23-1385 - Unfair labor practices; definition
23-1385. Unfair labor practices;
definition
A. It is an unfair labor practice for an agricultural employer:
1. To interfere with, restrain or coerce employees in the exercise of the rights
guaranteed in section 23-1383 and articles 1 and 3 of this chapter or to violate the
protection of employees from the practices described in article 4 of this chapter.
2. To dominate or interfere with the formation or administration of any labor
organization or contribute financial or other support to it. An agricultural employer
shall not be prohibited from permitting employees to confer with him during working hours
without loss of time or pay.
3. To encourage or discourage membership in any labor organization by
discrimination in regard to hiring or tenure of employment or any term or condition of
employment.
4. To discharge or otherwise discriminate against an agricultural employee because
he has filed charges or given testimony under this article.
5. To refuse to bargain collectively with the representatives of his employees,
subject to section 23-1389. Nothing in this article shall be construed as requiring an
agricultural employer to bargain collectively until a representative of his agricultural
employees has been determined by means of a valid secret ballot election.
6. To discharge or otherwise discriminate against any person because he has filed
charges or given testimony before the board or a court.
7. To threaten to have discharged any agricultural employee, or threaten to have
wages of any agricultural employees reduced, solely because of any labor activity.
B. It is an unfair labor practice for a labor organization or its agents to:
1. Impose any economic sanction, to restrain or coerce agricultural employees in
the exercise of their rights or to coerce or intimidate any employee in the enjoyment of
his legal rights provided by this article, or to intimidate his family, picket his
domicile or injure the person or property of any employee or his family. This paragraph
does not impair the right of a labor organization to prescribe its own rules with respect
to the acquisition or retention of membership.
2. Threaten or impose any economic sanction or reprisal against any person who is
not a member of the labor organization in the exercise of rights under this article,
including but not limited to the right to refrain from any or all concerted activity, or
against any person, who is not a member of the labor organization, who refrains from
compliance with a union rule, policy or practice that establishes or affects wages, hours
or working conditions at such person's place of employment.
3. Restrain, coerce, or threaten or impose any fine or other economic sanction
against any person who invokes the processes of the board, or the court, or against an
agricultural employer or employee in the selection of his representatives for the
purposes of collective bargaining or the adjustment of grievances.
4. Refuse to bargain collectively with an agricultural employer, provided it is the
majority representative of his agricultural employees as determined pursuant to section
23-1389.
5. Cause or attempt to cause an agricultural employer to:
(a) Pay or deliver or agree to pay or deliver any money or other thing of value for
services that are not performed or that are not to be performed.
(b) Establish or alter the number of employees to be employed or the assignment of
the employees.
(c) Assign work to the employees of a particular employer.
(d) Discriminate in regard to hiring or tenure of employment or any term or
condition of employment to encourage or discourage membership in any labor
organization. Nothing in this subdivision prohibits agreements between labor
organizations and agricultural employers that regulate hiring and tenure of employment on
the basis of seniority, and the labor organization is not given power to determine
seniority unilaterally.
6. Engage in a secondary boycott as defined in section 23-1321.
7. Induce or encourage or threaten, restrain or coerce any secondary employer or
any executive or management employee of any secondary employer to make a management
decision not to handle, transport, process, pack, sell or distribute any agricultural
commodity of an agricultural employer with whom a labor dispute exists.
8. Induce or encourage the ultimate consumer of any agricultural product to refrain
from purchasing, consuming or using such agricultural product by the use of dishonest,
untruthful and deceptive publicity. Permissible inducement or encouragement within the
meaning of this section means truthful, honest and nondeceptive publicity that identifies
the agricultural product produced by an agricultural employer with whom the labor
organization has a primary dispute. Permissible inducement or encouragement does not
include publicity directed against any trademark, trade name or generic name that may
include agricultural products of another producer or user of such trademark, trade name
or generic name.
9. Restrain, coerce or threaten an ultimate consumer to prevent him from
purchasing, consuming or using such agricultural product.
10. Threaten or engage in arson, libel, slander, injury to person or property or
other violent conduct if the objective is to prevent the preparing for market,
transporting, handling, displaying for sale, or selling of any agricultural product.
11. Intimidate, restrain or coerce agricultural employers in the exercise of the
rights guaranteed by section 23-1384.
