1027. Employees
It shall be an unfair labor practice for an employee organization or its agents:
(1) To restrain or coerce employees in the exercise of the rights guaranteed to them by law. This subdivision shall not limit the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership, provided the rules are not discriminatory.
(2) To restrain or coerce an employer in the selection of a representative for the purpose of collective bargaining or adjustments of grievances.
(3) To cause or attempt to cause an employer to discriminate against an employee in violation of section 1026 of this title or to discriminate against an employee whose membership in the employee organization has been denied or terminated on a ground other than the employee’s failure to pay dues or the initiation fees required for membership.
(4) To refuse to bargain collectively with an employer, provided it is the exclusive bargaining representative of the employees.
(5) To engage in, induce, or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform an authorized function.
(6) To threaten, coerce, or restrain any person by:
(A) Forcing or requiring any employee to join an employee organization or to enter into an agreement that is prohibited under this chapter.
(B) Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees unless the employee organization has been certified as the representative of the employees under this chapter.
(C) Forcing or requiring the employer to recognize or bargain with an employee organization as the representative of the employees if another employee organization has been certified as the representative of the employees under this chapter.
(D) Forcing or requiring the employer to assign particular work to employees in a particular position, class, or employee organization rather than to employees in another position, class, or employee organization unless the employer is not conforming to an order of certification of the Board determining the bargaining representative for employees performing that work.
(7) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value for services that are not performed or not to be performed or that are not needed or required by the employer.
(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer in order to force or require the employer to recognize or bargain with an employee organization as the representative of its employees, or to force or require the employees of an employer to accept or select the employee organization as their collective bargaining representative.
(9) To engage in activities unlawful under section 1012 of this title.
(10) To charge a collective bargaining service fee unless the employee organization has established and maintained a procedure to provide nonmembers with all the following:
(A) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;
(B) an opportunity to object to the amount of the fee requested and to place in escrow any amount reasonably in dispute; and
(C) prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee.
Added 1997, No. 92 (Adj. Sess.), § 9; amended 2013, No. 37, § 9; 2017, No. 74, § 5.
