State of Montana Collective Bargaining Agreements: Understanding the Basics

Collective bargaining refers to the process of negotiating and reaching agreements between an employer and a group of employees, represented by a union or other labor organization. These agreements, known as collective bargaining agreements (CBAs), cover a range of employment-related issues, from wages and benefits to job security and working conditions. In the State of Montana, collective bargaining is governed by state law and involves both public and private sectors.

Public Sector Collective Bargaining

In Montana, collective bargaining for public sector employees is governed by the Public Employee Collective Bargaining Act (PECBA), which was enacted in 1975. The PECBA establishes the rights and responsibilities of public employees and employers with regard to collective bargaining, mediation, and impasse resolution. Public sector employees who are covered by the PECBA include state employees, employees of local governments, and employees of public schools and universities.

Under the PECBA, public employees have the right to form and join labor organizations, engage in collective bargaining, and strike (with certain restrictions). Public employers are required to bargain in good faith with employee representatives over wages, hours, working conditions, and other terms and conditions of employment. If the parties are unable to reach an agreement, they may seek the assistance of a mediator or submit their dispute to binding arbitration.

Private Sector Collective Bargaining

In the private sector, collective bargaining is governed by the National Labor Relations Act (NLRA), which was enacted by Congress in 1935. The NLRA establishes the rights of private sector employees to form and join unions, engage in collective bargaining, and strike. It also establishes the rights and responsibilities of employers with regard to collective bargaining and other labor relations issues.

Private sector employees in Montana who are covered by a CBA negotiated between their union and employer are entitled to the terms and conditions outlined in the agreement. If the parties are unable to reach an agreement, or if the CBA has expired, the employees may engage in collective action, including strikes or other forms of protest. Employers are generally prohibited from taking retaliatory action against employees who engage in lawful collective action.

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