Section 28B.52.073. Unfair labor practices.  


Latest version.
  • (1) It shall be an unfair labor practice for an employer:
    (a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by this chapter;
    (b) To dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it: PROVIDED, That subject to rules adopted by the commission, an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;
    (c) To encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment;
    (d) To discharge or discriminate otherwise against an employee because that employee has filed charges or given testimony under this chapter;
    (e) To refuse to bargain collectively with the representatives of its employees.
    (2) It shall be an unfair labor practice for an employee organization:
    (a) To restrain or coerce an employee in the exercise of the rights guaranteed by this chapter: PROVIDED, That this subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization or to an employer in the selection of its representatives for the purpose of bargaining or the adjustment of grievances;
    (b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of this section;
    (c) To discriminate against an employee because that employee has filed charges or given testimony under this chapter;
    (d) To refuse to bargain collectively with an employer.
    (3) The expressing of any views, arguments, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.