Sec. 14.30.07.02. Unfair Labor Practices—Employee Organizations

A. Except as provided in §B of this regulation, the following acts by an employee organization, or its agents or representatives, are unfair labor practices:

(1) Interfering with, restraining, or coercing employees in the exercise of rights under the Collective Bargaining Law;

(2) Causing, or attempting to cause, an employer to discriminate in hiring, tenure, or any term or condition of employment to encourage or discourage membership in any employee organization;

(3) Engaging in, inducing, or encouraging any person to engage in a strike, which includes the following types of activities by employees when intended to induce, influence, coerce, or enforce demands for a change in wages, hours, terms, or other conditions of employment:

(a) Refusal or failure to report to work;

(b) Refusal or failure to perform employment duties;

(c) Withdrawal from work;

(d) Work stoppage;

(e) Work slowdown; or

(f) Other concerted job action;

(4) Interfering with the statutory duties of the State or an employer; or

(5) If an exclusive representative:

(a) Refusing to bargain collectively in good faith; or

(b) Not fairly representing employees in collective bargaining or any other matter for which the employee organization has the duty of fair representation.

B. Where statutory language addresses issues in this chapter, the statutory provisions shall take precedence over this chapter.