Title 39, Title 39

Collective bargaining agreements entered after July 14, 1982, may not contain provisions prohibiting or restricting the use of inmate labor as provided for in 53-30-151.

It is an unfair labor practice for a public employer to: (1) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201; (2) dominate, interfere, or assist in the formation or administration of any labor organization. However, subject to r…

It is an unfair labor practice for a labor organization or its agents to: (1) restrain or coerce: (a) employees in the exercise of the right guaranteed in 39-31-201; or (b) a public employer in the selection of a representative for the purpose of collective bargaining or the adju…

Violations of the provisions of 39-31-401 or 39-31-402 are unfair labor practices remediable by the board pursuant to this part.

A notice of hearing may not be issued based upon any unfair labor practice more than 6 months before the filing of the charge with the board unless the person aggrieved was prevented from filing the charge by reason of service in the armed forces, in which event the 6-month perio…

(1) Whenever a complaint is filed alleging that any person has engaged in or is engaging in any such unfair labor practice, the board shall issue and cause to be served upon the person a copy of the complaint and provide the person with an opportunity to respond to all charges. A…

(1) The complainant and the person charged must be parties and shall appear in person or otherwise give testimony at the place and time fixed in the notice of hearing. In the discretion of the board or its agent conducting the hearing, any other person may be allowed to intervene…

Any complaint may be amended by the complainant at any time prior to the issuance of an order based thereon, provided that the charged party is not unfairly prejudiced thereby.

Until the record in a proceeding has been filed in district court, the board at any time, upon reasonable notice and in such manner as it considers proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.

(1) The board or the complaining party may petition for the enforcement of the order of the board and for appropriate temporary relief or a restraining order and shall file in the district court at its own expense the record in the proceedings. (2) Upon the filing of the petition…

(1) It is unlawful for a police officer to strike or recognize a picket line of a labor organization while in the performance of official duties. (2) (a) As used in this section, "strike" means an action listed in subsection (2)(b), in concerted action with others, for the purpos…

(1) If after a 150-calendar-day period of good faith negotiation over the terms of an agreement or 150 days after certification or recognition of an exclusive representative an agreement has not been signed, either or both of the parties may notify the board of personnel appeals …

(1) It is the policy of the state that because the right of police officers to strike is prohibited by 39-31-501, it is necessary to the high morale of police officers and to the efficient operation of police departments to provide an alternative, expeditious, and effective proce…

(1) (a) After receipt of the petition to arbitrate under 39-31-502(2)(d), the board of personnel appeals shall submit a list of five qualified, disinterested, and unbiased individuals to the parties. Each party shall alternately strike two names from the list. The order of striki…

Subject to Title 27, chapter 5, part 3, the decision of the arbitrator is final and is binding on the parties, and the board of personnel appeals shall issue an order containing the decision. Refusal or failure to comply with any provision of a final and binding arbitration award…

The purpose of this chapter is to encourage effective measures to assure uninterrupted continuation of sufficient competent nursing care of the ill and infirm in the state and further to encourage the practice of mutually and peacefully agreeing upon the establishment and mainten…

As used in this chapter, unless the context clearly requires otherwise, the following definitions apply: (1) "Appropriate unit" means a homogenous group of employees of a health care facility having similar duties and qualifications determined pursuant to 39-32-106. (2) "Board" m…

The board shall adopt and promulgate rules to carry into effect the provisions of this chapter.

The board may set the time and place for hearings for determination of the composition of appropriate units when requested to make such determination under 39-32-106(2).

