60-9A-1      Definition of terms.
60-9A-2      Rights of employees--Labor organizations--Collective bargaining.
60-9A-3      Collective bargaining unit as exclusive representative of employees--Individual grievances excepted.
60-9A-4      Administration and enforcement.
60-9A-5      Jurisdiction of department over labor disputes and grievances.
60-9A-6      Determinations as to composition of bargaining unit--Certification.
60-9A-7      Investigation of bargaining unit questions--Election by employees--Waiting period before reconsideration.
60-9A-8      Tentative settlements--Recommendations to employer and bargaining units.
60-9A-9      Implementation of labor agreements--Failure to bargain in good faith.
60-9A-10      Request for departmental intervention on failure to agree--Other procedures allowed.
60-9A-11      Repealed.
60-9A-12      Unfair practices by employers.
60-9A-13      Unfair practices by collective bargaining units.
60-9A-14      Closed shop and agency shop contracts not authorized.
60-9A-15      Repealed.

60-9A-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Collective bargaining unit," an organization selected by secret ballot by a majority vote of the employees of a unit appropriate for such purpose;

(2)    "Department," the Department of Labor and Regulation or any of its officers or employees authorized to act for it;

(3)    "Employee," any person, other than an independent contractor, domestic servants employed in and about private homes and farm and ranch labor, working for another for hire in the State of South Dakota in a nonexecutive or nonsupervisory capacity, and shall include any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer;

(4)    "Employer," a person who engages the services of an employee and shall include any person acting on behalf of an employer within the scope of his authority, but shall not include the United States or any labor organization, except when acting as an employer in fact; or the government of the State of South Dakota and any of the political subdivisions thereof;

(5)    "Grievance," a complaint by an employee or group of employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies or rules of the employer, as they apply to the conditions of employment. A disagreement over a nonexisting agreement, contract, ordinance, policy or rule is not a grievance;

(6)    "Labor dispute," any controversy concerning wages, hours, or other conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment; provided that the general right of an employer to select his own employees is recognized and shall be fully protected. It shall not constitute a labor dispute if an employer discharges, or refuses to employ an employee on account of incompetence, neglect of work, unsatisfactory service or dishonesty;

(7)    "Representative," any person who is the duly authorized agent of a collective bargaining unit.

Source: SL 1974, ch 323, § 1; SL 1993, ch 375, § 10; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

60-9A-2. Rights of employees--Labor organizations--Collective bargaining.

In accordance with this chapter, employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the purposes of collective bargaining or other mutual aid or protection; and shall also have the right to refrain from any and all such activities.

Source: SL 1974, ch 323, § 2.

60-9A-3. Collective bargaining unit as exclusive representative of employees--Individual grievances excepted.

A collective bargaining unit chosen for the purpose of collective bargaining by a majority of the employees in the unit shall be the exclusive representative of all employees in such unit; and provided that the employees individually shall have the right at any time to present grievances to their employer in person or through representatives of their own free choosing, and the employer may confer with them in relation thereto.

Source: SL 1974, ch 323, § 3.

60-9A-4. Administration and enforcement.

The Department of Labor and Regulation shall administer and enforce the provisions of this chapter.

Source: SL 1974, ch 323, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

60-9A-5. Jurisdiction of department over labor disputes and grievances.

The department shall have jurisdiction over any labor dispute or grievance not subject to the provisions of the Federal Railway Labor Act, and over which the national labor relations board does not have or has declined to assert jurisdiction on substantive grounds. For purposes of determining whether or not the National Labor Relations Board has asserted jurisdiction on substantive grounds, the department shall respect the relevant rules and regulations and case ruling of the board.

Source: SL 1974, ch 323, § 5.

60-9A-6. Determinations as to composition of bargaining unit--Certification.

