When a governmental agency declines to grant formal recognition or when a question concerning the designation of a representation unit is raised by the governmental agency, labor or employee organization, or employees, the Department of Labor and Regulation or any person designated by it shall, at the request of any of the parties, investigate such question and, after a hearing if requested by any party, rule on the definition of the appropriate representation unit. The department shall certify to the parties in writing the proper definition of the unit. In defining the unit, the department shall take into consideration, along with other relevant factors, the principles of efficient administration of government, the principles and the coverage of uniform comprehensive position classification and compensation plans in the governmental agency, the history and extent of organization, occupational classification, administrative and supervisory levels of authority, geographical location, and the recommendations of the parties.
S.D. Codified Laws § 3-18-4
Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit
Applied in 3 court decisions — leading case Board of Regents v. Carter (1975)
Most recently applied in Bon Homme County Commission v. American Federation of State, County, & Municipal Employees (AFSCME), Local 1743A (June 2005)
Source: SL 1969, ch 88, § 7, subdiv 4; SL 2011, ch 1 (Ex
How often courts cite this section
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.