47:02:01:01. 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:
(1) "Act," chapter 3-18 of the South Dakota Codified Laws;
(2) "Division," the director of the Division of Labor and Management of the Department of Labor, or a designee;
(3) "Employer," the state of South Dakota or any of its political subdivisions, including the public schools and any authority, commission, board, or other branch of the public service;
(4) "Board," the governing body or office holder in charge of the employer;
(5) "Employee," a public employee as defined in SDCL 3-18-1;
(6) "Employee organization," a lawful association, labor organization, federation, council, or brotherhood in which employees participate, having as a primary purpose the improvement of working conditions among public employees, or a craft, trade, or industrial union whose membership includes both public employees and employees of private organizations;
(7) "Representative," an employee organization designated by a group of employees to act as their spokesman for negotiating conditions of employment with the employer;
(8) "Unit," a specifically defined group of employees;
(9) "Parties," all employees, the employer, all employee organizations, and any other person having a special interest in negotiations between the employer and its employees;
(10) "Petitioner," the person, organization, or employer filing a petition under the provisions of SDCL 3-18;
(11) "Respondent," a party other than the petitioner.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 7, effective July 30, 1997.
General Authority: SDCL 3-18-3.3, 3-18-6, 3-18-15.3.
CHAPTER 47:02:02
ELECTIONS
Section
47:02:02:01 Service of documents.
47:02:02:02 Prior request to communicate required.
47:02:02:03 Petitions.
47:02:02:04 Contents of petition.
47:02:02:04.01 Decertification petition.
47:02:02:05 Proof of representation.
47:02:02:06 Waiting period.
47:02:02:07 Form.
47:02:02:08 Service of notice of petition.
47:02:02:09 Other employee organizations.
47:02:02:10 Burden of reporting other organizations.
47:02:02:11 Amendments and withdrawals.
47:02:02:12 Answers.
47:02:02:13 Contents of answer.
47:02:02:14 Extension of time.
47:02:02:15 Failure to file answer.
47:02:02:16 Consent elections.
47:02:02:17 Determination in absence of agreement.
47:02:02:18 Repealed.
47:02:02:19 Notice.
47:02:02:20 Oral arguments and briefs.
47:02:02:21 Order to hold election.
47:02:02:22 Petition for review.
47:02:02:23 Appeals.
47:02:02:24 Elections conducted under supervision of division.
47:02:02:25 Sample ballot and notice.
47:02:02:26 Conduct of elections.
47:02:02:27 Voter eligibility.
47:02:02:28 Duty to furnish names.
47:02:02:29 Observers.
47:02:02:30 Challenged ballots.
47:02:02:31 Runoff elections.
47:02:02:32 Repealed.
47:02:02:33 Ballot for runoff election.
47:02:02:34 Invalid elections.
47:02:02:35 Objections to elections.
47:02:02:36 Hearings on objections.
47:02:02:37 Opening of challenged ballots.
47:02:02:38 Sustained objections to election.
47:02:02:39 Certification.
47:02:02:40 and 47:02:02:41 Repealed.
47:02:02:42 Unfair labor practice may void election.
47:02:02:01. Service of documents. Service of a document authorized or required by the Act or this article may be effected upon employees by posting the document on the employer's premises in one or more conspicuous spots where all employees have access and can see it in their general day-to-day business.
Service of a document may be effected upon all other parties and the division by personal service, by registered or certified mail, by telegraph, or by leaving a copy in the principal office or place of business of persons to be served. The verified return by the individual serving the document, setting forth the manner of the service, is proof of service. The return post office receipt or telegraph receipt, when the document is registered or certified and mailed or telegraphed, is proof of service.
Service upon the chief administrative official of the employer is service upon members of the board. If a party appears by attorney, all papers may be served upon the attorney with the same force and effect as though served upon the party. The division may serve a document upon employees by serving an extra copy with the employer with instructions that it be posted in accordance with this rule.
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 3-18-5.
