Terms Used In Montana Code > Title 39 > Chapter 31 > Part 4 - Unfair Labor Practices

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Board: means the board of personnel appeals provided for in 2-15-1705. See Montana Code 39-31-103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exclusive representative: means the labor organization which has been designated by the board as the exclusive representative of employees in an appropriate unit or has been so recognized by the public employer. See Montana Code 39-31-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Labor organization: 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. See Montana Code 39-31-103
• Person: includes one or more individuals, labor organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See Montana Code 39-31-103
• Public employer: means the state of Montana or any political subdivision thereof, including but not limited to any town, city, county, district, school board, board of regents, public and quasi-public corporation, housing authority or other authority established by law, and any representative or agent designated by the public employer to act in its interest in dealing with public employees. See Montana Code 39-31-103
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Unfair labor practice: means any unfair labor practice listed in 39-31-401 or 39-31-402. See Montana Code 39-31-103
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Writing: includes printing. See Montana Code 1-1-203