CHAPTER 47:02:01
\r\n\r\n\r\nDEFINITIONS
\r\n\r\n\r\n\r\nSection
\r\n\r\n47:02:01:01 Definitions.
\r\n\r\n\r\n\r\n47:02:01:01. Definitions. Words defined in SDCL 3-18 have the same meaning when used in this title. In addition terms used within this article, unless the context otherwise plainly requires, mean:
\r\n\r\n\r\n(1) "Act,"\r\nchapter 3-18 of the South Dakota Codified Laws;
\r\n\r\n\r\n(2) "Division,"\r\nthe director of the Division of Labor and Management of the Department of\r\nLabor, or a designee;
\r\n\r\n\r\n(3) "Employer,"\r\nthe state of South Dakota or any of its political subdivisions, including the\r\npublic schools and any authority, commission, board, or other branch of the\r\npublic service;
\r\n\r\n\r\n(4) "Board," the\r\ngoverning body or office holder in charge of the employer;
\r\n\r\n\r\n(5) "Employee," a\r\npublic employee as defined in SDCL 3-18-1;
\r\n\r\n\r\n(6) "Employee\r\norganization," a lawful association, labor organization, federation,\r\ncouncil, or brotherhood in which employees participate, having as a primary\r\npurpose the improvement of working conditions among public employees, or a\r\ncraft, trade, or industrial union whose membership includes both public employees\r\nand employees of private organizations;
\r\n\r\n\r\n(7) "Representative,"\r\nan employee organization designated by a group of employees to act as their\r\nspokesman for negotiating conditions of employment with the employer;
\r\n\r\n\r\n(8) "Unit," a\r\nspecifically defined group of employees;
\r\n\r\n\r\n(9) "Parties,"\r\nall employees, the employer, all employee organizations, and any other person\r\nhaving a special interest in negotiations between the employer and its\r\nemployees;
\r\n\r\n\r\n(10) "Petitioner,"\r\nthe person, organization, or employer filing a petition under the provisions of\r\nSDCL 3-18;
\r\n\r\n\r\n(11) "Respondent,"\r\na party other than the petitioner.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR\r\n7, effective July 30, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-3.3, 3-18-6, 3-18-15.3.
\r\n\r\n\r\n\r\n\r\nCHAPTER 47:02:02
\r\n\r\n\r\nELECTIONS
\r\n\r\n\r\n\r\nSection
\r\n\r\n47:02:02:01 Service of\r\ndocuments.
\r\n\r\n47:02:02:02 Prior request to\r\ncommunicate required.
\r\n\r\n47:02:02:03 Petitions.
\r\n\r\n47:02:02:04 Contents of\r\npetition.
\r\n\r\n47:02:02:04.01 Decertification\r\npetition.
\r\n\r\n47:02:02:05 Proof of\r\nrepresentation.
\r\n\r\n47:02:02:06 Waiting period.
\r\n\r\n47:02:02:07 Form.
\r\n\r\n47:02:02:08 Service of\r\nnotice of petition.
\r\n\r\n47:02:02:09 Other employee\r\norganizations.
\r\n\r\n47:02:02:10 Burden of\r\nreporting other organizations.
\r\n\r\n47:02:02:11 Amendments and withdrawals.
\r\n\r\n47:02:02:12 Answers.
\r\n\r\n47:02:02:13 Contents of\r\nanswer.
\r\n\r\n47:02:02:14 Extension of\r\ntime.
\r\n\r\n47:02:02:15 Failure to file\r\nanswer.
\r\n\r\n47:02:02:16 Consent\r\nelections.
\r\n\r\n47:02:02:17 Determination in\r\nabsence of agreement.
\r\n\r\n47:02:02:18 Repealed.
\r\n\r\n47:02:02:19 Notice.
\r\n\r\n47:02:02:20 Oral arguments\r\nand briefs.
\r\n\r\n47:02:02:21 Order to hold\r\nelection.
\r\n\r\n47:02:02:22 Petition for\r\nreview.
\r\n\r\n47:02:02:23 Appeals.
\r\n\r\n47:02:02:24 Elections\r\nconducted under supervision of division.
\r\n\r\n47:02:02:25 Sample ballot\r\nand notice.
