South Dakota Codified Laws
Chapter 18 - Public Employees Unions
Section 3-18-4 - Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit.

3-18-4. Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit.
When a governmental agency declines to grant formal recognition or when a question concerning the designation of a representation unit is raised by the governmental agency, labor or employee organization, or employees, the Department of Labor and Regulation or any person designated by it shall, at the request of any of the parties, investigate such question and, after a hearing if requested by any party, rule on the definition of the appropriate representation unit. The department shall certify to the parties in writing the proper definition of the unit. In defining the unit, the department shall take into consideration, along with other relevant factors, the principles of efficient administration of government, the principles and the coverage of uniform comprehensive position classification and compensation plans in the governmental agency, the history and extent of organization, occupational classification, administrative and supervisory levels of authority, geographical location, and the recommendations of the parties.

Source: SL 1969, ch 88, §7, subdiv 4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.

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.