State law (§39-31-201, M.C.A.) provides public employees the right to form or join a union with the following exceptions:
Note: Non-union staff members total 258. As required by the MPEA collective bargaining agreement, 67 of those positions are excluded from the union because they are less than .50 FTE.
- Confidential Labor Relations employees and any person employed in the personnel department
- Management officials defined as a representative of management having the authority to act on behalf of the University on any matter relating to implementation of University policy;
- Supervisory employees (the most confusing exclusion) defined as any individual who has the authority to hire, transfer, suspend, layoff, promote, discharge, discipline other employees, or adjust their grievances.