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S.D. Codified Laws § 3-18-3.2

Unfair practices of employee organizations defined

Applied in 3 court decisions — leading case Bon Homme County Commission v. American Federation of State, County, & Municipal Employees (AFSCME), Local 1743A (2005)

Most recently applied in International Union of Operating Engineers v. City of Pierre (July 2011)

Source: SL 1973, ch 30, § 2; SL 1993, ch 375, § 7.

How often courts cite this section

20052010201110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

It is an unfair practice for an employee organization or its agents to:

(1) Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this subdivision does not impair the right of an employee organization to prescribe its own requirements with respect to the acquisition or retention of membership therein;

(2) Restrain or coerce an employer in the selection of his representative for the purpose of collective bargaining or the adjustment of grievances;

(3) Cause or attempt to cause an employer to discriminate against an employee in violation of subdivision 3-18-3.1(3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground; and

(4) Refuse to negotiate collectively in good faith with an employer, provided it is the formal representative.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.