\r\n\r\n47:02:02:26 Conduct of\r\nelections.
\r\n\r\n47:02:02:27 Voter\r\neligibility.
\r\n\r\n47:02:02:28 Duty to furnish\r\nnames.
\r\n\r\n47:02:02:29 Observers.
\r\n\r\n47:02:02:30 Challenged\r\nballots.
\r\n\r\n47:02:02:31 Runoff elections.
\r\n\r\n47:02:02:32 Repealed.
\r\n\r\n47:02:02:33 Ballot for\r\nrunoff election.
\r\n\r\n47:02:02:34 Invalid\r\nelections.
\r\n\r\n47:02:02:35 Objections to\r\nelections.
\r\n\r\n47:02:02:36 Hearings on\r\nobjections.
\r\n\r\n47:02:02:37 Opening of\r\nchallenged ballots.
\r\n\r\n47:02:02:38 Sustained\r\nobjections to election.
\r\n\r\n47:02:02:39 Certification.
\r\n\r\n47:02:02:40\r\nand 47:02:02:41 Repealed.
\r\n\r\n47:02:02:42 Unfair labor practice may void election.
\r\n\r\n\r\n\r\n47:02:02:01. Service of documents. Service of a document\r\nauthorized or required by the Act or this article may be effected\r\nupon employees by posting the document on the employer's premises in one or\r\nmore conspicuous spots where all employees have access and can see it in their\r\ngeneral day-to-day business.
\r\n\r\n\r\nService of a document may be effected upon all other parties and the division by personal\r\nservice, by registered or certified mail, by telegraph, or by leaving a copy in\r\nthe principal office or place of business of persons to be served. The verified\r\nreturn by the individual serving the document, setting forth the manner of the\r\nservice, is proof of service. The return post office receipt or telegraph\r\nreceipt, when the document is registered or certified and mailed or\r\ntelegraphed, is proof of service.
\r\n\r\n\r\nService upon the chief administrative\r\nofficial of the employer is service upon members of the board. If a party\r\nappears by attorney, all papers may be served upon the attorney with the same\r\nforce and effect as though served upon the party. The division may serve a\r\ndocument upon employees by serving an extra copy with the employer with\r\ninstructions that it be posted in accordance with this rule.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-5.
\r\n\r\n\r\n47:02:02:02. Prior request to communicate required.\r\nBefore filing a petition under this article, the petitioner must first have\r\nfiled a written request with all of the parties and with the division, stating\r\nits desire to be recognized, to have a determination of a unit made, to have a\r\nrepresentative chosen, or any combination of these. A request may be on forms\r\napproved by the division or by letter. Upon showing that the parties have in\r\nfact held discussions which have been open to all the parties and of which all\r\nthe parties have been notified this section may be waived.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n 47:
Source:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:04. Contents of petition. When a petition is\r\nfiled by an employee organization, it must state that the organization:
\r\n\r\n\r\n(1) Represents\r\nat least 30 percent of the members of the proposed unit;
\r\n\r\n\r\n(2) Does not assert the\r\nright to strike against the state of South Dakota or any subdivision of the\r\nstate or to assist or participate in a strike and does not impose a duty or\r\nobligation to conduct, assist, or participate in a strike in violation of South\r\nDakota law;
\r\n\r\n\r\n(3) Does not advocate the\r\noverthrow of the constitutional form of government in the United States;
\r\n\r\n\r\n(4) Does not discriminate\r\nwith regard to the terms or conditions of membership because of race, color,\r\ncreed, or national origin. This section shall not be construed as limiting the\r\nright to advocate peaceful and legal changes in existing law.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-4.
\r\n\r\n\r\n47:02:02:04.01. Decertification petition.\r\nOne or more employees, a governmental agency, or a labor or employee\r\norganization seeking decertification of an employee organization as a\r\nbargaining representative must file a petition stating that
\r\n\r\n\r\n(1) At least 30 percent of the\r\nunit members represented by the organization support the petition; or
\r\n\r\n\r\n(2) The petitioning employees\r\nare treated substantially differently than other unit members in their hiring,\r\ntermination, promotion, hours, pay, or essential mission.
\r\n\r\n\r\nSource:\r\n24 SDR 7, effective July 30, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-5.
