MYTH: University administrators decide who is in and who is out of each union.
FACT: Union affiliation is determined in accordance with the unit determination. University administration may not deviate from the approved unit determination unless negotiations between the union and the University System result in agreement to add or delete positions. When each union initially submitted a petition signed by interested employees to the State Board of Personnel Appeals (in some instances more than 30 years ago), that Board determined the appropriate bargaining unit by considering: community of interest, wages, hours, fringe benefits, and other working conditions of employees involved, the history of collective bargaining, common supervision, common personnel policies, extent of integration of work functions and interchange among employees affected, and the desires of the employees. (§39-31-202, M.C.A.) The Board of Personnel Appeals then conducted an election of the appropriate groups of employees.
Note: The Board of Personnel Appeals is a five member quasi-judicial board charged with providing appellate level review for matters involving the Collective Bargaining Act for Public Employees. The Board also serves as the appellate board for grievances involving Fish, Wildlife and Parks and Department of Transportation employees as well as wage and classification appeals by employees of the State of Montana.