§ 34-12-08 — Authority of commissioner

Whenever it is charged that any person is engaged in or has engaged in any unfair labor
practice, the commissioner shall investigate the charges informally and if it appears that an
unfair labor practice is occurring or has occurred, the commissioner has power to issue and
cause to be served upon such person a written specification of the issues which are to be
considered and determined. If, upon the evidence, the commissioner is of the opinion that any
person named in the written specifications has engaged in or is engaging in any such unfair
labor practice, the commissioner shall issue and cause to be served upon such person an order
requiring such person to cease and desist from such unfair labor practice, and to take such
affirmative action, including reinstatement of employees with or without backpay, as will
effectuate the policies of this chapter. When an order requires reinstatement of an employee,
backpay may be required of the employer or employee organization, as the case may be,
responsible for the discrimination suffered by the employee. No order of the commissioner may
require the reinstatement of any individual as an employee who has been suspended or
discharged, or the payment to the individual of any backpay, if such individual was suspended
or discharged for cause. If the order is not obeyed, the commissioner has the authority to apply
to the appropriate district court for such action as is necessary to enforce the commissioner's
order, including injunction and mandamus proceedings. The commissioner may act as a
conciliator in any labor dispute.