34-11.1 Public Employees Relations Act
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<![CDATA[CHAPTER 34-11.1PUBLIC EMPLOYEES RELATIONS ACT34-11.1-01. Definitions. In this chapter unless the context otherwise requires:1."Agency" means any department, institution, board, or other similar body of state<br>government, or any political subdivision within the state.2."Appointing authority" means the individuals in any agency who have authority to fill<br>job vacancies.3."Employee" means any person, whether employed, appointed, or under contract,<br>providing services for the state, county, city, or other political subdivision, for which<br>compensation is paid. "Employee" also includes a person subject to the civil service<br>or merit system or civil service laws of the state government, governmental agency,<br>or a political subdivision. "Employee" does not include:a.A person elected to public office in the state or in a political subdivision.b.A member of the legislative council.c.A person holding an appointive statutory office.d.One deputy or principal assistant for each elected official or appointive statutory<br>official.e.One secretary for each elected or appointive statutory official.f.All members of the governor's staff.4."Organization" means any organized group of individuals working together for the<br>common good of public employees and government.34-11.1-02. Political activities. Except when on duty or acting in an official capacity andexcept as otherwise provided by state or federal law, no employee may be prohibited from<br>engaging in political activity or be denied the right to refrain from engaging in such activity.34-11.1-03. Membership in organizations. No employee may be denied the right to bea member of an organization of employees or be intimidated or coerced in a decision to<br>communicate or affiliate with an organization. Public employees have the right to request payroll<br>deduction of dues for membership in an organization of employees.34-11.1-04. Violations for misuse reported by employee - Reprisals prohibited -Furnishing false information - Labor department.1.An employee may, without fear of reprisal, report in writing to the employee's<br>respective agency head, a state's attorney, the attorney general, or an employee<br>organization the existence of:a.A job-related violation of local, state, or federal law, rule, regulation, or<br>ordinance.b.The job-related misuse of public resources.2.For having made a report under subsection 1, no employee will:a.Be dismissed from employment.Page No. 1b.Have salary increases or employment-related benefits withheld.c.Be transferred or reassigned.d.Be denied a promotion that the employee otherwise would have received.e.Be demoted.f.Be discriminated against in any term or condition of employment.3.An employee who intentionally furnishes false information is subject to disciplinary<br>action, including suspension or dismissal as determined by the employee's<br>appointing authority or designee. An employee claiming reprisal under this section<br>may appeal first to the human resource management services division and then to<br>the district court in the manner prescribed by chapter 28-32, or to other appropriate<br>offices and then to district court if the employee is not under the jurisdiction of the<br>human resource management services division.4.The labor department shall receive complaints of violations of this section and may<br>attempt to obtain voluntary compliance with this section through informal advice,<br>negotiation, or conciliation.To receive assistance from the labor department, aperson claiming to be aggrieved by a violation of this section shall file a complaint<br>with the department within three hundred days after the alleged act of wrongdoing.<br>An employee is not prohibited from filing, or required to file, a complaint with the<br>labor department under this subsection before proceeding under other provisions of<br>this section.5.An employee of the state may appeal a claim of reprisal under this section in the<br>manner prescribed for a classified employee under chapter 54-44.3.Thissubsection does not apply to an employee under the jurisdiction of the state board of<br>higher education or the judicial branch of government.34-11.1-04.1.Discrimination on basis of marital status in state employmentprohibited - Exception. Each state employee is, if otherwise qualified, entitled to work with that<br>state employee's spouse.A state agency may not discriminate against an employee or anapplicant for employment, with respect to working conditions, workplace assignment, or other<br>privileges of employment, merely because the spouse of that employee or applicant is also an<br>employee of that state agency. Compliance with section 44-04-09 is not discrimination under this<br>section.34-11.1-04.2. Employee representation at grievance proceeding. An employee whois a party to a work-related grievance proceeding may be accompanied, advised, and<br>represented throughout the proceeding by another employee or by a representative chosen by<br>the employee involved in the proceeding.34-11.1-05.Prohibited acts.No agency, appointing authority, organization, oremployee may directly or indirectly:1.Require or coerce any agency employee to participate in any way in any activity or<br>undertaking unless the activity or undertaking is related to the performance of official<br>duties.2.Require or coerce any agency employee to make any report concerning any<br>activities or undertaking unless the activity or undertaking is related to the<br>performance of official duties.3.Require any agency employee to invest or contribute earnings in any manner or for<br>any purpose, except for participation in the employees retirement program.Page No. 24.Restrict or attempt to restrict after-working-hour statements, pronouncements, or<br>other activities of any agency employee not otherwise prohibited by law which<br>pertains to matters of public concern, if the employee does not purport to speak or<br>act in an official capacity.5.Restrict or attempt to restrict access of any employee to any member or committee<br>of the legislative assembly.34-11.1-06. Penalties or threats prohibited. No employee may suffer a penalty or thethreat of a penalty because that employee exercised rights under this chapter.34-11.1-07.Other rights or legal remedies unimpaired.Nothing in this chapterdisparages, impairs, or limits any other right or legal remedy of an employee.34-11.1-08.Penalty.A violation of the provisions in this chapter is a class Bmisdemeanor.Page No. 3Document Outlinechapter 34-11.1 public employees relations act]]>