North Dakota Unions laws & HR compliance analysis

North Dakota Unions: What you need to know

States have very little regulatory control over labor unions. This is because protections are given to most labor organizations in the National Labor Relations Act (NLRA), the federal law governing labor unions. The NLRA “preempts” all state laws that attempt to regulate unions; that is, it overrides state law in the areas that it covers, which include almost all types of private employment. However, in the areas it does not cover, such as the rights of farmworkers and employees of businesses that do not engage in interstate commerce, the states are free to make their own provisions.
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The North Dakota Labor-Management Relations Act (NDLMRA) is similar to federal labor law (ND Cent. Code Sec. 34-12-01et seq.). Like the NLRA, the Act states that employees have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other lawful concerted activities for the purposes of collective bargaining or other mutual aid or protection. Under the Act, employees also have the right to refrain from these activities. The Act applies to all employers except public employers, nonprofit hospitals, and employers covered by the Railway Labor Act. The Act excludes agricultural workers, domestic servants, individuals working for a parent or spouse, supervisors, and guards from coverage.
Employers. Under the Act, employer unfair labor practices include:
• Interfering with, restraining, or coercing employees in the exercise of rights under the Act
• Dominating or interfering with an employee organization
• Discriminating in employment to encourage or discourage membership in the union
• Discriminating against or threatening employees who have filed or given testimony in an unfair labor charge complaint

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