MINUTES OF THE MEETING LABOR AND EMPLOYMENT RELATIONS COMMITTEE MONTANA STATE SENATE February 12, 1985 The eleventh meeting of the Senate Labor and Employment Relations committee was called to order by Chairman J. D. Lynch at the hour of 1:00 p.m. in Room 413/415 of the State Capitol. ROLL CALL: All members were present. CONSIDERATION OF STATEMENT OF INTENT TO SENATE BILL 194: Senator Manning moved the Statement of Intent on Senate Bill 194 be attached with the Standing Committee Report. The motion carried unanimously. CONSIDERATION OF SENATE BILL 341: Chairman Lynch called on Senator Haffey, sponsor of Senate Bill 341. This is an act authorizing changes in working hours of Montana State Prison employees, which were agreed upon by management and the effected employees. It allows management and the effected employees to agree to a work day of other than eight hours in a consecutive 24-hour period. PROPONENTS OF SENATE BILL 341: Tom Schneider, representing Montana Public Employees Associa- tion, submitted written testimony in support of SB 341. (Exhibit No.1) Bill Pancrabs, Business Agent for MPA Chapter at the prison, said the people at the prison feel there are other scheduling alternatives that could perhaps save some employee usage of time along the lines of sick leave and vacation. There would be benefits to both the employees and management. Kurt Chisolm, director of Department of Institutions, recommended this bill be tabled. OPPONENTS OF SENATE BILL 341: None were present. QUESTIONS FROM THE COMMITTEE: Senator Keating asked Tom Schneider if there is protection under the law for flex-time. Tom Schneider replied the attorney general position allows the opportunity to have flex- time. Senator Keating asked if we repeal the section in question, there would be the opportunity to have flex-time.
14
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LABOR AND EMPLOYMENT RELATIONS COMMITTEE MONTANA … · MINUTES OF THE MEETING LABOR AND EMPLOYMENT RELATIONS COMMITTEE MONTANA STATE SENATE February 12, 1985 The eleventh meeting
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MINUTES OF THE MEETING LABOR AND EMPLOYMENT RELATIONS COMMITTEE
MONTANA STATE SENATE
February 12, 1985
The eleventh meeting of the Senate Labor and Employment Relations committee was called to order by Chairman J. D. Lynch at the hour of 1:00 p.m. in Room 413/415 of the State Capitol.
ROLL CALL: All members were present.
CONSIDERATION OF STATEMENT OF INTENT TO SENATE BILL 194:
Senator Manning moved the Statement of Intent on Senate Bill 194 be attached with the Standing Committee Report. The motion carried unanimously.
CONSIDERATION OF SENATE BILL 341:
Chairman Lynch called on Senator Haffey, sponsor of Senate Bill 341. This is an act authorizing changes in working hours of Montana State Prison employees, which were agreed upon by management and the effected employees. It allows management and the effected employees to agree to a work day of other than eight hours in a consecutive 24-hour period.
PROPONENTS OF SENATE BILL 341:
Tom Schneider, representing Montana Public Employees Association, submitted written testimony in support of SB 341. (Exhibit No.1)
Bill Pancrabs, Business Agent for MPA Chapter at the prison, said the people at the prison feel there are other scheduling alternatives that could perhaps save some employee usage of time along the lines of sick leave and vacation. There would be benefits to both the employees and management.
Kurt Chisolm, director of Department of Institutions, recommended this bill be tabled.
OPPONENTS OF SENATE BILL 341:
None were present.
QUESTIONS FROM THE COMMITTEE:
Senator Keating asked Tom Schneider if there is protection under the law for flex-time. Tom Schneider replied the attorney general position allows the opportunity to have flextime.
Senator Keating asked if we repeal the section in question, there would be the opportunity to have flex-time.
Page 2 February 12;,1985
Torn Schneider replied yes.
Senator Haffey closed on Senate Bill 341.
The hearing was closed on Senate Bill 341.
CONSIDERATION OF SENATE BILL 337:
Chairman Lynch called on Senator Chet Blaylock, sponsor of Senate Bill 337. The bill deals with the matter of the Department of Labor and Industry collecting when employers have failed or defaulted on their payments to the unemployment compensation fund.
