Title 28
Labor and Labor Relations

Chapter 7
Labor Relations Act

§ 28-7-13. Unfair labor practices.

It shall be an unfair labor practice for an employer to:

(1) Spy on or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their representatives in the exercise of the rights guaranteed by § 28-7-12;

(2) Prepare, maintain, distribute, or circulate any blacklist of individuals for the purpose of preventing any of the individuals from obtaining or retaining employment because of the exercise of the individuals of any of the rights guaranteed by § 28-7-12;

(3) Dominate or interfere with the formation, existence, or administration of any employee organization or association, agency, or plan that exists in whole or in part for the purpose of dealing with employers concerning terms or conditions of employment, labor disputes, or grievances, or to contribute financial or other support to any such organization, by any means, including, but not limited to, the following:

(i) By participating or assisting in, supervising, controlling, or dominating:

(A) The initiation or creation of any employee organization or association, agency, or plan; or

(B) The meetings, management, operation, elections, formulation, or amendment of constitution, rules, or policies of any employee organization or association, agency or plan;

(ii) By urging the employees to join any employee organization or association, agency, or plan for the purpose of encouraging membership in the organization or association; or

(iii) By compensating any employee or individual for services performed in behalf of any employee organization or association, agency, or plan, or by donating free services, equipment, materials, office or meeting space, or anything else of value for the use of any employee organization or association, agency, or plan; provided, that an employer shall not be prohibited from permitting employees to confer with him or her during working hours without loss of time or pay;

(4) Require an employee or one seeking employment, as a condition of employment, to join any company union or to refrain from forming, or joining, or assisting a labor organization of his or her own choosing;

(5) Encourage membership in any company union or discourage membership in any labor organization, by discrimination in regard to hire or tenure or in any term or condition of employment; provided that nothing in this chapter precludes an employer from making an agreement with a labor organization requiring membership in that labor organization as a condition of employment, if that labor organization is the representative of employees as provided in §§ 28-7-14 — 28-7-19;

(6) Refuse to bargain collectively with the representatives of employees, subject to the provisions of §§ 28-7-14 — 28-7-19, except that the refusal to bargain collectively with any representative is not, unless a certification with respect to the representative is in effect under §§ 28-7-14 — 28-7-19, an unfair labor practice in any case where any other representative, other than a company union, has made a claim that it represents a majority of the employees in a conflicting bargaining unit;

(7) Refuse to discuss grievances with representatives of employees, subject to the provisions of §§ 28-7-14 — 28-7-19;

(8) Discharge or otherwise discriminate against an employee because he or she has signed or filed any affidavit, petition, or complaint or given any information or testimony under this chapter;

(9) Distribute or circulate any blacklist of individuals exercising any right created or confirmed by this chapter or of members of a labor organization, or to inform any person of the exercise by any individual of that right, or of the membership of any individual in a labor organization for the purpose of preventing individuals so blacklisted or so named from obtaining or retaining employment;

(10) Do any acts, other than those already enumerated in this section, that interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by § 28-7-12; or

(11) Fail to implement an arbitrator’s award unless there is a stay of its implementation by a court of competent jurisdiction or upon the removal of the stay.