['Unions/Labor Relations']
['Unfair Labor Practices']
06/12/2024
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Summary of differences between federal and state regulations
North Dakota has no substantial laws differing from the National Labor Relations Act regarding union-related unfair labor practices in private sector employment.
Unfair labor practices
Under North Dakota law, it is an unfair labor practice for any employer:
- To interfere with, restrain, or coerce employees in the exercise of union-related rights.
- To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. This may not be construed to prohibit an employer from conferring with employees or their bona fide representatives and including, but not by way of limitation, explaining the position of management in connection with the problems of the employer during working hours without the loss of pay.
- By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.
- To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony regarding union-related rights.
- To refuse to bargain collectively with the representatives of the employer's/employees.
Right to work
The state does have a right to work law. The right of persons to work may not be denied or abridged on account of membership or nonmembership in any labor union or labor organization; all contracts in negation or abrogation of such rights are prohibited.
Unions can collect “actual representation expenses” from nonunion employee when that nonunion employee has specifically requested in writing to use representation by the labor union or labor organization. A nonunion employee may not be compelled to pay expenses incurred by a labor union or labor organization in the course of general contract negotiations or collective bargaining.
Public employment
North Dakota has specific labor relations law for public employment. This includes giving public employees the right to request payroll deduction of dues for membership in organizations of employees.
State
Contact
National Labor Relations Board (Region 18)
Regulations
Labor Management Relations Act
North Dakota Century Code §§34-12-01 et seq., North Dakota Labor Management Relations Act
General
North Dakota Century Code §§34-01-01 et seq., General Provisions
Right to work
North Dakota Century Code §34-01-14, Right to work not to be abridged by membership or nonmembership in labor union.
Public employment
North Dakota Century Code, Ch. 34-11, Mediation of Disputes Between Public Employers and Employees
North Dakota Century Code, Ch. 34-11.1, Public Employees Relations Act
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