PROPONENTS OF SENATE BILL 337:
Sue Mohr, Unemployment Insurance Contributions Bureau Chief for the Department of Labor and Industry, said the purpose of this bill is to improve the bureau's position when they file liens so that they can make sure the effect of the lien will be on the date the contributions become due instead of the date on which they are filed. The bureau extended the period of time that they can enforce liens up to ten years.
Dave Wanzenried, Commissioner, Montana Department of Labor and Industry, rose in support of Senate Bill 337.
OPPONENTS OF SENATE BILL 337:
None were present.
QUESTIONS FROM THE COMMITTEE:
Senator Keating asked Sue Mohr what the rational for five years instead of three years for the statute of limitations is. He referred to page 2, section 2.
Sue Mohr replied we have always had five years; that is present law. Harold Kansier answered the question further, saying we have always used five years. Five years gives you more time to execute on your lien; if you have three years, in order for your lien to be effective you have to refile each time because that lien expires by the statute of limitations. Senator Keating stated that means then that five years is meaningless. Harold Kansier replied the five ~ears is a defense on the part of the person owing the money. The agency continues to collect.
Chairman Lynch asked Sue Mohr how long an account is overdue before it is liened. Sue Mohr replied 25 days, and she said she tries to work around employers.
Senator Blaylock closed on Senate Bill 337.
The hearing was closed on Senate Bill 337.
Page 3 February 12, 1985
EXECUTIVE ACT:DON ON SENATE BILL 337:
Senator Blaylock moved that Senate Bill 337 Do Pass. On a voice vote the committee voted unanimously that SENATE BILL 337 DO PASS.
EXECUTIVE ACTION ON SENATE BILL 341:
Senator Keating made a motion to amend Senate Bill 341. (Exhibit No.2)
On a voice vote the committee voted unanimously to accept the amendments. Senator Haffey made a motion that Senate Bill 341 Do Pass As Amended. On a voice vote the committee voted unanimously that SENATE BILL 341 DO PASS AS AMENDED.
ADJOURNMENT: The committee, having no further business, adjourned at the hour of 2:07 p.m.
an
STANDING COMMITTEE REPORT
~ February 12 as ......................................................... 19 ......... .
t MR. PRESIDENT
We, your committee on .... ~~ .. g4. .. IMP~~~ ..... ~~~ ....................................................... .
having had under consideration ... .. $. ... ~ .. ~l.~ ........................................................................ No~~~ ......... .
f=1r""""""'a<--"t"--____ reading copy ( vhi.te color
Respectfully report as follows: That ...... Sena.te .. B111 ................... .............................................. No.~' .•.........
Mr. President, We, your committee on Labor# havinq had under consideration
Senate Bill 194, attach the following statement of intent:
STATEMEtrr OF INTENT SENATE BILL NO. 194
A statement of intent is required for this bill because it requires the adoption of rules by the workers • compensation division of the department of labor and industry.
The legislature intends that the division adopt only those rules required by sections 9 and 10 of this hill.
The rules adopted by the division to implement section 3 should require the submission of all traininq information on an affidavit on which the applicant must aither list the name, place, and dates of attendance of a traininq school approved by the division and published in its list of approved schools. or qive sufficient information to allow the division to judge the content and quality of the program.
Because of the highly dangarous nature of the business regulated by this legislation, the legislature intends that all persons, except those already holding licenses and qualifying under the provisions of section 13, must comply with section 2(2)(a) through (2) (d), whathcr applying for an initial license by examination, reexamination under section 4(3), or licensure by other jurisdictions under section 6. Fees for reexamination within 2 years of the initial examination should be less than fees for the initial exaaination because no training and experience information need be reviewed and verified.
In developing rules on the use of explosives under sections 9 and 10, it is intended that the division pay particular attention to the publication entitled ·Suggested Code of Regulations·, published by the institute of makers of explosives (IME), in addition to any industry recommendations or publications by other states.
Rules adopted under nection such procedural rules as the applications, act on variance hearings, and so forth.
INTENT/eels of I LC 72
STATE PUB. co. Helena, Mont.
