South Dakota Codified Laws
Chapter 18 - Public Employees Unions
Section 3-18-9 - Strike defined.

3-18-9. Strike defined.
The word "strike" as used in this chapter shall mean the failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment by concerting action with others, and without the lawful approval of one's superior, or in any manner interfering with the operation of government of the State of South Dakota, the government of any of the political subdivisions thereof, the public schools or any authority, commission, board, or branch thereof, for the purpose of coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment.

Source: SL 1969, ch 88, §1, subdiv 2; SL 1970, ch 27, §3.

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.