Whenever a question concerning the composition of employees covered by a collective bargaining unit is raised by an employer or an employee, or the representative of either of them, the department shall investigate such question and, after a hearing conducted pursuant to chapter 1-26, rule on the composition of the members in the unit. The department shall then certify to the parties in writing the proper definition of the employees comprising the unit.

Source: SL 1974, ch 323, § 6.

60-9A-7. Investigation of bargaining unit questions--Election by employees--Waiting period before reconsideration.

When a question concerning the collective bargaining unit of employees is raised by an employer, or an employee or the representative of either of them, the department shall investigate such question and certify to the parties in writing, the name or names of the collective bargaining units that have been designated or selected. The filing of a petition for the investigation or certification of a collective bargaining unit of employees by any of the parties shall constitute a question within the meaning of this section. In any such investigation, the department may provide for an appropriate hearing and shall take a secret ballot of employees to determine the collective bargaining unit for the purposes of formal recognition. If the department has certified a formally recognized collective bargaining unit of employees, it shall not be required to consider the matter again for a period of one year unless it appears that sufficient reason exists therefor.

Source: SL 1974, ch 323, § 7.

60-9A-8. Tentative settlements--Recommendations to employer and bargaining units.

If a tentative settlement is reached between an employer and employee or the representative of either of them, such representatives shall recommend to the employer and employee collective bargaining unit, respectively, such settlement. The collective bargaining unit and the employer shall, as soon as practicable consider the recommendations and take such actions, if any, as they deem appropriate.

Source: SL 1974, ch 323, § 8.

60-9A-9. Implementation of labor agreements--Failure to bargain in good faith.

If a settlement is reached between an employer and collective bargaining unit or the representative of either of them, the settlement in the form of an agreement shall be implemented by the employer. Failure to make a reasonable effort to implement a settlement by either party shall constitute failure to bargain in good faith.

Source: SL 1974, ch 323, § 9.

60-9A-10. Request for departmental intervention on failure to agree--Other procedures allowed.

In case of a labor dispute or grievance, including but not limited to an impasse or failure to reach an agreement in negotiations, either party may request the department to intervene under the provisions of §§ 60-10-1 to 60-10-3, inclusive. Nothing in this section shall prohibit the parties to such an impasse or dispute from adopting any other procedure to facilitate a settlement that may be mutually agreeable.

Source: SL 1974, ch 323, § 10.

60-9A-11. Repealed by SL 1983, ch 22, § 5.

60-9A-12. Unfair practices by employers.

It shall be an unfair practice for an employer to:

(1)    Interfere with, restrain, or coerce employees in the exercise of rights guaranteed by law;

(2)    Dominate, interfere, or assist in the formation or administration of any collective bargaining unit, or contribute financial or other support to it; provided, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

(3)    Discriminate in regard to hire or tenure or employment or any term or condition of employment to encourage or discourage membership in any collective bargaining unit;

(4)    Discharge or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this chapter;

(5)    Refuse to negotiate collectively in good faith with a formal representative; or

(6)    Fail or refuse to comply with any provision of this chapter.

Source: SL 1974, ch 323, § 12.

60-9A-13. Unfair practices by collective bargaining units.

It is an unfair practice for a collective bargaining unit or its agents to:

(1)    Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this subdivision does not impair the right of an employee organization to prescribe its own requirements with respect to the acquisition or retention of voluntary membership therein;

(2)    Restrain or coerce an employer in the selection of his representative for the purpose of collective bargaining or the adjustment of grievances;

(3)    Cause or attempt to cause an employer to discriminate against an employee in violation of subdivision 60-9A-12(3), or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground; or

(4)    Refuse to negotiate collectively in good faith with an employer.

Source: SL 1974, ch 323, § 13; SL 1993, ch 375, § 11.

60-9A-14. Closed shop and agency shop contracts not authorized.

Nothing in this chapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization or requiring the payment of fees or contributions of any kind whatsoever in lieu of membership to a labor organization as a condition of employment.

Source: SL 1974, ch 323, § 14.