47:02:02:02. Prior request to communicate required. Before filing a petition under this article, the petitioner must first have filed a written request with all of the parties and with the division, stating its desire to be recognized, to have a determination of a unit made, to have a representative chosen, or any combination of these. A request may be on forms approved by the division or by letter. Upon showing that the parties have in fact held discussions which have been open to all the parties and of which all the parties have been notified this section may be waived.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
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.
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(1) Ten days have elapsed from the date the request under § 47:02:02:02 was served upon the division;
(2) Three days have elapsed following the first meeting of the board after the request has been served upon the employer, provided that the request was served at least seven days before the board meeting; or
(3) The parties have agreed upon a date for the division to begin.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:07. Form. Petitions shall be made in writing on forms approved by the division. The petition may be returned to the petitioner for completion if it is incomplete.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:08. Service of notice of petition. The original and three copies of the petition shall be filed with the division. Upon receipt, provided the waiting period under § 47:02:02:06 has passed, the division shall serve a copy of the petition on each party named in the petition. Notice to the employees shall be made pursuant to § 47:02:02:01. If a party becomes known to the division after notices of the petition have been served, the party shall be served according to § 47:02:02:01 when it becomes known, but this shall not extend the waiting period provided for in § 47:02:02:06.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:09. Other employee organizations. Service of notice upon the employees, as provided in § 47:02:02:01, is notice to all employee organizations not specified in the petition.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:10. Burden of reporting other organizations. The burden of reporting other employee organizations to the division shall rest upon the members of the organizations.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:11. Amendments and withdrawals. The division may permit the petitioner to amend or withdraw the petition at any time before the certification under § 47:02:02:39 has been issued upon terms that are just and consistent with due process, provided that the permission does not prejudice any respondent.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:13. Contents of answer. An answer shall consist of an agreement with the facts and demands made by the petitioner or of a denial or explanation of the facts contained in the petition and may include a counter demand.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:15. Failure to file answer. Failure to file an answer within the time specified in § 47:02:02:12 and failure to ask for an extension of time under § 47:02:02:14 constitutes a default and the remedy requested by the petitioner, if in accordance with the law, will be granted.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:16. Consent elections. When there is no dispute concerning the composition of a unit wishing recognition, the petitioner and the other parties may, with the approval of the division, enter into a consent election agreement on a form furnished by the division. The agreement shall include a description of the appropriate bargaining unit, the payroll period to be used in determining the employees within the appropriate unit who are eligible to vote, and other matters that the division and parties consider appropriate. The time and place of the election shall be determined by the division after consultation with the parties. Sections 47:02:02:24 to 47:02:02:41, inclusive, shall also be applicable to elections conducted under this section.
An election under this section constitutes a waiver of the hearing.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:17. Determination in absence of agreement. When the division finds that the parties are unable to agree upon a suitable method or upon the appropriate unit and it is unable to settle the controversy concerning representation without a hearing, it shall assign the matter for a hearing within 90 days from the filing of the petition.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:18. Contest.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
47:02:02:20. Oral arguments and briefs. Upon request a party is entitled to present at the close of the hearing oral argument which shall be made a part of the record. A party is entitled, upon request made before the close of the hearing, to file a brief with the division which may fix a time limit for the filing. The division may also direct the filing of briefs when the filing is, in its opinion, warranted by the nature of the proceedings or the particular issues involved.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:21. Order to hold election. Concurrent with the issuance of findings of fact and conclusions of law, the division shall issue an order to hold an election, if the election is in accordance with its findings and conclusions.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:22. Petition for review. A party to the proceedings may file with the division a petition for review of the decision within seven days after the party is served with the findings and conclusions. The division may, in its discretion, either deny the petition or direct that a further hearing be held or additional evidence received. If a further hearing is held or additional evidence is received, the division may revise its findings, conclusions, or order in whole or in part. Notice of denial of a petition shall be given as provided in § 47:02:02:01.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:23. Appeals. Appeals may be made from the division'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.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:24. Elections conducted under supervision of division. If the division determines that an election shall be held, it shall be conducted under its supervision and direction and shall be by secret ballot.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:25. Sample ballot and notice. A sample ballot and notice of election setting forth the date, time, places, and purpose of the election shall be served upon the parties of record and employees at least 10 days before the date of the election, unless the time limit is modified by mutual agreement of the parties or by order of the division.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:26. Conduct of elections. Elections shall be conducted according to the following rules:
