South Dakota Codified Laws
Chapter 18 - Public Employees Unions
Section 3-18-8.1 - Intervention by department on failure to reach agreement.

3-18-8.1. Intervention by department on failure to reach agreement.
In case of impasse or failure to reach an agreement in negotiations conducted under the provisions of this chapter, either party may request the Department of Labor and Regulation to intervene under the provisions of §§60-10-1 to 60-10-3, inclusive. Such request shall be mailed within ten days after a written statement is delivered to the designated representative for the other party declaring an impasse. Nothing in this section prohibits the parties to an impasse from adopting any other procedure to facilitate a settlement that is mutually agreeable.

Source: SL 1970, ch 26, §3; SL 1983, ch 24, §1; 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.