47:02:02:04.  Contents of petition. When a petition is filed by an employee organization, it must state that the organization:

          (1)  Represents at least 30 percent of the members of the proposed unit;

          (2)  Does not assert the right to strike against the state of South Dakota or any subdivision of the state or to assist or participate in a strike and does not impose a duty or obligation to conduct, assist, or participate in a strike in violation of South Dakota law;

          (3)  Does not advocate the overthrow of the constitutional form of government in the United States;

          (4)  Does not discriminate with regard to the terms or conditions of membership because of race, color, creed, or national origin. This section shall not be construed as limiting the right to advocate peaceful and legal changes in existing law.

          Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.

          General Authority: SDCL 3-18-6.

          Law Implemented: SDCL 3-18-4.

          47:02:02:04.01.  Decertification petition. One or more employees, a governmental agency, or a labor or employee organization seeking decertification of an employee organization as a bargaining representative must file a petition stating that

          (1)  At least 30 percent of the unit members represented by the organization support the petition; or

          (2)  The petitioning employees are treated substantially differently than other unit members in their hiring, termination, promotion, hours, pay, or essential mission.

          Source: 24 SDR 7, effective July 30, 1997.

          General Authority: SDCL 3-18-6.

          Law Implemented: SDCL 3-18-5.