34-20-8 - Unfair labor practices.
34-20-8. Unfair labor practices.
(1) It shall be an unfair labor practice for an employer, individually or in concert withothers:
(a) To interfere with, restrain or coerce employees in the exercise of the rights guaranteedin Section 34-20-7.
(b) To dominate or interfere with the formation or administration of any labororganization or contribute financial or other support to it; provided, that subject to rules andregulations made and published by the board pursuant to Section 34-20-6, an employer shall notbe prohibited from permitting employees to confer with him during working hours without loss oftime or pay.
(c) By discrimination in regard to hire or tenure of employment or any term of conditionof employment to encourage or discourage membership in any labor organization; provided, thatnothing in this act shall preclude an employer from making an agreement with a labororganization (not established, maintained or assisted by any action defined in this act as an unfairlabor practice) to require as a condition of employment, membership therein, if such labororganization is the representative of the employees as provided in Subsection 34-20-9(1) in theappropriate collective bargaining unit covered by such agreement when made.
(d) To refuse to bargain collectively with the representative of a majority of hisemployees in any collective bargaining unit; provided, that, when two or more labor organizationsclaim to represent a majority of the employees in the bargaining unit, the employer shall be free tofile with the board a petition for investigation of certification of representatives and during thependency of such proceedings the employer shall not be deemed to have refused to bargain.
(e) To bargain collectively with the representatives of less than a majority of hisemployees in a collective bargaining unit.
(f) To discharge or otherwise discriminate against an employee because he has filedcharges or given testimony under this act.
(2) It shall be an unfair labor practice for an employee individually or in concert withothers:
(a) To coerce or intimidate an employee in the enjoyment of his legal rights, includingthose guaranteed in Section 34-20-7, or to intimidate his family, picket his domicile, or injure theperson or property of such employee or his family.
(b) To coerce, intimidate or induce an employer to interfere with any of his employees inthe enjoyment of their legal rights, including those guaranteed in Section 34-20-7, or to engage inany practice with regard to his employees which would constitute an unfair labor practice ifundertaken by him on his own initiative.
(c) To co-operate in engaging in, promoting, or inducing picketing (not constituting anexercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant ofa strike unless a majority in a collective bargaining unit of the employees of an employer againstwhom such acts are primarily directed have voted by secret ballot to call a strike.
(d) To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion ofany kind the pursuit of any lawful work or employment, or to obstruct or interfere with entranceto or egress from any place of employment, or to obstruct or interfere with free and uninterrupteduse of public roads, streets, highways, railways, airports, or other ways of travel or conveyance.
(e) To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation,force, coercion, or sabotage, the obtaining, use or disposition of materials, equipment, or services;
or to combine or conspire to hinder or prevent the obtaining, use or disposition of materials,equipment or services, provided, however, that nothing herein shall prevent sympathetic strikes insupport of those in similar occupations working for other employers in the same craft.
(f) To take unauthorized possession of property of the employer.
(3) It shall be an unfair labor practice for any person to do or cause to be done on behalfof or in the interest of employers or employees, or in connection with or to influence the outcomeof any controversy as to employment relations, any act prohibited by Subsections (1) and (2) ofthis section.
Enacted by Chapter 85, 1969 General Session