Montana Code 39-32-109. Unfair labor practices
39-32-109. Unfair labor practices. (1) It is an unfair labor practice for a health care facility to do one or more of the following:
Terms Used In Montana Code 39-32-109
- Employee: means a registered professional or licensed practical nurse performing services for compensation for a health care facility, but does not include a member of a religious order assigned to a health care facility by the order as a part of the member's obligation to the order. See Montana Code 39-32-102
- Health care facility: means a hospital or nursing home or other agency or establishment employing employees, whether operated publicly or privately, having as one of its principal purposes the preservation of health, the care of sick or infirm individuals, or both. See Montana Code 39-32-102
- Writing: includes printing. See Montana Code 1-1-203
(a)interfere with or restrain or coerce employees in any manner in the exercise of their right of self-organization;
(b)initiate, create, dominate, contribute to, or interfere with the formation or administration of any employee organization that has collective bargaining as one of its principal functions;
(c)discriminate in regard to hire terms or conditions of employment when a purpose is to discourage membership in an employee organization that has collective bargaining as one of its principal functions;
(d)refuse to meet and bargain in good faith with the designated representatives of an appropriate bargaining unit of its employees. For the purpose of this subsection (1)(d), it is a requirement of bargaining in good faith that the parties be willing to reduce to writing and have their representative sign any agreement arrived at through negotiations and discussion.
(e)unilaterally exclude from work or prevent from working or discharge any one or more employees when the purpose of the action is in whole or in part to interfere with or coerce or intimidate an employee in the exercise of rights ensured in this law.
(2)It is an unfair labor practice for a labor organization or its agents to:
(a)restrain or coerce employees in the exercise of the right to:
(i)form, join, or assist any labor organization;
(ii)bargain collectively through representatives of their own choosing; or
(iii)engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection;
(b)restrain or coerce an employer in the selection of a representative for the purpose of collective bargaining or the adjustment of grievances;
(c)refuse to bargain collectively in good faith with an employer if it has been designated as the exclusive representative of employees;
(d)use agency shop fees for contributions to political candidates or parties.