New BOPA rule makes public employee union certification easier, no election needed

On December 12, 2019, the Montana Board of Personnel Appeals (BOPA) adopted a new rule permitting the certification of a labor organization as an exclusive collective bargaining representative of Montana public employees without an election. Prior to the rule, the BOPA had required an election before certifying the union, similar to the requirements by the National Labor Relations Board (NLRB) and federal law.

New rule

Under the new BOPA rule, a union representing public employees can now be certified without an election if:

(1)  The number of authorization cards submitted exceeds 50% of the number of employees in the proposed bargaining unit;

(2)  A counterpetition is not filed within 10 days of the date the board mailed the petition for unit determination to the employer; and

(3)  A petition to intervene is not filed within 10 days of the employer posting notice of the unit determination proceeding.

An election is still required when at least 30% to 50% of the number of employees in the proposed bargaining unit submit authorization cards. Less than 30%, the petition for union certification should be dismissed without an election.

For an authorization card to be considered, it must contain the following minimum requirements: