Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 31. COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES · Part 4. Unfair Labor Practices
Montana Code Annotated

Mont. Code Ann. § 39-31-401 (2026)

Unfair Labor Practices Of Public Employer

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 31
  4. Part 4
  5. 39-31-401 Unfair labor practices of public employer

TITLE 39. LABOR

CHAPTER 31. COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES

Part 4. Unfair Labor Practices

Unfair Labor Practices Of Public Employer

39-31-401. Unfair labor practices of public employer. It is an unfair labor practice for a public employer to:

(1) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201;

(2) dominate, interfere, or assist in the formation or administration of any labor organization. However, subject to rules adopted by the board under 39-31-104, an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.

(3) discriminate in regard to hire or tenure of employment or any term or condition of employment in order to encourage or discourage membership in any labor organization;

(4) discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this chapter; or

(5) refuse to bargain collectively in good faith with an exclusive representative.

History: En. Sec. 5, Ch. 441, L. 1973; amd. Sec. 1, Ch. 36, L. 1975; amd. Sec. 1, Ch. 97, L. 1975; amd. Sec. 2, Ch. 384, L. 1975; R.C.M. 1947, 59-1605(1); amd. Sec. 34, Ch. 397, L. 1979; amd. Sec. 1514, Ch. 56, L. 2009; amd. Sec. 1, Ch. 233, L. 2021.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1979–2025 · leading case: Young v. City of Great Falls, 646 P.2d 512 (Mont. 1982).
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Young v. City of Great Falls, 646 P.2d 512 (Mont. 1982). · cites it 21× “Section 39-31-403, MCA provides that violation of section 39-31-401, MCA, the charge stated here, in an unfair labor practice remediable by the Board.”
Savage Educ. Ass'n v. Trs. of Richland Cnty. Elementary Dist. 7, 692 P.2d 1237 (Mont. 1984). · cites it 10× “Failure to submit to arbitration was an unfair labor practice as defined in § 39-31-401, MCA. The arbitrator followed the directive of this Court in Savage I.”
Savage Pub. Schs. v. Savage Educ. Ass'n, 647 P.2d 833 (Mont. 1982). · cites it 12× “The Board had found that the School District had committed an unfair labor practice in violation of section 39-31-401(5), MCA, by its refusal to submit a grievance to arbitration.”
Wholey v. Roebuck, 803 A.2d 482 (Md. 2002). “)(state employees); Mont.Code Ann. § 39-31-401 (2001)(state employees); Nev.”
Missoula Cnty. High Sch. Educ. Ass'n v. Bd. of Trs., 857 P.2d 696 (Mont. 1993). · cites it 6× “First, an alleged violation of the Board's duty to bargain is not properly resolved by arbitration, the remedy sought here by the Association. Alleged violations of the duty to bargain collectively are subject to procedures and remedies set forth in the unfair labor practices…”
Mashek v. Dep't of Pub. Health & Human Servs., 2016 MT 86 (Mont. 2016). · cites it 3× “Section 39-31-401, MCA. Similarly, they can file an unfair labor practice complaint against the union if the union breaches its duty to bargain in good faith on the members’ behalf.”
Winchester v. Mountain Line, 1999 MT 134 (Mont. 1999). · cites it 2× “Winchester also claimed that Mountain Line committed unfair labor practices under § 39-31-401, MCA, which provides in pertinent part: It is an unfair labor practice for a public employer to: (1) interfere with, restrain, or coerce employees in the exercise of the rights…”
City/Cnty. of Butte-Silver Bow v. Montana State Bd., 732 P.2d 835 (Mont. 1987). · cites it 12× “The District Court upheld a decision by the Montana Board of Personnel Appeals that the City/County of Butte-Silver Bow refused to abide by the parties’ collective bargaining agreement in violation of Section 39-31-401(5), MCA. We reverse and remand.”
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 8× “This violates her rights under section 39-31-401, MCA. We reach this decision without imputing knowledge to the trustees.”
Ekalaka Unified Bd. of Trs. v. Ekalaka Teachers' Ass'n, 2006 MT 337 (Mont. 2006). · cites it 5× “BOPA continued that “[b]y agreeing to pay the pre-employment incentive to Savage without bargaining with the Ekalaka Teachers’ Association, the Ekalaka Unified Board of Trustees and Wade Northrop unilaterally changed Savage’s compensation under the collective bargaining…”
