34-20-9 - Collective bargaining -- Representatives -- Powers of board.
34-20-9. Collective bargaining -- Representatives -- Powers of board.
(1) (a) Representatives designated or selected for the purposes of collective bargaining bythe majority of the employees in a unit appropriate for those purposes shall be the exclusiverepresentatives of all the employees in that unit for the purposes of collective bargaining inrespect to rate of pay, wages, hours of employment, and of other conditions of employment.
(b) Any individual employee or group of employees may present grievances to theiremployer at any time.
(2) The board shall decide in each case whether, in order to ensure to employees the fullbenefit of their right to self-organization and to collective bargaining, and otherwise to effectuatethe policies of this act, the unit appropriate for the purposes of collective bargaining shall be theemployer unit, craft unit, plant unit, or subdivision of same.
(3) Whenever a question affecting intrastate commerce or the orderly operation ofindustry arises concerning the representation of employees, the board may investigate suchcontroversy and certify to the parties in writing, the name or names of the representatives thathave been designated or selected. In any such investigation, the board shall provide for anappropriate hearing upon due notice, either in conjunction with a proceeding under Section34-20-10, or otherwise, and may take a secret ballot of employees, or utilize any other suitablemethod to ascertain such representatives.
(4) (a) Whenever an order of the board made according to Section 34-20-10 is based inwhole or in part upon facts certified following an investigation under Subsection (3), and there isa petition for the enforcement or review of such order, the certification and the record of theinvestigation shall be included in the transcript of the entire record required to be filed underSection 34-20-10.
(b) The decree of the court enforcing, modifying, or setting aside in whole or in part theorder of the board shall be made and entered upon the pleadings, testimony, and proceedings setforth in the transcript.
Amended by Chapter 161, 1987 General Session