Montana Code Annotated

Mont. Code Ann. § 39-31-101 (2026)

Policy

✓ current as of May 2026
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TITLE 39. LABOR

CHAPTER 31. COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES

Part 1. General Provisions

Policy

39-31-101. Policy. In order to promote public business by removing certain recognized sources of strife and unrest, it is the policy of the state of Montana to encourage the practice and procedure of collective bargaining to arrive at friendly adjustment of all disputes between public employers and their employees.

History: En. Sec. 1, Ch. 441, L. 1973; R.C.M. 1947, 59-1601.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1979–2024 · leading case: City of Billings v. Billings Firefighters Local No. 521, 651 P.2d 627 (Mont. 1982).
City of Billings v. Billings Firefighters Local No. 521, 651 P.2d 627 (Mont. 1982). · cites it 6× “Section 39-31-101, MCA, states the policy: "XX-XX-XXX.”
Small v. McRae, 651 P.2d 982 (Mont. 1982). · cites it 6× “In support of this argument the respondent points out that, as a member of the collective bargaining unit, the appellant agreed to exercise the grievance procedure to settle all disputes alleging breach, misinterpretation or improper application of the terms found in the…”
Great Falls Tribune Co. v. Great Falls Pub. Schs., 841 P.2d 502 (Mont. 1992). · cites it 6× “Section 39-31-101, MCA. I conclude that the unplanned result of the majority opinion is the elimination of friendly adjustment of disputes by means of collective bargaining.”
Brinkman v. State, 729 P.2d 1301 (Mont. 1986). · cites it 6× “Section 39-31-101, MCA, enacted to establish the official state policy on collective bargaining, states: In order to promote public business by removing certain recognized sources of strife and unrest, it is the policy of the state of Montana to encourage the practice and…”
Chipman v. Nw. Healthcare Corp., 14 MT 15 (Mont. 2014). · cites it 4× “See § 39-31-101, MCA, et seq. There is no statutory or case law in Montana supporting blanket group employment contracts.”
Missoula Cnty. High Sch. Educ. Ass'n v. Bd. of Trs., 857 P.2d 696 (Mont. 1993). · cites it 8× “The Association then contends that if the Board is not required to submit a grievance to arbitration, Montana's policy of encouraging collective bargaining to arrive at "friendly adjustment" of disputes between public employers and their employees, codified in § 39-31-101, MCA,…”
Jefferson Cnty. Bd. of Educ. v. Jefferson Cnty. Educ. Ass'n, 393 S.E.2d 653 (W. Va. 1990). “1985); Mont.Code Ann. §§ 39-31-101 to -409 (1983); Or.”
Mashek v. Dep't of Pub. Health & Human Servs., 2016 MT 86 (Mont. 2016). · cites it 2× “Section 39-31-305(1), MCA; see also § 39-31-101, MCA (“[I]t is the policy of the state of Montana to encourage the practice and procedure of collective bargaining to arrive at friendly adjustment of all disputes between public employers and their employees.”
Winchester v. Mountain Line, 1999 MT 134 (Mont. 1999). “risdiction over the matter so that the Board could hear the case if the dispute was not resolved within a reasonable time pursuant to the arbitration procedure set out in the CBA, if the arbitral procedure was not fair, or if the arbitrators reached a result which was repugnant…”
Bonner Sch. Dist. No. 14 v. Bonner Educ. Ass'n, 2008 MT 9 (Mont. 2008). · cites it 11× “*104 ¶24 We hold that teacher transfers and reassignments constitute “other conditions of employment” as contemplated by § 39-31-305(2), MCA. This interpretation comports with the policy goals pronounced by the legislature in enacting the collective bargaining statutes.”
Bd. of Trs. of Billings Sch. Dist. No. 2 v. State ex rel. Bd. of Pers. Appeals & Billings Educ. Ass'n, 604 P.2d 770 (Mont. 1979). · cites it 3× “” Section 39-31-101, MCA. It must be noted, as it was in Federal-Mogul, that the courts are attempting to balance competing interests.”
City of Great Falls v. Young ex rel. Constr. & Gen. Laborers' Local No. 1334, 686 P.2d 185 (Mont. 1984). “and affirmed by the Board is proper? (3) Whether the Woolworth formula used to calculate the amount of back pay owed Young is appropriate for this case? (4) Whether the Florida Steel formula used to calculate the amount of interest awarded on back pay is appropriate in light of…”
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