24.26.1204    INFORMAL INVESTIGATION OF ULP BY BOARD AGENT

(1) The board agent assigned to investigate the ULP shall serve the complaint on each respondent charged with an unfair labor practice.

(2) The respondent shall file a written response to the complaint with the board within ten days of the board service of the ULP on the respondent.

(3) The board agent shall investigate the ULP and make a written finding of whether there is probable merit to support the ULP. The written finding will include a short summary of the investigation and the reasons for the board agent's determination. The board agent shall serve the finding on all complainants and respondents.

(a) If the board agent determines the ULP is supported by probable merit, the matter shall be set for a hearing before a hearing officer pursuant to ARM 24.26.1208. A minimum of five working days must pass between the date of service of the finding on all parties and the date of the hearing.

(b) If the board agent determines that the ULP is not supported by probable merit, the board agent shall issue a notice of intent to dismiss the ULP complaint.

(4) A party may request review of the notice of intent to dismiss the ULP complaint within ten days of receipt of the notice of intention to dismiss pursuant to ARM 24.26.1206. 

History: 39-31-104, 39-32-103, MCA; IMP, 39-31-405, 39-32-112, MCA; NEW, 2020 MAR p. 2422, Eff. 12/25/20.