Missoula Cnty. High Sch. Dist. v. Bd. of Pers. Appeals, 727 P.2d 1327 (Mont. 1986). · cites it 48× “Section 39-31-401, MCA, provides in part: It is an unfair labor practice for a public employer to: (1) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201; ( 3 ) discriminate in regard to hire or tenure of employment or any term or…”
Bonner Sch. Dist. No. 14 v. Bonner Educ. Ass'n, 2008 MT 9 (Mont. 2008). · cites it 6× “BEA alleged that the District violated §§ 39-31-401 and 39-31-305(2) MCA, by refusing to bargain in good faith with respect to a condition of employment.”
Show all 17 citing cases →
— Mont. Code Ann. § 39-31-401(1) — 7 cases
Young v. City of Great Falls, 646 P.2d 512 (Mont. 1982). “Section 39-31-403, MCA provides that violation of section 39-31-401, MCA, the charge stated here, in an unfair labor practice remediable by the Board.”
McBroom v. MT Bd. of Pers., 2025 MT 64 (Mont. 2025).
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). “This violates her rights under section 39-31-401, MCA. We reach this decision without imputing knowledge to the trustees.”
Missoula Cnty. High Sch. Dist. v. Bd. of Pers. Appeals, 727 P.2d 1327 (Mont. 1986). “Section 39-31-401, MCA, provides in part: It is an unfair labor practice for a public employer to: (1) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201; ( 3 ) discriminate in regard to hire or tenure of employment or any term or…”
Young v. City of Great Falls (Mont. 1982).
— Mont. Code Ann. § 39-31-401(3) — 5 cases
Young v. City of Great Falls, 646 P.2d 512 (Mont. 1982). “Section 39-31-403, MCA provides that violation of section 39-31-401, MCA, the charge stated here, in an unfair labor practice remediable by the Board.”
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). “This violates her rights under section 39-31-401, MCA. We reach this decision without imputing knowledge to the trustees.”
Missoula Cnty. High Sch. Dist. v. Bd. of Pers. Appeals, 727 P.2d 1327 (Mont. 1986). “Section 39-31-401, MCA, provides in part: It is an unfair labor practice for a public employer to: (1) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201; ( 3 ) discriminate in regard to hire or tenure of employment or any term or…”
Bd. of Trs. v. State Ex Rel. (Mont. 1979).
Young v. City of Great Falls (Mont. 1982).
— Mont. Code Ann. § 39-31-401(4) — 2 cases
Young v. City of Great Falls, 646 P.2d 512 (Mont. 1982). “Section 39-31-403, MCA provides that violation of section 39-31-401, MCA, the charge stated here, in an unfair labor practice remediable by the Board.”
Young v. City of Great Falls (Mont. 1982).
— Mont. Code Ann. § 39-31-401(5) — 6 cases
Savage Pub. Schs. v. Savage Educ. Ass'n, 647 P.2d 833 (Mont. 1982). “The Board had found that the School District had committed an unfair labor practice in violation of section 39-31-401(5), MCA, by its refusal to submit a grievance to arbitration.”
Savage Educ. Ass'n v. Trs. of Richland Cnty. Elementary Dist. 7, 692 P.2d 1237 (Mont. 1984). “Failure to submit to arbitration was an unfair labor practice as defined in § 39-31-401, MCA. The arbitrator followed the directive of this Court in Savage I.”
Missoula Cnty. High Sch. Educ. Ass'n v. Bd. of Trs., 857 P.2d 696 (Mont. 1993). “First, an alleged violation of the Board's duty to bargain is not properly resolved by arbitration, the remedy sought here by the Association. Alleged violations of the duty to bargain collectively are subject to procedures and remedies set forth in the unfair labor practices…”
City/Cnty. of Butte-Silver Bow v. Montana State Bd., 732 P.2d 835 (Mont. 1987). “The District Court upheld a decision by the Montana Board of Personnel Appeals that the City/County of Butte-Silver Bow refused to abide by the parties’ collective bargaining agreement in violation of Section 39-31-401(5), MCA. We reverse and remand.”
Ekalaka Unified Bd. of Trs. v. Ekalaka Teachers' Ass'n, 2006 MT 337 (Mont. 2006). “BOPA continued that “[b]y agreeing to pay the pre-employment incentive to Savage without bargaining with the Ekalaka Teachers’ Association, the Ekalaka Unified Board of Trustees and Wade Northrop unilaterally changed Savage’s compensation under the collective bargaining…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.