or will deny the petition.Mont. Admin. r. 24.26.650
NEW, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2001 MAR p. 446, Eff. 3/23/01.39-31-104, MCA; IMP, 39-31-207, MCA;