§ 49-5-606 — Unlawful acts

(a) It is unlawful for a board of education or its management personnel to: (1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part; (2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603 ; (3) Refuse or fail to participate in collaborative conferencing under this part; (4) Refuse to permit any professional employees' organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board's policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part; (5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression shall contain no threat of reprimand, discharge or promise of benefits; (6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this part; or (7) Dominate, interfere or assist in the administration of any professional employee organization. (b) It is unlawful for a professional employees' organization or its representatives to: (1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees' organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership; (2) Refuse or fail to participate in collaborative conferencing under this part with a board of education; (3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part; (4) Engage in a strike; (5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part; (6) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or (7) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization. (c) (1) A complaint of an unlawful act shall be filed with, or initiated by the board of education. If no reasonable resolution is reached between the parties, a complaint may be filed in the chancery court of the county where the local education agency is located. (2) No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint. (3) The court is empowered to prevent any board of education or its agents, or organizations, associations, professional employees, or their agents, from engaging in any unlawful act. (4) If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take affirmative action including resumption of collaborative conferencing or reinstatement of employees. The order may further require the party to make reports from time-to-time showing the extent to which it has complied with the order. (5) If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint.

Legislative History

Acts 1978, ch. 570, § 9; 1983, ch. 183, § 1; T.C.A., § 49-5508.