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N.D.C.C. Chapter 34-09: Labor Unions

Official text of N.D.C.C. Chapter 34-09: Labor Unions - (14kb pdf)

34-09-01. Declaration of public policy.
The public policy of this state is declared to be that a worker is free to decline to associate with the worker's fellow workers and is free to obtain employment wherever possible without interference or being hindered in any way, but that the worker also has the right to association and organization with the worker's fellow employees and designation of representatives of the worker's own choosing. A contract made and entered into between an employer of labor and a worker or workers or any agent, bargaining agent, or representative of a worker or workers is binding and equally enforceable upon both parties to said contract. Elections by secret ballot held to determine the question of who is the bargaining representative of a worker or workers or whether a worker or workers shall strike against an employer must be free and impartial without being influenced by either an employer or worker or any third parties. Secondary boycotts and sympathy strikes are hereby declared to be against public interest and unlawful.
34-09-02. Labor union to file statement with secretary of state - Contents.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-03. Annual report of labor union.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-04. Secretary of state to keep record.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-05. When labor union may act as bargaining agent.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-06. Contracts between union and employer.
Any contract entered into between the employer and a labor union must be executed on behalf of the employer in the employer's true name and signed by the employer, or in case of a corporation by the proper officers authorized by law and the bylaws of the corporation to execute valid and binding contracts on behalf of the corporation, or in the case of a limited liability company by the proper managers authorized by law and the bylaws of the limited liability company to execute valid and binding contracts on behalf of the limited liability company, and any contract under this section must be executed on behalf of the labor union in the name of the labor union by the president, the secretary, or other duly authorized officer of the labor union. A contract under this section is equally binding as to all of the contract's terms and conditions against both the employer and the labor union.
34-09-07. Effect of contract.
Repealed by omission from this code.
34-09-08. Enforcement of contract.
The contract may be enforced by either party by an action commenced in the district court. In such action a labor union may proceed or be proceeded against under the name in which the contract was executed. All orders and decrees issued by the court are binding upon the employer, the labor union, and the employees governed by the contract.
34-09-09. Conduct of election on appointing bargaining agent and on strike.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-10. Certificate of results of election - Effect.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-11. Vote required to appoint bargaining agent or have strike become effective.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-12. Unlawful picketing - Violation.
In any strike in this state it is illegal for any person other than an employee of the particular establishment against which such strike is called or a local resident member of the union representing the employees of such establishment to picket in aid of such strike. Picketing in violation of this section is hereby declared to be unlawful and against the peace and dignity of the state and is subject to restraint by the district court of the county where such picketing occurs.
34-09-13. Boycotting, secondary boycotting, and sympathy strikes against public policy.
Boycotting, secondary boycotting, and sympathy strikes are hereby declared to be against the public policy and against the peace and dignity of the state of North Dakota and are subject to restraint by the district courts of the state of North Dakota as well as suits for damages therein.
34-09-14. Contract effective upon dissolution, reorganization, or merger of labor union.
If, after the execution of any contract or agreement as provided by this chapter, such labor union executing such contract is dissolved, reorganized, or merged or in any other way associated with any other labor union or organization or changes its name, such contract or agreement is nevertheless binding as to all its terms and conditions for the time specified in such contract.
34-09-15. Chapter not applicable to interstate commerce.
Repealed by S.L. 1953, ch. 216, § 8.
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