City/County of Butte-Silver Bow v. Montana State Board

The majority are in grievous error when they conclude that the metropolitan police law (Title 7, Ch. 32, Part 41, MCA) precludes the grievance procedures allowable to a terminated policeman under his union’s collective bargaining agreement.

The majority members ascribe “exclusive” jurisdiction to the police commission under Section 7-32-4155, MCA. The words “exclusive” or “exclusive remedy” are not to be found in Section 7-32-4155, or any other part of the statute which is a part of the Metropolitan Police Law. The assertion that procedure before the police commission is “exclusive” is a…