60-9-1      Labor organization--Actions by and against--Funds subject to execution--Service of process.
60-9-2      Enforcement of money judgment against labor organization.
60-9-3      Rights and liabilities of individual members--Actions by and against, joint or several.
60-9-4      Collective bargaining agreement--Enforcement--Remedies for breach.
60-9-5      Injunctive relief in labor dispute--Cost bond only bond required.
60-9-6      Statement of income and expenditures by union--Filing with secretary of state--Violation as misdemeanor.
60-9-7      Agricultural premises--Entry for union purposes restricted--Violation as misdemeanor.
60-9-8      Compensation for services to agricultural employer for labor union connection prohibited--Misdemeanor.
60-9-9      Repealed.

60-9-1. Labor organization--Actions by and against--Funds subject to execution--Service of process.

Any labor union, organization or association, whether or not it be incorporated, may sue or be sued in its organization or association name, as an entity and in behalf of the employees whom it represents, and all the funds and assets of such labor union, association or organization shall be subject to judgment, execution and other process. The service of summons, subpoena or other legal process upon an officer or agent of such labor union, association or organization shall constitute sufficient service upon such union, association or organization.

Source: SL 1947, ch 94, § 1; SDC Supp 1960, § 17.1102.

60-9-2. Enforcement of money judgment against labor organization.

Any money judgment against a labor union, association or organization shall be enforced only against the union, association or organization as an entity, and against its assets, property and funds and may not be enforced against the property of any member thereof.

Source: SL 1947, ch 94, § 1; SDC Supp 1960, § 17.1102; SL 2008, ch 276, § 73.

60-9-3. Rights and liabilities of individual members--Actions by and against, joint or several.

Nothing in § 60-9-1 or 60-9-2 shall be deemed to abrogate or restrict the right or liability of the individual members of a labor union, organization or association to sue or be sued jointly or severally in their own names or name in matters based upon or arising out of their individual acts or relationships.

Source: SL 1947, ch 94, § 1; SDC Supp 1960, § 17.1102.

60-9-4. Collective bargaining agreement--Enforcement--Remedies for breach.

Any collective bargaining agreement between an employer or employers and a labor union, association or organization, shall be enforceable at law or equity; and a breach of such collective bargaining agreement by any party thereto, shall be subject to the same remedies including injunctive relief, as are available in the case of other contracts in the courts of this state.

Source: SL 1947, ch 94, § 2; SDC Supp 1960, § 17.1103.

60-9-5. Injunctive relief in labor dispute--Cost bond only bond required.

In any action involving a labor dispute or involving a collective bargaining agreement between an employer and his employees and injunctive relief is sought, the only bond required shall be one sufficient to pay the necessary court costs in the case.

Source: SL 1947, ch 94, § 3; SDC Supp 1960, § 17.1104.

60-9-6. Statement of income and expenditures by union--Filing with secretary of state--Violation as misdemeanor.

Upon order of the Department of Labor and Regulation any labor union operating or carrying on its activities in the state of South Dakota shall file with the secretary of state, within thirty days from receipt of notice of such order a verified statement of the specific items of income and specific expenditures for the twelve-month period next preceding the filing of such statement showing separately the amount of money collected during said period as dues, fees, assessments or fines, together with all moneys collected from any other source and the amount of money in the treasury of such union, branch or local, on the date of such statement, the salary paid to each officer of such union, branch or local, the total of such expenditures for the preceding year and specifically the purpose for which such expenditures were made. Such statement shall be filed on forms supplied by the said department. Violation of this section is a Class 2 misdemeanor.

Source: SL 1943, ch 86, §§ 1, 6; SDC Supp 1960, §§ 17.1105, 17.9915; SDCL § 60-9-9; SL 1969, ch 87; SL 1978, ch 359, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

60-9-7. Agricultural premises--Entry for union purposes restricted--Violation as misdemeanor.

No officer, agent, or employee of any labor union may enter, without the consent of the owner or operator, in or upon any ranch, farm, feed yard, shearing plant, or other agricultural premise, for the purpose of collecting dues, fines or assessments, or to solicit membership in any union, order or promote any strike, or in any other way interfere with the activities of any person employed on such premises. Violation of this section is a Class 2 misdemeanor.

Source: SL 1943, ch 86, §§ 2, 6; SDC Supp 1960, §§ 17.1106, 17.9915; SDCL § 60-9-9; SL 1978, ch 359, § 2; SL 2008, ch 276, § 74.

60-9-8. Compensation for services to agricultural employer for labor union connection prohibited--Misdemeanor.

No person may solicit or accept any money, or other thing of value, for services rendered, claimed to have been rendered, or promised, to any employer of the class mentioned in § 60-9-7, by reason of the labor union connection or association of the person. Violation of this section is a Class 2 misdemeanor.

Source: SL 1943, ch 86, §§ 5, 6; SDC Supp 1960, §§ 17.1109, 17.9915; SDCL § 60-9-9; SL 1978, ch 359, § 2; SL 2008, ch 276, § 75.

60-9-9. Repealed by SL 1978, ch 359, § 3.