County Labor Code: 13A-113

Sec. 13A-113. Unfair labor practices.

  1. The employer, its agents or representatives are prohibited from:
    1. Interfering, restraining, or coercing employees in the exercise of the rights guaranteed by this law;
    2. Dominating, interfering, or assisting in the formation, existence or administration of any labor organization, or contributing financial or other support to it, except that an employer shall not be prohibited from permitting employees to negotiate or confer with it during working hours without loss of time or pay;
    3. Discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization; provided that nothing in this law or in any other law of this County shall preclude an employer from making an agreement with an exclusive representative (not established, maintained or assisted by any action defined in this subsection as an unfair labor practice) to require as a condition of employment the payment of a monthly service charge, in an amount not greater than the regular monthly dues to such labor organization, as a contribution toward the administration of the agreement, except that discharge of employees who fail to comply with such a contractual requirement shall not be accomplished until the employer and the employee have been given proper notice of such delinquency and adequate time to correct the deficiency nor until the employer has afforded the employee sufficient opportunity, protected by the requirements of due process, to defend against the petition for discharge;
    4. Discharging or otherwise discriminating against an employee because he has signed or filed an affidavit, petition or complaint or given any information or testimony under this law;
    5. Refusing to bargain collectively in good faith with the exclusive representative as required in Section 13A-109;
    6. Refusing to participate in good faith in the mediation, fact finding or arbitration procedures set forth in Section 13A-111 or 13A-111.01, whichever may be applicable; or
    7. Refusing or failing to comply with any provision of this law or any of the rules and regulations established by the Board or its component Panels.
  2. Employees, labor organizations, their agents or representatives are prohibited from:
    1. Interfering with, restraining, or coercing employees in the exercise of the rights guaranteed by this law;
    2. Causing or attempting to cause an employer to discriminate against an employee in violation of Section 13A-113(a)(3);
    3. Refusing to bargain collectively in good faith with an employer if they have been designated in accordance with the provisions of this law as the exclusive representative of employees in an appropriate unit;
    4. Refusing to participate in good faith in the mediation, fact finding or arbitration procedures set forth in Section 13A-111 or 13A-111.01, whichever may be applicable; or
    5. Refusing or failing to comply with any provision of this law or any of the rules and regulations established by the Board or its component Panels;
    6. Engaging in a strike which is not lawful within the meaning of Section 13A-112;
    7. Calling, instituting, maintaining, or conducting a strike or boycott against any employer or picketing any place of business or an employer on account of any jurisdictional controversy; or
    8. Engaging in, or inducing or encouraging any individual employed by any person to engage in a strike or refusal to handle goods or perform services, or threatening, coercing, or restraining any person where an object thereof is to force or require any employer to cease delaying or doing business with any other person or to force or to require an employer to recognize for recognition purposes a labor organization not certified by the Panel.
  3. The expressing of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphics, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Subtitle, if such expression contains no threat of reprisal or force or promise of benefit, or misrepresentation of fact.

(CB-1-1973; CB-24-1981)

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