Montana Code 39-31-401. Unfair labor practices of public employer
39-31-401. Unfair labor practices of public employer. It is an unfair labor practice for a public employer to:
Terms Used In Montana Code 39-31-401
- 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.
- 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
- 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
- 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
- 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
(1)interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201;
(2)dominate, interfere, or assist in the formation or administration of any labor organization. However, subject to rules adopted by the board under 39-31-104, an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.
(3)discriminate in regard to hire or tenure of employment or any term or condition of employment in order to encourage or discourage membership in any labor organization;
(4)discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this chapter; or
(5)refuse to bargain collectively in good faith with an exclusive representative.