24.26.1078    NOTICE OF ELECTION

(1) Within five days after an election is directed, but not before the pre-election conference, the board agent shall distribute a notice of election to the parties. This notice of election will specify:

(a) whether the election will be by mail or held on-site;

(i) for an on-site election, the notice shall specify the location and date of the election; or

(ii) for a mail-ballot election, the notice shall specify the date ballots will be mailed, the location for returning ballots, the deadline for returning ballots, and the date ballots shall be counted which is the date of the election;

(b) a description of the unit;

(c) rules concerning eligibility to vote;

(d) a sample ballot; and

(e) any additional information and instruction the board agent considers appropriate.

(2) The board agent shall send copies of the notice of election and the sample ballot to all labor organizations appearing on the ballot and to the public employer.

(3) The public employer shall post the notice of election and the sample ballot in a conspicuous manner at work locations where notices are normally posted for the benefit of employees in the appropriate unit as follows:

(a) for an on-site election, the notice of election shall be posted for a minimum of five working days prior to the election; or

(b) for a mail-ballot election, the notice of election shall be posted for a minimum of fifteen days prior to the date of the election.

(4) If employees do not work in a central location, the employer shall disseminate the notice to all affected employees, consistent with typical business practices for disseminating information.

(5) The employer shall confirm in writing to the board that it has received, posted, and or disseminated the notice, and the employer shall continue posting of the notice for the required period of time in (3).  

History: 39-31-104, 39-32-103, MCA; IMP, 39-31-208, 39-32-113, MCA; NEW, 2020 MAR p. 2422, Eff. 12/25/20.