\r\n\r\n\r\n47:02:02:05. Proof of representation. The employee\r\norganization shall submit current authorizations signed by the employees upon\r\nrequest of the division.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n 47:
(1) Ten days have elapsed\r\nfrom the date the request under § 47:02:02:02 was served upon the\r\ndivision;
\r\n\r\n\r\n(2) Three days have elapsed\r\nfollowing the first meeting of the board after the request has been served upon\r\nthe employer, provided that the request was served at least seven days before\r\nthe board meeting; or
\r\n\r\n\r\n(3) The parties have agreed\r\nupon a date for the division to begin.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:07. Form. Petitions shall be made in writing on\r\nforms approved by the division. The petition may be returned to the petitioner\r\nfor completion if it is incomplete.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:08. Service of notice of petition. The original\r\nand three copies of the petition shall be filed with the division. Upon\r\nreceipt, provided the waiting period under § 47:02:02:06 has passed, the division shall serve a copy of the petition on\r\neach party named in the petition. Notice to the employees shall be made\r\npursuant to § 47:02:02:01. If a party becomes known to the division after\r\nnotices of the petition have been served, the party shall be served according\r\nto § 47:02:02:01 when it becomes known, but this shall not extend the\r\nwaiting period provided for in § 47:02:02:06.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:09. Other employee organizations. Service of\r\nnotice upon the employees, as provided in § 47:02:02:01,\r\nis notice to all employee organizations not specified in the petition.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:10. Burden of reporting other organizations. The\r\nburden of reporting other employee organizations to the division shall rest\r\nupon the members of the organizations.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:11. Amendments and withdrawals. The division may\r\npermit the petitioner to amend or withdraw the petition at any time before the\r\ncertification under § 47:02:02:39 has been issued upon terms that are just\r\nand consistent with due process, provided that the permission does not\r\nprejudice any respondent.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:12. Answers. Each respondent shall file an\r\nanswer to the petition within seven days after receipt of the petition.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:13. Contents of answer. An answer shall consist\r\nof an agreement with the facts and demands made by the petitioner or of a\r\ndenial or explanation of the facts contained in the petition and may include a\r\ncounter demand.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:14. Extension of time. The division may extend\r\nthe time for filing an answer upon a showing of good cause by either party.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:15. Failure to file answer. Failure to file an\r\nanswer within the time specified in § 47:02:02:12 and failure to ask for\r\nan extension of time under § 47:02:02:14 constitutes a default and the\r\nremedy requested by the petitioner, if in accordance with the law, will be\r\ngranted.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:16. Consent elections. When there is no dispute\r\nconcerning the composition of a unit wishing recognition, the petitioner and\r\nthe other parties may, with the approval of the division, enter into a consent\r\nelection agreement on a form furnished by the division. The agreement shall\r\ninclude a description of the appropriate bargaining unit, the payroll period to\r\nbe used in determining the employees within the appropriate unit who are\r\neligible to vote, and other matters that the division and parties consider\r\nappropriate. The time and place of the election shall be determined by the\r\ndivision after consultation with the parties. Sections 47:02:02:24 to\r\n47:02:02:41, inclusive, shall also be applicable to elections conducted under\r\nthis section.
\r\n\r\n\r\nAn election under this section\r\nconstitutes a waiver of the hearing.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:17. Determination in absence of agreement. When\r\nthe division finds that the parties are unable to agree upon a suitable method\r\nor upon the appropriate unit and it is unable to settle the controversy\r\nconcerning representation without a hearing, it shall assign the matter for a\r\nhearing within 90 days from the filing of the petition.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:18. Contest.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1,\r\n1983.