(1) The board may determine, on its own motion by holding hearings or conducting such investigations as it thinks necessary, general classifications for health care facilities and appropriate units. (2) When such determination has been made hereunder and when an application has b…

(1) The composition of an appropriate unit in a health care facility, for purposes of this law, may be determined by mutual consent between such facility and the employees thereof. (2) In the event no such mutual consent is available, then either the facility or representatives o…

(1) It is an unfair labor practice for a health care facility to do one or more of the following: (a) interfere with or restrain or coerce employees in any manner in the exercise of their right of self-organization; (b) initiate, create, dominate, contribute to, or interfere with…

It shall be unlawful for any employee of a health care facility, as defined in 39-32-102, to participate in a strike if there is another strike in effect at another health care facility within a radius of 150 miles. Employees of a health care facility, as defined in 39-32-102, or…

Violations of 39-32-109 are remediable by the board, and board orders are enforceable and reviewable by the court in the same manner as provided for in Title 39, chapter 31, part 4.

Representation questions shall be decided by the board in the same manner as provided for in 39-31-207 through 39-31-210.

The board has the same power to subpoena witnesses and administer oaths and affirmations under this chapter as it does under Title 39, chapter 31, and the provisions of 39-31-106 and 39-31-107 are incorporated by reference into this chapter.

It is the intent of this part that a sole proprietor or a member of a partnership consisting of not more than two partners who own a retail or amusement establishment and the members of the proprietor's or partner's immediate family may do any work in the place of business withou…

"Immediate family" includes the owner, the owner's spouse, and any children under the age of 18 years.

Any union or member of a union who infringes or interferes with the right of an owner and the members of the owner's immediate family to do any work in the owner's place of business is guilty of an unfair labor practice.

Nothing in this part shall apply to an establishment that sells liquor or beer.

Violation of any of the provisions of this part shall be punishable by a fine of $50.

No person, partnership, firm, or officer or agent thereof may recruit, procure, supply, or refer a professional strikebreaker for employment in place of an employee involved in a labor dispute when such person, partnership, or firm is not a party to the dispute.

(1) An employer involved in a labor dispute may not employ in the place of an employee involved in the dispute a professional strikebreaker who customarily and repeatedly offers to be employed in the place of employees involved in labor disputes. (2) A professional strikebreaker …

No employer involved in a labor dispute may contract or arrange with any other person, partnership, or firm for the latter to recruit, procure, supply, or refer professional strikebreakers for employment in place of employees involved in the dispute.

No person, partnership, or firm may recruit, solicit, or advertise for employees or refer persons to employment in place of employees involved in a labor dispute without adequate notice in such advertisement or reference that there is a labor dispute at the place at which employm…

A person convicted of violating 39-33-201, 39-33-202, or 39-33-203 shall be punished by a fine of not less than $1,000 or more than $5,000 or by imprisonment for not less than 1 or more than 2 years. A person convicted of violating 39-33-204 shall be punished by a fine of not les…

(1) This section applies only to firefighters and their public employers. (2) If an impasse is reached in the course of collective bargaining between a public employer and a firefighters' organization or its exclusive representative and if the procedures for mediation and factfin…

Within 3 days of the receipt of a petition for final and binding arbitration, the board of personnel appeals shall submit to the parties a list of five qualified and disinterested arbitrators. From the list submitted by the board, the parties shall alternately strike two names. T…

(1) The arbitrator shall establish dates and a place for hearings and may subpoena witnesses and require the submission of evidence necessary to resolve the impasse. (2) Prior to making a determination on any issue relating to the impasse, the arbitrator may refer the issues back…

Nothing prohibits the parties to the impasse from reaching an agreement prior to the rendering of a determination by the arbitrator.

Strikes are prohibited during the term of any contract and the negotiations or arbitration of that contract.

The cost of arbitration shall be shared equally by the public employer and the firefighters' organization or its exclusive representative.

This chapter shall be known and may be cited as the "Unemployment Insurance Law".

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: (1) Economic insecurity because of unemployment is a serious menace to the health, morals, and welfare of the people of this state. (2) Involuntary unem…

(1) Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the unemployment insurance fund, and neither the state nor the department shall be liable for an…

If Title III or Title IX of the federal Social Security Act is declared unconstitutional or in any way becomes inoperative, then this chapter shall terminate and cease and have no force and effect as of the date when said title or titles of said act are declared unconstitutional …