Federal & State Regulations | Collective Bargaining Agreements - South Dakota

State Info

Summary of differences between federal and state regulations

South Dakota has substantial labor relations laws; however they are similar to the protections provided under the National Labor Relations Act and Labor-Management Reporting and Disclosure Act.

Collective bargaining

Under state law, 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. However, the employees individually have the right at any time to present grievances to their employer in person or through representatives of their own free choosing, and the employer may confer with them in relation thereto.

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 shall constitute failure to bargain in good faith.

Right to work

The state does have a right to work law. Closed shop and agency shop contracts are not authorized. The execution or application of agreements requiring membership in a labor organization or requiring the payment of fees or contributions in lieu of membership to a labor organization as a condition of employment are prohibited.

Public employment

South Dakota has specific labor relations and collective bargaining laws for public employees.