\r\n\r\n\r\n47:02:02:19. Notice. Notice of hearing shall be made by\r\nthe division in accordance with § 47:02:02:01 at least 10 days before the\r\nhearing.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:20. Oral arguments and briefs. Upon request a\r\nparty is entitled to present at the close of the hearing oral argument which\r\nshall be made a part of the record. A party is entitled, upon request made\r\nbefore the close of the hearing, to file a brief with the division which may\r\nfix a time limit for the filing. The division may also direct the filing of\r\nbriefs when the filing is, in its opinion, warranted by the nature of the\r\nproceedings or the particular issues involved.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:21. Order to hold election. Concurrent with the\r\nissuance of findings of fact and conclusions of law, the division shall issue\r\nan order to hold an election, if the election is in accordance with its\r\nfindings and conclusions.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:22. Petition for review. A party to the\r\nproceedings may file with the division a petition for review of the decision\r\nwithin seven days after the party is served with the findings and conclusions.\r\nThe division may, in its discretion, either deny the petition or direct that a\r\nfurther hearing be held or additional evidence received. If a further hearing\r\nis held or additional evidence is received, the division may revise its\r\nfindings, conclusions, or order in whole or in part. Notice of denial of a petition\r\nshall be given as provided in § 47:02:02:01.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:23. Appeals. Appeals may be made from the\r\ndivision's decision in accordance with SDCL 1-26-30 to 1-26-37, inclusive. If an election has been ordered before an appeal has been filed, the election shall be held as scheduled unless there is a court order to the contrary, but no certification shall be issued until the appeal has been terminated.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:24. Elections conducted under supervision of\r\ndivision. If the division determines that an election shall be held, it\r\nshall be conducted under its supervision and direction and shall be by secret\r\nballot.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:25. Sample ballot and notice. A sample ballot\r\nand notice of election setting forth the date, time, places, and purpose of the\r\nelection shall be served upon the parties of record and employees at least 10\r\ndays before the date of the election, unless the time limit is modified by\r\nmutual agreement of the parties or by order of the division.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:26. Conduct of elections. Elections shall be\r\nconducted according to the following rules:
\r\n\r\n\r\n(1) Ballot boxes shall be\r\nexamined by the division before the opening of the polls, in the presence of\r\nthe observers, and shall be locked at the opening of the polls;
\r\n\r\n\r\n(2) When a voter states\r\nunder oath, administered by the division, that because of physical disability\r\nor inability to read and write the voter cannot mark the ballot, the division\r\nshall privately assist the voter in marking the ballot;
\r\n\r\n\r\n(3) A voter shall make a\r\ncross or a check mark in the circle or block, designating the voter's choice in\r\nthe election. The intent of the voter shall be followed in evaluating the\r\nmarking of the ballot. If the ballot is defaced, torn, marked in a manner that\r\nit is not understandable, or identifies the voter, the ballot shall be declared\r\nvoid by the division. If the voter inadvertently spoils a ballot, the voter may\r\nreturn it to the division. The division shall give the voter another ballot,\r\npreserving the spoiled ballot for the time of counting;
\r\n\r\n\r\n(4) A voter shall fold the\r\nballot so that no part of its face is exposed and shall personally deposit the\r\nballot in the ballot box on leaving the polling booth. If the election is\r\ncontinued for more than one period, the ballot box shall remain sealed until\r\nthe subsequent opening of the polls and shall remain in possession of the\r\ndivision until time for the counting of the ballots;
\r\n\r\n\r\n(5) An absentee ballot may\r\nbe mailed to an individual eligible to vote only upon written notice from the\r\nindividual to the division of the individual's inability to be present at the\r\nelection. The voted ballot shall be mailed or delivered by the absentee voter\r\nto the division in the official envelope provided for this purpose. The envelope\r\ncontaining the ballot shall be opened at the time of the counting of ballots\r\nand placed in the ballot box. The ballot shall be in possession of the division\r\nprior to closing of the election at the place of balloting in order to be\r\ncounted.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:27. Voter eligibility. The right of an employee\r\nto vote at an election shall be determined by the division as a result of a\r\nhearing. However, the division may postpone a ruling on eligibility pending the\r\nholding of the election and permit the questioned employees to vote subject to\r\nchallenge, as provided under § 47:02:02:30, if the division determines\r\nthis to be appropriate. Under ordinary circumstances, the employees eligible to\r\nvote are those on the payroll on the date of the election.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:28. Duty to furnish names. At least 7 days\r\nbefore the election the employer shall furnish to each labor organization which\r\nis a party to the proceeding and to the division a list of the names and\r\naddresses of the employees in the appropriate representation unit who were on\r\nthe payroll on the date of the filing of the petition and who are on the\r\npayroll at the time of the submission of the list or upon a date or dates set\r\nby the division.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:29. Observers. The parties to the election may\r\neach designate a representative who is not a supervisor or full-time labor\r\norganization representative unless by mutual agreement of the parties to\r\nobserve that ballots are properly cast and votes properly counted. Observers\r\nare subject to limitations set by the division to assure fair balloting.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:30. Challenged ballots. If the right of an\r\nemployee to vote is challenged at an election by a party to the proceeding, the\r\nchallenge shall be made after the employee has voted but before the ballot is\r\ncast. A challenged ballot shall be sealed in a separate envelope provided for\r\nthat purpose and then shall be delivered to the division which shall determine\r\neligibility. If the challenged ballots are insufficient in number to affect the\r\nresult of the election, no determination of eligibility shall be made.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n 47:
Source:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:32. Eligibility to vote in runoff.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1,\r\n1983.