(1) Ballot boxes shall be examined by the division before the opening of the polls, in the presence of the observers, and shall be locked at the opening of the polls;
(2) When a voter states under oath, administered by the division, that because of physical disability or inability to read and write the voter cannot mark the ballot, the division shall privately assist the voter in marking the ballot;
(3) A voter shall make a cross or a check mark in the circle or block, designating the voter's choice in the election. The intent of the voter shall be followed in evaluating the marking of the ballot. If the ballot is defaced, torn, marked in a manner that it is not understandable, or identifies the voter, the ballot shall be declared void by the division. If the voter inadvertently spoils a ballot, the voter may return it to the division. The division shall give the voter another ballot, preserving the spoiled ballot for the time of counting;
(4) A voter shall fold the ballot so that no part of its face is exposed and shall personally deposit the ballot in the ballot box on leaving the polling booth. If the election is continued for more than one period, the ballot box shall remain sealed until the subsequent opening of the polls and shall remain in possession of the division until time for the counting of the ballots;
(5) An absentee ballot may be mailed to an individual eligible to vote only upon written notice from the individual to the division of the individual's inability to be present at the election. The voted ballot shall be mailed or delivered by the absentee voter to the division in the official envelope provided for this purpose. The envelope containing the ballot shall be opened at the time of the counting of ballots and placed in the ballot box. The ballot shall be in possession of the division prior to closing of the election at the place of balloting in order to be counted.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:27. Voter eligibility. The right of an employee to vote at an election shall be determined by the division as a result of a hearing. However, the division may postpone a ruling on eligibility pending the holding of the election and permit the questioned employees to vote subject to challenge, as provided under § 47:02:02:30, if the division determines this to be appropriate. Under ordinary circumstances, the employees eligible to vote are those on the payroll on the date of the election.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:28. Duty to furnish names. At least 7 days before the election the employer shall furnish to each labor organization which is a party to the proceeding and to the division a list of the names and addresses of the employees in the appropriate representation unit who were on the payroll on the date of the filing of the petition and who are on the payroll at the time of the submission of the list or upon a date or dates set by the division.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:29. Observers. The parties to the election may each designate a representative who is not a supervisor or full-time labor organization representative unless by mutual agreement of the parties to observe that ballots are properly cast and votes properly counted. Observers are subject to limitations set by the division to assure fair balloting.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:30. Challenged ballots. If the right of an employee to vote is challenged at an election by a party to the proceeding, the challenge shall be made after the employee has voted but before the ballot is cast. A challenged ballot shall be sealed in a separate envelope provided for that purpose and then shall be delivered to the division which shall determine eligibility. If the challenged ballots are insufficient in number to affect the result of the election, no determination of eligibility shall be made.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
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Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:32. Eligibility to vote in runoff.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
47:02:02:33. Ballot for runoff election. The ballot for the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:34. Invalid elections. The division may declare an election void if it appears that this chapter has been violated. Objections to an election shall be made as provided by §§ 47:02:02:35 to 47:02:02:39, inclusive.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:35. Objections to elections. Within seven days after an election a party shall serve upon all other parties and file with the division its objections to conduct of the election or to the report on the election. The objections shall contain a plain statement of the grounds for the objections. The division shall rule on the objections. However, if there is a defect in making objections, the division may either dismiss them or rule on them at its discretion. If no ruling is made by the division within seven days from the receipt of the objection, the election shall be considered valid and a certification shall be issued.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:36. Hearings on objections. Sections 47:02:02:19 to 47:02:02:23, inclusive, relating to conduct of hearings, apply to a hearing on challenged ballots or objections to an election. After the close of the hearing, the division shall issue its decision with regard to the challenges or objections, or both.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:37. Opening of challenged ballots. If the division orders that challenged ballots be opened and counted, an amended tabulation of election results and a certificate of results of the election shall be issued.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:38. Sustained objections to election. If the division sustains objections to an election, it may direct a new election to be held at a time and under circumstances and conditions it considers appropriate. For a runoff or rerun election, the division may maintain the same eligibility date as the first election or establish a new eligibility date for voters.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:39. Certification. If no runoff election is to be held and no timely objections or challenges are filed as provided in §§ 47:02:02:30 and 47:02:02:35, the division shall issue to the parties a certification of the results of the election. The certification shall be in effect for one year or until another election is held, whichever comes later.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
47:02:02:40. Activities of governmental agency constituting grounds for conducting another election.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
47:02:02:41. Activities of labor organization.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
47:02:02:42. Unfair labor practice may void election. The commission of an unfair labor practice by an employer or employee organization in accordance with SDCL 3-18-3.1 and 3-18-3.2 may constitute sufficient grounds to void an election and conduct another.
