41.76.050 - Unfair labor practices.

Unfair labor practices.

(1) It is an unfair labor practice for an employer to:

     (a) Interfere with, restrain, or coerce faculty members in the exercise of the rights guaranteed by this chapter;

     (b) Dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it: PROVIDED, That subject to rules adopted by the commission, an employer is not prohibited from permitting faculty members to confer with it or its representatives or agents during working hours without loss of time or pay;

     (c) Encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment;

     (d) Discharge or discriminate otherwise against a faculty member because that faculty member has filed charges or given testimony under this chapter;

     (e) Refuse to bargain collectively with the exclusive bargaining representative of its faculty.

     (2) It is an unfair labor practice for an employee organization to:

     (a) Restrain or coerce a faculty member in the exercise of the rights guaranteed by this chapter: PROVIDED, That this subsection does not impair the rights of (i) an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization or (ii) to the rights of an employer in the selection of its representatives for the purpose of bargaining or the adjustment of grievances;

     (b) Cause or attempt to cause an employer to discriminate against a faculty member in violation of subsection (1)(c) of this section;

     (c) Discriminate against a faculty member because that faculty member has filed charges or given testimony under this chapter;

     (d) Refuse to bargain collectively with an employer.

     (3) The expressing of any view, arguments, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.

[2002 c 356 § 13.]