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MATTER OF UNFAIR LABOR PRACTICE NO. 38-80

No. 86-02.

720 P.2d 1181 (1986)

In the Matter of UNFAIR LABOR PRACTICE NO. 38-80. Jerry T. KLUNDT, affiliated with Chaufeurs, Teamsters, and Helpers Local Union # 190, Petitioner and Appellant, v. STATE of Montana, Board of Personnel Appeals, Montana State Department of Labor and Industry; City of Billings, Montana, Respondents and Respondents.

Supreme Court of Montana.

Decided June 19, 1986.

Attorney(s) appearing for the Case

Cate Law Firm, Brad L. Arndorfer, Billings, D. Patrick McKittrick, Great Falls, for petitioner and appellant.

Daniel J. Stevenson, Dept. of Labor & Industry, Helena, K.D. Peterson, Peterson, Schofield & Leckie, Billings, for respondents and respondents.

WEBER, Justice.

This appeal arises from Mr. Klundt's charges of unfair labor practices. The administrative hearing officer's recommendation that the charges be dismissed was adopted by the Board of Personnel Appeals (Board), and the Yellowstone County District Court affirmed the Board's decision. We remand to District Court.

These issues are raised:

1. Were Mr. Klundt's due process rights violated by the three year delay between the filing of his unfair...

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