Source: 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-6.
CHAPTER 47:02:03
PREVENTION OF UNFAIR LABOR PRACTICES
Section
47:02:03:01 Charges of unfair labor practices.
47:02:03:02 Complaint and answer.
47:02:03:03 Informal conferences.
47:02:03:04 Hearings.
47:02:03:01. Charges of unfair labor practices. A public employee or group of employees or a public employer may bring a charge of any of 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.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-3.3.
47:
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 7, effective July 30, 1997.
General Authority: SDCL 3-18-3.3.
47:02:03:03. Informal conferences. The division may, at its discretion, hold informal conferences to attempt to resolve the dispute.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 7, effective July 30, 1997.
General Authority: SDCL 3-18-3.3.
47:02:03:04. Hearings. If the dispute remains unresolved, the division shall set a hearing with 10 days' notice for the purpose of resolving the dispute.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-3.3.
CHAPTER 47:02:04
GRIEVANCE PROCEDURES
Section
47:02:04:01 Standard form of grievance procedure.
47:02:04:02 Chief administrator.
47:02:04:03 Governing board.
47:02:04:04 Repealed.
47:02:04:05 Time limits.
47:02:04:06 Representation.
47:02:04:01. Standard form of grievance procedure. The following sections constitute the steps to be followed in processing a grievance under SDCL 3-18-15.3 when a public body has failed to adopt its own procedure under SDCL 3-18-15.1.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:02. Chief administrator. When an employee has a grievance, the employee shall meet informally with the chief administrator of the employer within 20 days after the employee, through the use of reasonable diligence, should have had knowledge of the occurrence that gave rise to the grievance. The chief administrator shall set a meeting date as soon as possible, but not later than seven days after the appeal was filed. Within seven days after the meeting, the chief administrator shall serve a written disposition of the matter upon the party involved. For the purpose of this section, chief administrator means the person with final authority on personnel matters.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:03. Governing board. Within five days after receipt of the above disposition, the employee may, if the grievance remains unresolved, appeal to the governing board, if any. The board or commission shall hold a formal hearing within 10 days or at its next regularly scheduled meeting, whichever comes sooner, and serve a written disposition of the matter on the party within 10 days after the hearing. The grievant may appeal directly to the division if there is no governing board.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:04. Division of Labor and Management Relations.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
47:02:04:05. Time limits. If an employee fails to appeal within the time limits established, the grievance shall be considered void. If the employer fails to respond within the time limits, the grievance shall be considered resolved based upon the requested remedy. Time limits can be waived only upon a showing of reasonable excuse to the satisfaction of the division.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:06. Representation. An employee may be represented at all steps of the grievance procedure by a representative or an employee organization selected or approved by the employee.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:05:01. Request procedure. The party requesting the division to conciliate an impasse in negotiations shall mail the request, accompanied by a certificate of service, to the division and to the designated representative for the other party within ten days after a declaration of impasse 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.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 27 SDR 1, effective July 19, 2000.
General Authority: SDCL 3-18-6.
Law Implemented: SDCL 3-18-8.1.