\r\n\r\n\r\n47:02:02:33. Ballot for runoff election. The ballot for\r\nthe runoff election shall provide for a selection between the two choices\r\nreceiving the largest and second largest number of valid votes cast in the\r\nelection.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:34. Invalid elections. The division may declare\r\nan election void if it appears that this chapter has been violated. Objections\r\nto an election shall be made as provided by §§ 47:02:02:35 to 47:02:02:39,\r\ninclusive.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:35. Objections to elections. Within seven days\r\nafter an election a party shall serve upon all other parties and file with the\r\ndivision its objections to conduct of the election or to the report on the\r\nelection. The objections shall contain a plain statement of the grounds for the\r\nobjections. The division shall rule on the objections. However, if there is a\r\ndefect in making objections, the division may either dismiss them or rule on\r\nthem at its discretion. If no ruling is made by the division within seven days\r\nfrom the receipt of the objection, the election shall be considered valid and a\r\ncertification shall be issued.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:36. Hearings on objections. Sections 47:02:02:19\r\nto 47:02:02:23, inclusive, relating to conduct of hearings, apply to a hearing\r\non challenged ballots or objections to an election. After the close of the\r\nhearing, the division shall issue its decision with regard to the challenges or\r\nobjections, or both.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:37. Opening of challenged ballots. If the\r\ndivision orders that challenged ballots be opened and counted, an amended\r\ntabulation of election results and a certificate of results of the election\r\nshall be issued.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:38. Sustained objections to election. If the\r\ndivision sustains objections to an election, it may direct a new election to be\r\nheld at a time and under circumstances and conditions it considers appropriate.\r\nFor a runoff or rerun election, the division may maintain the same eligibility\r\ndate as the first election or establish a new eligibility date for voters.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:39. Certification. If no runoff election is to\r\nbe held and no timely objections or challenges are filed as provided in\r\n§§ 47:02:02:30 and 47:02:02:35, the division shall issue to the parties a\r\ncertification of the results of the election. The certification shall be in\r\neffect for one year or until another election is held, whichever comes later.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\n47:02:02:40. Activities of governmental agency constituting\r\ngrounds for conducting another election.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1,\r\n1983.
\r\n\r\n\r\n47:02:02:41. Activities of labor organization.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1,\r\n1983.
\r\n\r\n\r\n47:02:02:42. Unfair labor practice may void election. The\r\ncommission of an unfair labor practice by an employer or employee organization\r\nin accordance with SDCL 3-18-3.1 and 3-18-3.2 may constitute sufficient grounds to void an election and conduct another.
\r\n\r\n\r\nSource:\r\n9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\n\r\n\r\n\r\nCHAPTER 47:02:03
\r\n\r\n\r\nPREVENTION OF UNFAIR LABOR PRACTICES
\r\n\r\n\r\n\r\nSection
\r\n\r\n47:02:03:01 Charges of unfair labor practices.
\r\n\r\n47:02:03:02 Complaint and answer.
\r\n\r\n47:02:03:03 Informal conferences.
\r\n\r\n47:02:03:04 Hearings.
\r\n\r\n\r\n\r\n47:02:03:01. Charges of unfair labor practices. A public\r\nemployee or group of employees or a public employer may bring a charge of any\r\nof the unfair labor practices enumerated in SDCL 3-18-3.1 and 3-18-3.2 by filing a charge in writing with the division on forms prescribed by the division.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-3.3.
