Section 23.40.110. Unfair labor practices.

   (a) A public employer or an agent of a public employer may not
        (1) interfere with, restrain, or coerce an employee in the exercise of the employee's rights guaranteed in AS 23.40.080;
        (2) dominate or interfere with the formation, existence, or administration of an organization;
        (3) discriminate in regard to hire or tenure of employment or a term or condition of employment to encourage or discourage membership in an organization;
        (4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given testimony under AS 23.40.070 - 23.40.260;
        (5) refuse to bargain collectively in good faith with an organization that is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.
   (b) Nothing in this chapter prohibits a public employer from making an agreement with an organization to require as a condition of employment
        (1) membership in the organization which represents the unit on or after the 30th day following the beginning of employment or on the effective date of the agreement, whichever is later; or
        (2) payment by the employee to the exclusive bargaining agent of a service fee to reimburse the exclusive bargaining agent for the expense of representing the members of the bargaining unit.
   (c) A labor or employee organization or its agents may not
        (1) restrain or coerce
             (A) an employee in the exercise of the rights guaranteed in AS 23.40.080, or
             (B) a public employer in the selection of the employer's representative for the purposes of collective bargaining or the adjustment of grievances;
        (2) refuse to bargain collectively in good faith with a public employer, if it has been designated in accordance with the provisions of AS 23.40.070 - 23.40.260 as the exclusive representative of employees in an appropriate unit.

Authorities

23.40.120

Notes

Implemented As

8 AAC 97.210
8 AAC 97.225
8 AAC 97.240
8 AAC 97.280
8 AAC 97.320

References

8 AAC 97.225
8 AAC 97.240
8 AAC 97.320
8 AAC 97.990
AS 23.40.120 Investigation and conciliation of complaints.

History

(Sec. 2 ch 113 SLA 1972)