Alicia Bragg, who served as president of the Montana Federation of Public Employees (MFPE) Troopers Unit, was appointed to the Montana Highway Patrol (MHP) Strategic Improvement Committee (SIC), which was tasked with analyzing a climate survey of troopers to guide organizational improvements. On March 7, 2024, Major Braun, a ranking officer on the committee, emailed members the survey’s executive summary – a 37-page document containing anonymous feedback on morale, leadership, compensation, and working conditions – with explicit instructions not to disseminate it further until authorized. Despite this directive, Bragg forwarded the report to her personal email and later shared it with the MFPE, which subsequently released it to the press.
The MHP initiated an investigation after the report became public, discovering through forensic analysis that Bragg had transmitted the document externally. During a phone call with Braun, Bragg admitted sending the report to herself but did not disclose sharing it with MFPE. The MHP terminated Bragg on April 19, 2024, citing insubordination for violating the nondisclosure order and dishonesty by omission. The MHP argued that Bragg’s actions undermined the chain of command, eroded trust, and jeopardized the MHP’s ability to manage sensitive information strategically. It emphasized the paramilitary nature of law enforcement, where disobedience of orders – even perceived unlawful ones – warrants severe discipline.
The MFPE contested the termination, framing Bragg’s actions as protected union activity under Montana labor law and the National Labor Relations Act (NLRA). The MFPE argued the climate survey addressed core bargaining issues, like working conditions and morale, making its dissemination to the MFPE lawful “concerted activity” for mutual aid. The MFPE also invoked Montana’s constitutional “right to know” provision, asserting the report, funded by taxpayers and devoid of private data, was inherently public. It contended that Bragg acted as a union representative, not merely a trooper, and thus was exempt from the “obey now, grieve later” rule under arbitral precedent. The MFPE further alleged anti-union animus, pointing to Lt. Col. Hayter’s remark during the investigation questioning whether Bragg prioritized MFPE over her colleagues.
Arbitrator Jeffrey W. Jacobs ruled in Bragg’s favor, concluding the termination lacked just cause.
The Arbitrator found Bragg was serving on the SIC primarily in her capacity as MFPE president, noting that the HR director had initially solicited MFPE’s input for committee appointments. The survey’s content – addressing wages, morale, and working conditions – fell squarely within the MFPE’s domain, making Bragg’s transmission to the MFPE a protected activity. The Arbitrator rejected the MHP’s argument that arbitrators cannot consider external law, holding that Montana’s constitutional mandate for public disclosure and labor statutes informed the just cause analysis. While acknowledging the MHP’s interest in controlling sensitive information, the Arbitrator emphasized the report contained no confidential or private data and was always intended for public release.
The Arbitrator ordered Bragg’s reinstatement with full backpay, less interim earnings.
Montana Highway Patrol v. Montana Federation of Public Employees (Jacobs, 2025).