10(51 are intended to be onl" division needs to receive
absolute prohibition against working more than eight ho in one day, but rather is merely descriptive of the len Ut, of a work-day under normal conditions., The cases reco9nI~ that an employee may work more than e1ght hours per da ~ he is compensated for hours in excess of forty worked inY.!' week under section 39-3-405, MCA. These holdings appeal' to! nullify the plain meaning of the eight-hour day statu However, they constitute the definitive construction of ~ statute by the Montana Supreme Court, and I am therefor bound to follow them. •
In 37 Ope Att'y Gen. No. 16 I held that a county could nOt schedule four ten-hour days for all employees on the bash of a 1975 amendment which explicitly permitted counties to schedule road and bridge workers on a four-day week Consisting of ten-hour days, reasoning that the express mention of such authority only for road and bridge crews necessarily excluded such authority for all other state workers. See Stephens V. City of Great Falls, 119 Mont. 368, 175 P.2d i08 (1946). This result-rs-flatly inconsistent with the Court'. reasoning in Glick, which implicitly recognized that the Department of Institutions had the authority t.o structure working hours for its employees in schedules other than the traditional work week consisting of five eight-hour days. If the rule of construction applied in my prior opinions was the correct one, the result in Glick could not have been reached. ~I can only conclude that under Glick state agencies and local governments may permit their workers to work four ten-hour days per week. 37 Op. Att'y Gen. No. 16 is overruled to the extent it is inconsistent with this opinion. II
It would be appropriate for the Legislature to amend the strict language of section 39-4-107, MCA, to make it compatible with current employment practices and court interpretations.
THEREFORE, IT IS MY OPINION:
Local law enforcement agencies may, with the consent of the affected employees, schedule a forty-hour work week consisting of four consecutive ten-hour days.
Very truly yours,
MIKE GREELY Attorney General
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s se
ctio
n sh
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appl
y to
reg
iste
red
phar
ma
cist
s or
8SS
ista
nt p
harm
acis
ts.
(3)
Any
per
son,
cor
pora
tion,
age
nt,
man
ager
, or
em
ploy
er w
ho s
hall
vio
late
any
of
the
prov
isio
ns o
f th
is s
ectio
n sh
all
be g
uilty
of
a m
isde
mea
nor
and
upon
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vict
ion
ther
oof
shal
l be
pun
ishe
d by
a f
ine
of n
ot l
ess
than
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or
mor
e th
an $
000
or b
y im
pris
onm
ent
in t
he c
ount
y ja
il f
or n
ot l
ess
than
30
days
or
mor
e th
an 7
mon
ths
or b
y bo
th s
uch
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and
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ison
men
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ioio
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06
, T
elep
ho
ne
op
erat
ors
, (1
) O
n al
l li
nes
of p
ubli
c te
leph
ones
op
erat
ed i
n w
hole
or
in p
art
with
in t
his
stat
e, i
t sh
all
here
afte
r be
unl
awfu
l fo
r an
y ow
ner,
le88
ee, c
ompa
ny,
or c
orpo
rati
on t
o hi
re o
r em
ploy
any
ope
rato
r or
ope
rato
rs,
othe
r pe
rson
or
pers
ons
to r
un o
r op
erat
e a
tele
phon
e bo
ard
or
boar
ds f
or m
ore
than
9 h
ours
in
24 h
ours
in
citie
s or
tow
ns h
avin
g a
popu
la
tion
of 3
,000
inh
abit
ants
or
over
. (2
) T
he p
rovi
sion
s of
thi
s se
ctio
n sh
all
not
appl
y to
any
per
son
or p
er
IOns
, op
erat
or o
r op
erat
ors
oper
atin
g an
y te
leph
one
boar
d or
boa
rds
mor
e th
an 9
hou
rs i
n ea
ch 2
4 Co
r th
e pu
rpos
e oC
rel
ievi
ng a
noth
er e
mpl
oyee
in
case
o
f aic
knes
s or
otb
er u
nfor
esee
n ca
use
or c
ause
s.
(3)
Any
ow
ner,
less
ee,
com
pany
, or
cor
pora
tion
who
sha
ll v
iola
te a
ny o
f th
e pr
ovis
ions
of
this
sec
tion
shal
l up
on c
onvi
ctio
n be
pun
ishe
d by
a f
ine
of
not
leas
tha
n $1
00 o
r m
ore
than
$50
0. E
ach
and
ever
y da
y th
at s
uch
owne
r, le
ssee
, co
mpa
ny,
or c
orpo
rati
on m
ay c
onti
nue
to v
iola
te a
ny o
f th
e pr
ovis
ions
o
f th
is s
ectio
n sh
all
be c
onsi
dere
d a
sepa
rata
and
dis
tinc
t of
fens
e an
d sh
all
be p
unis
hed
as s
uch.
