(1) A county or exclusive representative
shall not refuse to negotiate in good faith with respect to wages, hours, and other
terms and conditions of employment, including refusing to cooperate in any
impasse resolution procedure.
(2) A county, its representatives, its agents, or anyone acting on behalf of the
county shall not:
(a) Discriminate against, coerce, intimidate, interfere with, or impose
reprisals against, or threaten to discriminate against, coerce, intimidate, interfere
with, or impose reprisals against, any county employee for forming or assisting an
employee organization or expressing the county employee's views regarding
county employee representation or workplace issues or the rights granted to the
county employee in this article 3.3;
(b) Deter or discourage county employees or county employee applicants
from becoming or remaining members of an employee organization or from
authorizing payroll deductions for dues or fees to an employee organization; except
that the county may respond to questions from a county employee pertaining to the
county employee's employment or any matter described in this article 3.3, as long
as the response is neutral toward participation in, selection of, and membership in
an employee organization;
(c) Use any public funds or official position to support or oppose an
employee organization; except that the provision of routine services and facilities
and paid time for exclusive representatives may be provided by a county pursuant
to a collective bargaining agreement between the county and an exclusive
representative;
(d) Dominate or interfere in the administration of an employee organization;
(e) Discharge or discriminate against a county employee because the county
employee has filed an affidavit, petition, or complaint or given any information or
testimony pursuant to this article 3.3 or a collective bargaining agreement or
chosen to be represented by an exclusive representative;
(f) Deny the rights accompanying certification as the exclusive
representative pursuant to this article 3.3;
(g) Collectively bargain in regard to matters covered by this article 3.3 with a
county employee or group of county employees in the bargaining unit or an
employee organization purportedly representing the county employees in a
bargaining unit other than the exclusive representative;
(h) Disclose to a private entity, other than the exclusive representative,
personally identifiable information about county employees within the bargaining
unit that is exempt from disclosure pursuant to law; or
(i) Otherwise fail to comply with the requirements of this article 3.3.
(3) (a) An employee organization or exclusive representative shall not:
(I) Interfere with, restrain, or coerce a county employee with respect to the
rights granted in this article 3.3 or with respect to selecting an exclusive
representative;
(II) Willfully or deliberately fail to fairly represent a county employee who is
in a bargaining unit exclusively represented by the employee organization in the
negotiation or enforcement of the terms of a collective bargaining agreement; or
(III) Otherwise fail to comply with the requirements of this article 3.3.
(b) This subsection (3) does not prohibit an exclusive representative from
providing legal, economic, or job-related services or benefits beyond those
established in any applicable collective bargaining agreement exclusively to its
members.
(4) An aggrieved party is barred from filing a claim that alleges that either
the county or employee organization has violated this section unless the claim is
filed within six months after the date on which the aggrieved party knew or
reasonably should have known of the alleged violation.
(5) The expression of any personal view, argument, or opinion by an elected
official must not be considered a violation of this section unless the expression
contains a threat of reprisal or promise of a benefit or is made under coercive
conditions. Representatives of counties may correct the record with respect to any
false or misleading statement made by any person, publicize the fact of a
representation election, and encourage county employees to exercise their right to
vote in the election.
(6) (a) An exclusive representative certified or deemed certified in
accordance with this article 3.3 shall not threaten, facilitate, support, or cause a
county employee to participate in the following:
(I) A strike;
(II) A work stoppage;
(III) A work slowdown;
(IV) A group sick out; or
(V) An action that disrupts, on a widespread basis, the day-to-day
functioning of a county.
(b) A controversy concerning an activity prohibited by subsection (6)(a) of
this section may be submitted to the division pursuant to section 8-3.3-106. Upon a
finding that the exclusive representative has violated subsection (6)(a) of this
section, the director shall award any appropriate relief, including sanctions, fines, or
decertification. If an exclusive representative is decertified by the director, the
employee organization may begin the certification process in section 8-3.3-108
after one year from the date of decertification.
(c) Nothing in this subsection (6) prohibits the exclusive representative from
engaging in other concerted activities for the purpose of the collective bargaining
process or other mutual aid or protection, without interference, restraint, or
coercion by the county.
(d) Nothing in this section affects the rights of any county employee or
employee organization not covered by the express terms of this article 3.3.