§ 3.70.140. Unfair labor practices.

A.

Prohibited acts by municipality. The municipality or its agents may not:

1.

Interfere, restrain or coerce an employee in the exercise of his rights guaranteed under this chapter.

2.

Dominate or interfere with the formation, existence or administration of an organization.

3.

Discriminate in regard to hire, tenure, employment or a term or condition of employment for the purpose of encouraging or discouraging membership in an organization.

4.

Discharge or discriminate against an employee because he has signed or filed an affidavit, petition or complaint or given testimony under the provisions of this chapter.

5.

Refuse to bargain collectively in good faith over wages, hours and other terms and conditions of employment with an organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussion of grievances with the exclusive representative.

6.

Encourage employees to withdraw from, relinquish membership in, or revoke authorization of the deduction of dues or other fees paid to an organization or bargaining representative.

7.

Discourage employees from joining, paying dues or other fees to, or participating in an organization or bargaining representative.

B.

Prohibited acts by employees and employee representatives. An employee organization or bargaining representative or its agents or employees may not:

1.

Restrain or coerce:

a.

An employee in the exercise of the rights guaranteed under this chapter.

b.

The municipality in the selection of its representative for the purpose of collective bargaining or the adjustment of grievances.

2.

Refuse to bargain collectively in good faith over wages, hours and other terms and conditions of employment with the public employer if the bargaining representative has been designated in accordance with the provisions of this chapter as the exclusive representative of employees in the bargaining unit.

3.

Authorize or engage in a strike prohibited under this chapter.

4.

Hinder or prevent, by threats, intimidations, force or coercion of any kind, the pursuit of any lawful work or employment of the municipality.

5.

Engage in a secondary boycott or hinder or prevent by threat, intimidation, force, coercion or sabotage, the obtaining, use or disposition of materials, supplies, equipment or services.

6.

Engage in any illegal effort to interfere with productions, functions or services of the public employer.

Notwithstanding the above, it is not an unfair labor practice or a violation of the duty of fair representation for a bargaining representative to charge a non-member reasonable costs or fees for representation unrelated to the negotiation of a collective bargaining agreement or to deny non-members union representation altogether.

C.

Complaints; informal conciliation. If the municipality or an employee or prospective or current bargaining representative believes that an unfair labor practice has been committed, it may, within 30 days from occurrence of the alleged unfair labor practice, file with the employee relations board a verified written complaint stating the nature of the violation and requesting that the board investigate the complaint. The board shall, upon receipt of such a complaint, conduct a preliminary investigation to determine whether probable cause exists in support of the complaint or accusation. If the board determines, after an informal investigation, that probable cause exists to support the complaint, it shall try to eliminate the unfair labor practice by informal methods of conference, conciliation and persuasion. Nothing said or done during such settlement attempts may be used as evidence in subsequent proceedings. If, after its informal inquiry, the board concludes that the complaint is unfounded, the board shall dismiss the complaint forthwith.

D.

Hearing. If the board fails to eliminate a prohibited unfair labor practice through informal conciliation and conference attempts, the board shall, within two weeks of receipt of the complaint, serve formal notice of the complaint upon the respondent. Within two weeks after service of notice, a hearing shall be conducted to determine the validity of the complaint in accordance with administrative procedures adopted by the board. The parties and the public shall have reasonable notice of the time, date and place of the hearing. Each party shall have the opportunity to be heard and to cross examine all witnesses. Testimony shall be taken under oath and recorded electronically.

E.

Board order. If, upon completion of the formal hearing of a complaint of unfair labor practice, a majority of the board determines that the person or party named in the written complaint has engaged in a prohibited practice, the board shall issue and serve on the person an order or decision requiring that party to cease and desist from the prohibited practice and to take affirmative actions which will carry out the provisions of this chapter. If the board finds that the complaint is not supported, the board shall state its findings of fact and issue an order dismissing the complaint or accusation.

F.

Enforcement by injunction. The board may apply to the superior court for an order enjoining the prohibited acts specified in its order or decision.

G.

Other relief. In addition to the other forms of relief for an unfair labor practice mentioned in this section, the board may order reinstatement of public employees, order payment of back pay and lost benefits, award reasonable costs and attorney fees, or take other appropriate action as will effectuate the policies and purposes of this chapter. Where the board finds the commission of a purposeful and flagrant unfair labor practice by an employee representative, it may petition to the superior court to decertify the exclusive bargaining representative.

H.

Intervention. The board may, at its discretion, permit intervention in unfair labor practice hearings by other interested parties upon a showing by such parties that they are directly affected by the proceeding. Once the board has permitted intervention, such party may appear, present evidence and cross examine witnesses at the hearing.

I.

Payment of costs of hearings. All costs associated with unfair labor practice hearings shall be borne by the party against which the board rules. If the board takes no specific action or makes no decision, the costs shall be shared equally. The board may, in its discretion, award reasonable costs and attorneys' fees to the prevailing party in matters involving unfair labor practice.

J.

Evidence. The board shall not be bound by the technical rules of evidence in its conduct of the hearing but shall conduct all such hearings in a manner that comports with due process.

K.

Appeals. Decisions of the board may be appealed directly to the superior court for the state.

L.

Expedited proceedings. The board may conduct expedited unfair labor practice proceedings in cases where it deems it appropriate to do so.

(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1); AO No. 2018-64(S-1) , § 4, 8-28-18)