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39
-4-1
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, S
tate
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d m
un
icip
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ov
ern
men
ts,
sch
oo
l d
istr
icts
, m
ines
, m
ills
, an
d s
mel
ters
. (1
) A
per
iod
of 8
hou
rs c
onst
itut
es a
day
's
wor
k in
all
wor
ks a
nd u
nder
taki
ngs
carr
ied
on o
r ai
ded
by a
ny m
unic
ipal
or
coun
ty g
over
nmen
t, th
e st
ate
gove
rnm
ent,
or a
fir
st·c
lass
sch
ool
dist
rict
, an
d on
all
cont
ra et
a le
t by
the
m,
and
for
all
jani
tors
(ex
cept
in
cour
thou
ses
of
sixt
h-an
d se
vent
h-cl
ass
coun
ties)
, en
gine
ers,
fir
efig
hter
s, c
aret
aker
s, c
usto
dio
ans,
and
lab
orer
s em
ploy
ed i
n or
abo
ut a
ny b
uild
ings
, w
orks
, or
gro
unds
use
d or
occ
upie
d fo
r an
y pu
rpos
e by
suc
h m
unic
ipal
, co
unty
, or
sta
te g
over
nmen
t or
fll'
llt·c
lass
sch
ool
dist
rict
. A
per
iod
of 8
hou
rs c
onst
itut
es a
day
's w
ork
in
mill
s an
d am
elta
rs f
or t
he t
reat
men
t of
ore
s, i
n un
derg
roun
d m
ines
, an
d in
th
e w
ashi
ng,
redu
cing
, an
d tr
eatm
ent
of c
oal.
Thi
s 8u
bsec
tion
does
not
app
ly
in t
he e
vent
oC
an e
mer
genc
y w
hen
liCe
or p
rope
rty
is i
n im
min
ent
dang
er
-.~
th
A o
itnllt
ions
spe
cifi
ed i
n au
bsec
tioD
i (3
) an
d (4
),
(2) r"~
"'Jrov
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e'''~'
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) ,,
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app
l~,w
efig
l_~o
ars.
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",,
" ~o
rkin
g a
wor
k pe
riO
d ea
ta'ft
llsl\e
d in
co
uect
ivdl
" ...
"ain
infi
....
.. em
e,."
(
ente
red
into
bet
wee
n a
publ
ic e
mpl
oyer
and
a f
iref
ight
ers'
org
aniz
atio
n or
ita
el
l:clu
sive
rep
rese
ntat
ive.
(3
) In
cou
ntie
s w
here
reg
ular
roa
d an
d br
idge
dep
artm
ents
are
mai
nta
ined
, th
e co
unty
com
mis
sion
ers
may
, w
ith t
he a
ppro
val
oC t
he e
mpl
oyee
s or
the
ir d
uly
cons
titu
ted
repr
esen
tati
ve,
esta
blis
h a
40·h
our
wor
kwee
k co
nsi
stin
g of
4 c
onse
cutiv
e lO
-hou
r da
ys.
No
empl
oyee
may
be
requ
ired
to
wor
k in
exc
ess
of 8
hou
rs i
n an
yo
ne
wor
kday
if
he p
refe
rs n
ot t
o.
(4)
In m
unic
ipal
and
cou
nty
gove
rnm
ents
, th
e em
ploy
er a
nd
empl
oyee
m
ay a
gree
~ a
wor
kday
of
mor
e th
an 8
hou
rs a
nd t
o a
7 ·da
y, 4
0·ho
ur w
ork
peri
od:
(a)
thro
ugh
a co
llect
ive
barg
aini
ng a
gree
men
t w
hen
a co
llect
ive
barg
aini
ng
unit
rep
rese
nts
the
empl
oyee
; or
(b
) by
the
mut
ual
agre
emen
t of
the
empl
oyer
and
em
ploy
ee w
hen
no b
ar
gain
ing
unit
is
reco
gniz
ed.
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lory
: (I
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.. 6
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Co
mp
iler
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om
men
t.
1983
Am
endm
enls
"" C
hapt
er 3
76 l
ubat
itut
bd
(2)
for
"For
fi.
efig
hte.
s in
cit
ies
of
th.
fi ...
t M
d
aeco
nd c
laas
, •
wor
kwee
k co
nsis
ts o
( a lI
laxi
mU
JJl
of 4
0 ho
u ...
duri
ng a
6·d
ay w
eek.
