Federal & State Regulations | Unfair labor practices - South Dakota

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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 regarding union activity in private sector workplaces.

Unfair labor practices

Under South Dakota law, it is an unfair practice for an employer to:

Interfere with, restrain, or coerce employees in union related rights.
Dominate, interfere, or assist in the formation or administration of any collective bargaining unit, or contribute financial or other support to it; provided, an employer is not prohibited from permitting employees to confer with it during working hours without loss of time or pay.
Discriminate in regard to hire or tenure or employment or any term or condition of employment to encourage or discourage membership in any collective bargaining unit.
Discharge or otherwise discriminate against an employee who has filed a complaint, affidavit, petition, or given any information or testimony regarding union rights.
Refuse to negotiate collectively in good faith with a formal representative.

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.