§ 28-7-13 - Unfair labor practices.
SECTION 28-7-13
§ 28-7-13 Unfair labor practices. –It shall be an unfair labor practice for an employer to:
(1) Spy on or keep under surveillance, whether directly orthrough agents or any other person, any activities of employees or theirrepresentatives in the exercise of the rights guaranteed by § 28-7-12.
(2) Prepare, maintain, distribute, or circulate any blacklistof individuals for the purpose of preventing any of the individuals fromobtaining or retaining employment because of the exercise of the individuals ofany of the rights guaranteed by § 28-7-12.
(3) Dominate or interfere with the formation, existence, oradministration of any employee organization or association, agency, or planwhich exists in whole or in part for the purpose of dealing with employersconcerning terms or conditions of employment, labor disputes, or grievances, orto contribute financial or other support to any such organization, by anymeans, including, but not limited to, the following:
(i) By participating or assisting in, supervising,controlling, or dominating:
(A) the initiation or creation of any employee organizationor association, agency, or plan, or
(B) the meetings, management, operation, elections,formulation, or amendment of constitution, rules, or policies of any employeeorganization or association, agency or plan;
(ii) By urging the employees to join any employeeorganization or association, agency, or plan for the purpose of encouragingmembership in the organization or association;
(iii) By compensating any employee or individual for servicesperformed in behalf of any employee organization or association, agency orplan, or by donating free services, equipment, materials, office or meetingspace, or any thing else of value for the use of any employee organization orassociation, agency, or plan; provided that an employer shall not be prohibitedfrom permitting employees to confer with him or her during working hourswithout loss of time or pay.
(4) Require an employee or one seeking employment, as acondition of employment, to join any company union or to refrain from forming,or joining, or assisting a labor organization of his own choosing.
(5) Encourage membership in any company union or discouragemembership in any labor organization, by discrimination in regard to hire ortenure or in any term or condition of employment; provided that nothing in thischapter precludes an employer from making an agreement with a labororganization requiring membership in that labor organization as a condition ofemployment, if that labor organization is the representative of employees asprovided in §§ 28-7-14 – 28-7-19.
(6) Refuse to bargain collectively with the representativesof employees, subject to the provisions of §§ 28-7-14 – 28-7-19,except that the refusal to bargain collectively with any representative is not,unless a certification with respect to the representative is in effect under§§ 28-7-14 – 28-7-19, an unfair labor practice in any case whereany other representative, other than a company union, has made a claim that itrepresents a majority of the employees in a conflicting bargaining unit.
(7) Refuse to discuss grievances with representatives ofemployees, subject to the provisions of §§ 28-7-14 – 28-7-19.
(8) Discharge or otherwise discriminate against an employeebecause he or she has signed or filed any affidavit, petition, or complaint orgiven any information or testimony under this chapter.
(9) Distribute or circulate any blacklist of individualsexercising any right created or confirmed by this chapter or of members of alabor organization, or to inform any person of the exercise by any individualof that right, or of the membership of any individual in a labor organizationfor the purpose of preventing individuals so blacklisted or so named fromobtaining or retaining employment.
(10) Do any acts, other than those already enumerated in thissection, which interfere with, restrain or coerce employees in the exercise ofthe rights guaranteed by § 28-7-12.
(11) Fail to implement an arbitrator's award unless there isa stay of its implementation by a court of competent jurisdiction or upon theremoval of the stay.