Title 60 — LABOR AND EMPLOYMENT
17 chapters · 173 sections in this title.
SDCL § 60-9A-1 Definition of terms
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Terms used in this chapter mean: (1) "Collective bargaining unit," an organization selected by secret ballot by a majority vote of the employees of a unit appropriate for such purpose; (2) "Department," the Department of Labor and Regulation or any of its officers or employees au…
SDCL § 60-9A-10 Request for departmental intervention on failure to agree--Other procedures allowed
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In case of a labor dispute or grievance, including but not limited to an impasse or failure to reach an agreement in negotiations, either party may request the department to intervene under the provisions of §§ 60-10-1 to 60-10-3 , inclusive. Nothing in this section shall prohibi…
SDCL § 60-9A-11 SDCL 60-9A-11
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Repealed by SL 1983, ch 22 , § 5.
SDCL § 60-9A-12 Unfair practices by employers
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It shall be an unfair practice for an employer to: (1) Interfere with, restrain, or coerce employees in the exercise of rights guaranteed by law; (2) Dominate, interfere, or assist in the formation or administration of any collective bargaining unit, or contribute financial or ot…
SDCL § 60-9A-13 Unfair practices by collective bargaining units
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It is an unfair practice for a collective bargaining unit 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 requiremen…
SDCL § 60-9A-14 Closed shop and agency shop contracts not authorized
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Nothing in this chapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization or requiring the payment of fees or contributions of any kind whatsoever in lieu of membership to a labor organization as a condition …
SDCL § 60-9A-2 Rights of employees--Labor organizations--Collective bargaining
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In accordance with this chapter, employees shall have the right of self - organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the pur…
SDCL § 60-9A-3 Collective bargaining unit as exclusive representative of employees--Individual grievances excepted
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A collective bargaining unit chosen for the purpose of collective bargaining by a majority of the employees in the unit shall be the exclusive representative of all employees in such unit; and provided that the employees individually shall have the right at any time to present gr…
SDCL § 60-9A-4 Administration and enforcement
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The Department of Labor and Regulation shall administer and enforce the provisions of this chapter. Source: SL 1974, ch 323 , § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
SDCL § 60-9A-5 Jurisdiction of department over labor disputes and grievances
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The department shall have jurisdiction over any labor dispute or grievance not subject to the provisions of the Federal Railway Labor Act, and over which the national labor relations board does not have or has declined to assert jurisdiction on substantive grounds. For purposes o…
SDCL § 60-9A-6 Determinations as to composition of bargaining unit--Certification
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Whenever a question concerning the composition of employees covered by a collective bargaining unit is raised by an employer or an employee, or the representative of either of them, the department shall investigate such question and, after a hearing conducted pursuant to chapter …
SDCL § 60-9A-7 Investigation of bargaining unit questions--Election by employees--Waiting period before reconsideration
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When a question concerning the collective bargaining unit of employees is raised by an employer, or an employee or the representative of either of them, the department shall investigate such question and certify to the parties in writing, the name or names of the collective barga…
SDCL § 60-9A-8 Tentative settlements--Recommendations to employer and bargaining units
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If a tentative settlement is reached between an employer and employee or the representative of either of them, such representatives shall recommend to the employer and employee collective bargaining unit, respectively, such settlement. The collective bargaining unit and the emplo…
SDCL § 60-9A-9 Implementation of labor agreements--Failure to bargain in good faith
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If a settlement is reached between an employer and collective bargaining unit or the representative of either of them, the settlement in the form of an agreement shall be implemented by the employer. Failure to make a reasonable effort to implement a settlement by either party sh…