" C
hapt
er 6
40 s
ubst
itut
ed l
ast
leni
ence
of
(1)
for
form
er l
ast
sent
ence
, w
hich
rea
d: "
In e
asel
o
r em
erge
ncy
whe
n H
fe o
r p
rop
erty
is i
n im
mi
nen
t da
nger
thi
s su
bsec
tion
doe
s no
t ap
ply.
";
and
lu
bsti
tute
d ex
isti
ng
(4)
for
form
er
(4),
w
hich
rea
d: "
Eve
ry p
erao
D,
corp
orat
ion,
sto
ck
com
pany
, or
&8I
:ioci
atio
n o{
per
sona
who
vio
late
s
any
of
the
prov
isio
nl D
C th
is a
ecti
on i
1lu
ilty
of a
m
iade
mea
nol
and
upon
con
vict
ion
ther
eof a
hall
be
pun
ishe
d by
a f
ine
of n
ot I
e ..
than
$10
0 or
m
ore
th
an $
600
Dr
by i
mp
riso
nm
ent
in t
he
coun
ty j
ail
for
not
I ...
th
an 3
0 da
YI
or m
ore
than
7 m
on
u..
or
by b
oth
luch
fin
e M
d i
mp.
is.
on
men
t."
Cro
.IJ-
Rel
ereD
ce.
Lab
or -
hoU
D o
f em
ploy
men
t, A
rt.
XII
, IO
C.
2, M
ont.
Con
at.
39
-4-1
08
. R
epea
led
. Se
c. I
, Ch.
381
, L.
197
9.
His
tory
: (I
~ (2
1Ea.
Sec
. I,
A..
5,
L
1907
; s.c
. 174
1, R
••.
C.
1907
; r~ ..
s.c. l
Oll
i, R
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. 19
21;
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1935
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1969
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1113
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19
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174
l, R
•••
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1907
; .t
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. lO
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R.c
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1921
; ..
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1907
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1947
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. 13,
0.
397,
L
1979
.
39
-4-1
09
, C
emen
t p
lan
ts,
qu
arr
ies,
an
d h
yd
roel
ectr
ic d
ams.
(1)
A
per
iod
of 8
hou
rs s
hall
con
stit
ute
a da
y's
wor
k, e
xcep
t in
cas
es o
f em
er
genc
y w
here
lif
e an
d p
rope
rty
are
in i
mm
inen
t da
nger
, fo
r al
l pe
rson
s em
ploy
ed i
n or
abo
ut c
emen
t pl
ants
and
at
quar
ries
and
hyd
roel
ectr
ic d
ams.
(2
) A
ny p
erso
n, c
orpo
rati
on,
agen
t, m
anag
er,
or e
mpl
oyer
who
sha
ll vi
ola
te a
ny o
f th
e pr
ovis
ions
oC
this
sec
tion
sha
ll b
e gu
ilty
of
a m
isde
mea
nor
and
upon
con
vict
ion
ther
eof
shal
l be
pun
ishe
d by
a f
ine
of n
ot l
ess
than
$50
or
mor
e th
an $
600
or b
y im
pris
onm
ent
in t
he c
ount
y ja
il f
or n
ot l
ess
than
30
days
or
mor
e th
an 7
mon
ths
or b
y bo
th 8
uch
fme
and
impr
ison
men
t. H
islo
ry:
(I)E
.. S
ec.
I, a
.. 77
, L
19
33; .-
s.c. l
OII
3.1,
R.C
.M.
J9J5
; Se
c. 4
1-11
16,
R.C
.M.
1947
; (2
jEL
s.c
. 2,
0.
77,
1..
1933
; ..
....
Sec
. lO
IJ.l
, R
.C.M
. 19
35;
Sec.
41.
1117
, a.
c.M
. 19
47;
a.C
.M.
1947
,41,
1116
, 41.
1117
.
} '.
;
1. Ti tle, linea S through 7. Following: -EMPLOYEES" Oll linG 5 Strike! remainder of lino 5 through It ~umND.niG· on l1ne 7 Insert; II; RBPEALI~G~
2. Page I, lines 10 throu9h 18. Followin.<}: ·Section 1. lit on line 10 Insert: It RepWtler • " !'ollowing: • 1." on line 1 0 Strike: remainder of lines 10 throug'h 19 Insert: II repealed.. II