South Dakota Codified Laws
Chapter 18 - Public Employees Unions
Section 3-18-16 - Proceedings to establish nonparticipation in strike--Request by employee--Time for proceedings.

3-18-16. Proceedings to establish nonparticipation in strike--Request by employee--Time for proceedings.
Any public employee, upon request, shall be entitled, as hereinafter provided, to establish that he did not violate the provisions of §3-18-10 or 3-18-11. Such requests must be filed in writing with the officer or body having the power and authority over such employees, within ten days after any action has been taken against such employee, whereupon such officer, or body, shall within ten days commence a proceeding at which time such person shall be entitled to be heard for the purpose of determining whether the provisions of §3-18-10 or 3-18-11 have been violated by such public employee. Such proceedings shall be undertaken without any unnecessary delay. The decision of such proceedings shall be made within ten days.

Source: SL 1969, ch 88, §7.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 3 - Public Officers and Employees

Chapter 18 - Public Employees Unions

Section 3-18-1.1 - "Grievance" defined.

Section 3-18-2 - Rights relating to labor organizations--Designation of representatives--Discrimination against employees exercising rights as misdemeanor--Good faith negotiations--Intimidation.

Section 3-18-3.1 - Unfair practices of employers defined.

Section 3-18-3.2 - Unfair practices of employee organizations defined.

Section 3-18-3.3 - Rules on unfair practices.

Section 3-18-3.4 - Time for filing complaint on unfair practice.

Section 3-18-4 - Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit.

Section 3-18-5 - Question on representative of employees--Petition for investigation or certification--Hearing to ascertain representatives for formal recognition.

Section 3-18-6 - Promulgation of rules of procedure for elections and negotiations.

Section 3-18-7 - Tentative settlement between labor or employee organization and designated representatives of agency--Action by governing body or officer.

Section 3-18-8 - Implementation of settlement between labor or employee organization and governing body.

Section 3-18-8.1 - Intervention by department on failure to reach agreement.

Section 3-18-8.2 - Issuance of contracts by school districts prior to reaching agreement--Terms and conditions.

Section 3-18-9 - Strike defined.

Section 3-18-10 - Strikes prohibited--Right to submission of grievance.

Section 3-18-11 - Consent to strikes by supervisors prohibited--Discharge from employment for submission of grievance prohibited.

Section 3-18-14 - Injunctive relief in case of strike.

Section 3-18-15 - Right of employee or representative to expression or communication of grievance not limited.

Section 3-18-15.1 - Grievance procedures to be established.

Section 3-18-15.2 - Appeal to department--Investigation, hearing, and order by department--Summary disposition of certain claims--Public employees of Board of Regents.

Section 3-18-15.3 - Grievance procedure adopted in absence of agency action.

Section 3-18-15.5 - Grievance procedures for employees of political subdivisions.

Section 3-18-16 - Proceedings to establish nonparticipation in strike--Request by employee--Time for proceedings.

Section 3-18-17 - Review by trial de novo of decision establishing violation.