\r\n\r\n\r\n\r\n\r\n 47:
Source:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR\r\n7, effective July 30, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-3.3.
\r\n\r\n\r\n\r\n\r\n47:02:03:03. Informal conferences. The division may, at\r\nits discretion, hold informal conferences to attempt to resolve the dispute.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR\r\n7, effective July 30, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-3.3.
\r\n\r\n\r\n\r\n\r\n47:02:03:04. Hearings. If the dispute remains unresolved,\r\nthe division shall set a hearing with 10 days' notice for the purpose of\r\nresolving the dispute.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-3.3.
\r\n\r\n\r\n\r\n\r\nCHAPTER 47:02:04
\r\n\r\n\r\nGRIEVANCE PROCEDURES
\r\n\r\n\r\n\r\nSection
\r\n\r\n47:02:04:01 Standard form of grievance procedure.
\r\n\r\n47:02:04:02 Chief administrator.
\r\n\r\n47:02:04:03 Governing\r\nboard.
\r\n\r\n47:02:04:04 Repealed.
\r\n\r\n47:02:04:05 Time limits.
\r\n\r\n47:02:04:06 Representation.
\r\n\r\n\r\n\r\n47:02:04:01. Standard form of grievance procedure. The\r\nfollowing sections constitute the steps to be followed in processing a\r\ngrievance under SDCL 3-18-15.3 when a public body has failed to adopt its own procedure under SDCL 3-18-15.1.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-15.3.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-15.1.
\r\n\r\n\r\n47:02:04:02. Chief administrator. When an employee has a\r\ngrievance, the employee shall meet informally with the chief administrator of\r\nthe employer within 20 days after the employee, through the use of reasonable\r\ndiligence, should have had knowledge of the occurrence that gave rise to the\r\ngrievance. The chief administrator shall set a meeting date as soon as\r\npossible, but not later than seven days after the appeal was filed. Within\r\nseven days after the meeting, the chief administrator shall serve a written\r\ndisposition of the matter upon the party involved. For the purpose of this\r\nsection, chief administrator means the person with final authority on personnel\r\nmatters.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-15.3.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-15.1.
\r\n\r\n\r\n47:02:04:03. Governing board. Within five days after\r\nreceipt of the above disposition, the employee may, if the grievance remains\r\nunresolved, appeal to the governing board, if any. The board or commission\r\nshall hold a formal hearing within 10 days or at its next regularly scheduled\r\nmeeting, whichever comes sooner, and serve a written disposition of the matter\r\non the party within 10 days after the hearing. The grievant may appeal directly\r\nto the division if there is no governing board.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-15.3.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-15.1.
\r\n\r\n\r\n47:02:04:04. Division of Labor and Management Relations.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1,\r\n1983.
\r\n\r\n\r\n47:02:04:05. Time limits. If an employee fails to appeal\r\nwithin the time limits established, the grievance shall be considered void. If\r\nthe employer fails to respond within the time limits, the grievance shall be\r\nconsidered resolved based upon the requested remedy. Time limits can be waived\r\nonly upon a showing of reasonable excuse to the satisfaction of the division.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-15.3.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-15.1.
\r\n\r\n\r\n47:02:04:06. Representation. An employee may be\r\nrepresented at all steps of the grievance procedure by a representative or an\r\nemployee organization selected or approved by the employee.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-15.3.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-15.1.
\r\n\r\n\r\nCHAPTER 47:02:05
\r\n\r\n\r\nIMPASSE CONCILIATION
\r\n\r\n\r\n\r\nSection
\r\n\r\n47:02:05:01 Request procedure.
\r\n\r\n\r\n\r\n47:02:05:01. Request procedure. The party requesting the\r\ndivision to conciliate an impasse in negotiations shall mail the request,\r\naccompanied by a certificate of service, to the division and to the designated\r\nrepresentative for the other party within ten days after a declaration of\r\nimpasse provided for in SDCL 3-18-8.1. The party requesting the division to conciliate shall make the request on a form prescribed by the division.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 27 SDR\r\n1, effective July 19, 2000.
\r\n\r\nGeneral\r\nAuthority: SDCL 3-18-6.
\r\n\r\nLaw\r\nImplemented: SDCL 3-18-8.1.
\r\n\r\n