§ 34-12-02 — Right of employees as to organization, collective bargaining

North Dakota § 34-12-02

• Jurisdiction: North Dakota
• Title 34: Labor and Employment
• Ch. 34-12: North Dakota Labor-Management Relations Act

Text

Employees have the right to self-organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of their own choosing, and to engage in other lawful
concerted activities for the purpose of collective bargaining or other mutual aid or protection,
and also have the right to refrain from any or all of such activities and are free to decline to
associate with their fellows and are free to obtain employment wherever possible without
interference or being hindered in any way.
34-12-03. Unfair labor practices.
1. It is an unfair labor practice for any employer:
a. To interfere with, restrain, or coerce employees in the exercise of the rights
guaranteed in section 34-12-02.
b. 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.
c. 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.
d. To discharge or otherwise discriminate against an employee because the
employee has filed charges or given testimony under this chapter.
e. To refuse to bargain collectively with the representatives of the employer's
employees, subject to section 34-12-02.
2. It is an unfair labor practice for a labor organization or its agents:
a. To restrain or coerce employees in the exercise of rights guaranteed in section
34-12-02, provided that a labor organization may prescribe its own rules for the
acquisition and maintenance of membership in said labor organization.
b. To cause or attempt to cause an employer to discriminate or restrain or coerce
employees in the exercise of rights set forth in section 34-12-02.
c. To restrain or coerce an employer in the selection of the employer's
representatives or to refuse to bargain with an employer if the labor organization
or its agent is the representative of the employer's employees.
d. To force or attempt to force an employer or self-employed person to join any
organization.
e. To engage in, or to induce or encourage any employee to engage in, a strike or a
refusal in the course of the employee's employment to use or work on any goods,
articles, materials or commodities, or to perform any services, or to threaten,
coerce, or restrain any person for the purpose of forcing or requiring any person
to cease using, selling, handling, transporting, or otherwise dealing in the
products of any other producer, processor, or manufacturer, or to cease doing
business with any other person, or forcing or requiring any employer to recognize
or bargain with a labor organization as the representative of the employer's
employees unless the labor organization has been certified as the representative
of the employer's employees under the provisions of section 34-12-05; but
nothing in this subsection may be construed to make unlawful, where not
otherwise unlawful, any primary strike or primary picketing, and nothing contained
in this subsection may be construed to make unlawful a refusal by any person to
enter upon the premises of any employer, other than the person's own employer,
if the employees of the other employer are engaged in a lawful strike.
f. To require of employees as a condition for membership the payment of fees
found by the commissioner to be excessive or discriminatory.
g. To cause or attempt to cause an employer to pay or deliver or agree to pay or
deliver any money or other thing of value, in the nature of an exaction, for
services which are not performed or not to be performed.
h. To make, circulate, or cause to be circulated a black list.
i. To coerce or intimidate an employee in the enjoyment of the employee's legal
rights, or to intimidate the employee's family or any member thereof, picket the
employee's domicile, or injure the person or property of the employee or the
employee's family or of any member thereof.
j. To hinder or prevent by unlawful picketing, threats, intimidation, force, or coercion
of any kind the pursuit of any lawful work or employment, or to obstruct or
interfere with entrance to or egress from any place of employment, or to obstruct
or interfere with free and uninterrupted use of public roads, streets, highways,
railways, airports, or other ways of travel or conveyance.
3. It is unfair labor practice for a person:
a. To interfere with, restrain, or coerce employees in the exercise of the rights
guaranteed in section 34-12-02.
b. To coerce or intimidate an employee in the enjoyment of the employee's legal
rights, or to intimidate the employee's family or any member thereof, picket the

employee's domicile, or injure the person or property of the employee, the
employee's family, or any member thereof.
c. To hinder or prevent by unlawful picketing, threats, intimidation, force, or coercion
of any kind, the pursuit of any lawful work or employment, or to obstruct or
interfere with entrance to or exit from any place of employment, or to obstruct or
interfere with free and uninterrupted use of entrances, public roads, streets,
highways, railways, airports, or other ways of travel or conveyance.
4. The expressing of any views, argument, or opinion, or the dissemination thereof,
whether in written, printed, graphic, or visual form, is not evidence of an unfair labor
practice under this chapter if the expression contains no threat of reprisal or force or
promise of benefit.