Right to Work States: North Dakota 

NORTH DAKOTA

 

TITLE 15.1. ELEMENTARY AND
SECONDARY EDUCATION
CHAPTER 15.1-16. TEACHER REPRESENTATION AND
NEGOTIATION

15.1-16-07 Representative organizations - Participation.

1. An individual employed as a teacher may form, join, and participate in the activities of a representative organization of the individual's choosing for the purpose of representation on matters of employer-employee relations.
2. An individual employed as an administrator may form, join, and participate in the activities of a representative organization of the individual's choosing for the purpose of representation on matters of employer-employee relations.
3. Any individual employed as a teacher or as an administrator may refuse to join or participate in the activities of a representative organization.
(Enacted 2001.)

TITLE 34. LABOR AND
EMPLOYMENT
CHAPTER 34-01. GENERAL PROVISIONS

N.D. Cent. Code §§ 34.01.14 - 14.1.

§ 34-01-14. Right to work not to be abridged by membership or nonmembership in labor union. The right of persons to work may not be denied or abridged on account of membership or nonmembership in any labor union or labor organization, and all contracts in negation or abrogation of such rights are hereby declared to be invalid, void, and unenforceable. (Adopted at Special Election June 29, 1948.)

§ 34-01-14.1. Collection of actual representation expenses from nonunion employees. As used in this section, "actual representation expenses" are only those actual expenses which are sustained by a labor union or labor organization in processing any grievance of a nonunion employee. For grievances arising from actions occurring while an employee was a member of a bargaining unit of a management entity with which a labor union or labor organization has a contract, but while that employee was not a member of that union or organization, that labor union or labor organization shall collect actual representation expenses from that nonunion employee. Actual representation expenses may be assessed only in instances in which a nonunion employee has specifically requested in writing to use representation by the labor union or labor organization. A nonunion employee may not be compelled to pay any expenses incurred by a labor union or labor organization in the course of general contract negotiations or collective bargaining. An assessment under this section is not an abridgement of any rights guaranteed under section 34-01-14. This section does not abridge or in any way interfere with rights guaranteed employees generally under the Labor Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.]. (Enacted 1987.)

CHAPTER 34-08. LABOR DISPUTES AND
COURT PROCEEDINGS THEREIN

34-08-02 Declaration of public policy.

For the purpose of the interpretation of the provisions of this chapter, the public policy of this state is declared to be that a worker of this state must be free to decline to associate with the worker's fellow workers, but that the worker also has full freedom of association, self-organization, and designation of representatives of the worker's own choosing to negotiate the terms and conditions of the worker's employment, and that the worker is free in such matters, as well as in other concerted activities for the purposes of collective bargaining or other mutual aid or protection, from interference, restraint, or coercion by employers of labor or their agents. (Enacted 1935.)

CHAPTER 34-09. LABOR UNIONS

34-09-01 Declaration of public policy.

The public policy of this state is declared to be that a worker is free to decline to associate with the worker's fellow workers and is free to obtain employment wherever possible without interference or being hindered in any way, but that the worker also has the right to association and organization with the worker's fellow employees and designation of representatives of the worker's own choosing. . . . (Enacted 1947.)

CHAPTER 34-11.1. PUBLIC EMPLOYEES RELATIONS ACT

34-11.1-01 Definitions.

In this chapter unless the context otherwise requires:

1. "Agency" means any department, institution, board, or other similar body of state government, or any political subdivision within the state.

2. "Appointing authority" means the individuals in any agency who have authority to fill job vacancies.

3. "Employee" means any person, whether employed, appointed, or under contract, providing services for the state, county, city, or other political subdivision, for which compensation is paid. "Employee" also includes a person subject to the civil service or merit system or civil service laws of the state government, governmental agency, or a political subdivision.
"Employee" does not include:

a. A person elected to public office in the state or in a political subdivision.

b. A member of the legislative council staff.

c. A person holding an appointive statutory office.

d. One deputy or principal assistant for each elected official or appointive statutory official.

e. One secretary for each elected or appointive statutory official.

f. All members of the governor's staff.

4. "Organization" means any organized group of individuals working together for the common good of public employees and government. (Enacted
1985.)

34-11.1-03 Membership in organizations.

No employee may be denied the right to be a member of an organization of employees or be intimidated or coerced in a decision to communicate or affiliate with an organization. . . . (Enacted 1985.)

34-11.1-05 Prohibited acts.

No agency, appointing authority, organization, or employee may directly or indirectly:

. . . .

3. Require any agency employee to invest or contribute earnings in any manner or for any purpose, except for participation in the employees retirement program. (Enacted 1985.)

34-11.1-08 Penalty.

A violation of the provisions in this chapter is a class B
misdemeanor. (Enacted 1985.)

CHAPTER 34-12. NORTH DAKOTA
LABOR-MANAGEMENT RELATIONS ACT

[Applicable to employees not under National Labor Relations
or Railway Labor Act]

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

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.

. . . .

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.

. . . .

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.

. . . .

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. . . . (Enacted 1961.)

 


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