12. Picket or cause to be picketed, boycott or cause to be boycotted, or threaten to
boycott or picket, or cause to be boycotted or picketed, any agricultural employer if the
objective is to induce, encourage, force or require an agricultural employer to recognize
or bargain with a labor organization as the representative of his agricultural employees,
or the agricultural employees of an agricultural employer to accept or select such labor
organization as their collective bargaining representative unless such labor organization
is currently certified as the representative of such employees:
(a) If the agricultural employer has lawfully recognized in accordance with this
article any other labor organization and a question concerning representation may not
appropriately be raised under section 23-1389.
(b) If within the preceding twelve months a valid election under section 23-1389
has been conducted.
(c) If a petition has been filed under section 23-1389.
13. Call a strike unless a majority of the employees within the bargaining unit has
first approved the calling of such a strike by secret ballot.
C. The expressing of any views, argument or opinion or the making of any statement,
including expressions intended to influence the outcome of an organizing campaign, a
bargaining controversy, a strike, lockout or other labor dispute, or the dissemination of
such views whether in written, printed, graphic, visual or auditory form, if such
expression contains no threat of reprisal or force or promise of benefit, does not
constitute or is not evidence of an unfair labor practice or does not constitute grounds
for, or evidence justifying, setting aside the results of any election conducted under
any of the provisions of this article. A statement of fact by either a labor
organization or an agricultural employer relating to existing or proposed operations of
the employer or to existing or proposed terms, tenure or conditions of employment with
the employer shall not be considered to constitute a threat of reprisal or force or
promise of benefit. An employer shall not be required to furnish or make available to a
labor organization, and no labor organization shall be required to furnish or make
available to an employer, materials, information, time or facilities to enable such
employer or labor organization, as the case may be, to communicate with employees of the
employer, members of the labor organization, its supporters or its adherents.
D. For the purposes of this section, "bargain collectively" means the performance
of the mutual obligation of the agricultural employer and the representative of the
agricultural employees to meet at reasonable times and confer in good faith with respect
to wages, hours, and other terms and conditions of employment that directly affect the
work of employees, or the negotiation of an agreement, or to resolve any question arising
thereunder. Bargain collectively includes the furnishing of necessary and relevant
information in connection with the negotiation of an agreement or any issue arising under
such agreement, or requiring as a condition for entering into an agreement the execution
of a written contract incorporating any agreement reached if requested by either party.
The failure or refusal of either party to agree to a proposal, to the making, changing or
withdrawing of a lawful proposal or to the making of a concession does not constitute, or
is not evidence, direct or indirect, of, a breach of this obligation. The board in any
remedial order shall not direct either party to make any concession, agree to any
proposal or make any payment of money except to employees who are reinstated with back
pay as provided in section 23-1390. This section does not require any agricultural
employer to bargain collectively with respect to any management rights. "Management
rights", as used in this subsection, includes but is not limited to the right to
discontinue the entire farming operation or any part of the operation, to contract out
any part of the work of the operation not covered by a labor contract, to sell or lease
any of the real or personal property involved in the operation or to determine the
methods, equipment and facilities to be used in producing agricultural products or the
agricultural products to be produced.
E. If there is in effect a collective bargaining contract covering agricultural
employees, the duty to bargain collectively also means that no party to the contract may
terminate or modify the contract, unless the party desiring such termination or
modification:
1. Serves a written notice on the other party to the contract of the proposed
termination or modification not less than sixty days prior to the expiration date of the
contract, or if such contract contains no expiration date, sixty days prior to the time
it is proposed to make such termination or modification.
2. Offers to meet and confer with the other party for the purpose of negotiating a
new contract or a contract containing the proposed modifications.
3. Continues the contract in full force and effect without resorting to a strike or
lockout for a period of sixty days after such notice is given or until the expiration
date of such contract, whichever occurs later.
F. The duties imposed on agricultural employers, agricultural employees and labor
organizations become inapplicable on an intervening certification of the board, under
which the labor organization or individual that is a party to the contract has been
superseded as or ceased to be the representative of the employees subject to section
23-1389, and the duties so imposed shall not be construed as requiring either party to
discuss or agree to any modification of the terms and conditions contained in a contract
for a fixed period, if such modification is to become effective before such terms and
conditions can be reopened under the provisions of the contract. Any agricultural
employee who engages in a strike within the sixty day period specified in this subsection
loses his status as an agricultural employee of the agricultural employer engaged in the
particular labor dispute for the purposes of this section and sections 23-1389 and
23-1390, but such loss of status for such employee terminates when he is reemployed by
such employer.
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