Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 704
Unfair labor practices
Labor (LAB) CHAPTER 31, ARTICLE 20
§ 704. Unfair labor practices. It shall be an unfair labor practice
for an employer:

1. To spy upon or keep under surveillance, whether directly or through
agents or any other person, any activities of employees or their
representatives in the exercise of the rights guaranteed by section
seven hundred three.

2. To prepare, maintain, distribute or circulate any blacklist of
individuals for the purpose of preventing any of such individuals from
obtaining or retaining employment because of the exercise by such
individuals of any of the rights guaranteed by section seven hundred
three.

3. To dominate or interfere with the formation, existence, or
administration of any employee organization or association, agency or
plan which exists in whole or in part for the purpose of dealing with
employers concerning terms or conditions of employment, labor disputes
or grievances, or to contribute financial or other support to any such
organization, by any means, including but not limited to the following:
(a) by participating or assisting in, supervising, controlling or
dominating (1) the initiation or creation of any such employee
organization or association, agency, or plan, or (2) the meetings,
management, operation, elections, formulation or amendment of
constitution, rules or policies, of any such employee organization or
association, agency or plan; (b) by urging the employees to join any
such employee organization or association, agency or plan for the
purpose of encouraging membership in the same; (c) by compensating any
employee or individual for services performed in behalf of any such
employee organization or association, agency or plan, or by donating
free services, equipment, materials, office or meeting space or anything
else of value for the use of any such employee organization or
association, agency or plan; provided that, an employer shall not be
prohibited from permitting employees to confer with him during working
hours without loss of time or pay.

4. To require an employee or one seeking employment, as a condition of
employment, to join any company union or to refrain from forming, or
joining or assisting a labor organization of his own choosing.

5. To encourage membership in any company union or discourage
membership in any labor organization, by discrimination in regard to
hire or tenure or in any term or condition of employment: Provided that
nothing in this article shall preclude an employer from making an
agreement with a labor organization requiring as a condition of
employment membership therein, if such labor organization is the
representative of employees as provided in section seven hundred five.

6. To refuse to bargain collectively with the representatives of
employees, subject to the provisions of section seven hundred five.

7. To refuse to discuss grievances with representatives of employees,
subject to the provisions of section seven hundred five.

8. To discharge or otherwise discriminate against an employee because
he has signed or filed any affidavit, petition or complaint or given any
information or testimony under this article.

9. To distribute or circulate any blacklist of individuals exercising
any right created or confirmed by this article or of members of a labor
organization, or to inform any person of the exercise by any individual
of such right, or of the membership of any individual in a labor
organization for the purpose of preventing individuals so blacklisted or
so named from obtaining or retaining employment.

10. To do any acts, other than those already enumerated in this
section, which interfere with, restrain or coerce employees in the
exercise of the rights guaranteed by section seven hundred three.

11. To utilize any state funding appropriated for any purpose to train
managers, supervisors or other administrative personnel regarding
methods to discourage union organization, or to discourage an employee
from participating in a union organizing drive.