§1324. Prohibited acts of agricultural employers, agricultural employees and agricultural employee organizations
1. Agricultural employer prohibitions. Agricultural employers and their representatives and agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1323; [1997, c. 472, §1 (NEW).]
B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment. This chapter, or any other provision of law, may not preclude an agricultural employer from making an agreement with a labor organization not established, maintained or assisted by any action defined in this section as a prohibited practice to require as a condition of employment membership in that labor organization on or after the 5th day following the beginning of employment or the effective date of the agreement, whichever is later, if the labor organization is the representative of the agricultural employees as provided in section 1327 in the appropriate collective-bargaining unit covered by the agreement; [1997, c. 472, §1 (NEW).]
C. Dominating or interfering with the formation, existence or administration of any employee organization; [1997, c. 472, §1 (NEW).]
D. Discharging or otherwise discriminating against an agricultural employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; [1997, c. 472, §1 (NEW).]
E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 1325; [1997, c. 472, §1 (NEW).]
F. Locking out their employees; and [1997, c. 472, §1 (NEW).]
G. Blacklisting any employee organization or its members for the purpose of denying employment. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
2. Agricultural employee prohibitions. Agricultural employees and agricultural employee organizations and their agents, members and bargaining agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1323 or an employer in the selection of the employer's representative for purposes of collective bargaining or the adjustment of grievances. This paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership in that organization; [1997, c. 472, §1 (NEW).]
B. Causing or attempting to cause an employer to discriminate against an employee in violation of subsection 1, paragraph B or to discriminate against an employee with respect to whom membership in the organization has been denied or terminated on grounds other than failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership; [1997, c. 472, §1 (NEW).]
C. Refusing to bargain collectively with an employer as required by section 1325; [1997, c. 472, §1 (NEW).]
D. Requiring employees covered by an agreement authorized under subsection 1, paragraph B to pay, as a condition to becoming a member of an agricultural employee organization, a fee in an amount the board finds excessive or discriminatory under the circumstances. In making such a finding, the board shall consider, among other relevant factors, the practices and customs of labor organizations in the agriculture industry and the wages currently paid to the employees affected; [1997, c. 472, §1 (NEW).]
E. Causing or attempting to cause an agricultural employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services not performed or not to be performed; and [1997, c. 472, §1 (NEW).]
F. Causing or attempting to cause or participating in a strike against their employer. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
3. Violations. The board shall process violations of this section in the manner provided in section 1329.
§1324. Prohibited acts of agricultural employers, agricultural employees and agricultural employee organizations
1. Agricultural employer prohibitions. Agricultural employers and their representatives and agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1323; [1997, c. 472, §1 (NEW).]
B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment. This chapter, or any other provision of law, may not preclude an agricultural employer from making an agreement with a labor organization not established, maintained or assisted by any action defined in this section as a prohibited practice to require as a condition of employment membership in that labor organization on or after the 5th day following the beginning of employment or the effective date of the agreement, whichever is later, if the labor organization is the representative of the agricultural employees as provided in section 1327 in the appropriate collective-bargaining unit covered by the agreement; [1997, c. 472, §1 (NEW).]
C. Dominating or interfering with the formation, existence or administration of any employee organization; [1997, c. 472, §1 (NEW).]
D. Discharging or otherwise discriminating against an agricultural employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; [1997, c. 472, §1 (NEW).]
E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 1325; [1997, c. 472, §1 (NEW).]
F. Locking out their employees; and [1997, c. 472, §1 (NEW).]
G. Blacklisting any employee organization or its members for the purpose of denying employment. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
2. Agricultural employee prohibitions. Agricultural employees and agricultural employee organizations and their agents, members and bargaining agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1323 or an employer in the selection of the employer's representative for purposes of collective bargaining or the adjustment of grievances. This paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership in that organization; [1997, c. 472, §1 (NEW).]
B. Causing or attempting to cause an employer to discriminate against an employee in violation of subsection 1, paragraph B or to discriminate against an employee with respect to whom membership in the organization has been denied or terminated on grounds other than failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership; [1997, c. 472, §1 (NEW).]
C. Refusing to bargain collectively with an employer as required by section 1325; [1997, c. 472, §1 (NEW).]
D. Requiring employees covered by an agreement authorized under subsection 1, paragraph B to pay, as a condition to becoming a member of an agricultural employee organization, a fee in an amount the board finds excessive or discriminatory under the circumstances. In making such a finding, the board shall consider, among other relevant factors, the practices and customs of labor organizations in the agriculture industry and the wages currently paid to the employees affected; [1997, c. 472, §1 (NEW).]
E. Causing or attempting to cause an agricultural employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services not performed or not to be performed; and [1997, c. 472, §1 (NEW).]
F. Causing or attempting to cause or participating in a strike against their employer. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
3. Violations. The board shall process violations of this section in the manner provided in section 1329.
§1324. Prohibited acts of agricultural employers, agricultural employees and agricultural employee organizations
1. Agricultural employer prohibitions. Agricultural employers and their representatives and agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1323; [1997, c. 472, §1 (NEW).]
B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment. This chapter, or any other provision of law, may not preclude an agricultural employer from making an agreement with a labor organization not established, maintained or assisted by any action defined in this section as a prohibited practice to require as a condition of employment membership in that labor organization on or after the 5th day following the beginning of employment or the effective date of the agreement, whichever is later, if the labor organization is the representative of the agricultural employees as provided in section 1327 in the appropriate collective-bargaining unit covered by the agreement; [1997, c. 472, §1 (NEW).]
C. Dominating or interfering with the formation, existence or administration of any employee organization; [1997, c. 472, §1 (NEW).]
D. Discharging or otherwise discriminating against an agricultural employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; [1997, c. 472, §1 (NEW).]
E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 1325; [1997, c. 472, §1 (NEW).]
F. Locking out their employees; and [1997, c. 472, §1 (NEW).]
G. Blacklisting any employee organization or its members for the purpose of denying employment. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
2. Agricultural employee prohibitions. Agricultural employees and agricultural employee organizations and their agents, members and bargaining agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1323 or an employer in the selection of the employer's representative for purposes of collective bargaining or the adjustment of grievances. This paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership in that organization; [1997, c. 472, §1 (NEW).]
B. Causing or attempting to cause an employer to discriminate against an employee in violation of subsection 1, paragraph B or to discriminate against an employee with respect to whom membership in the organization has been denied or terminated on grounds other than failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership; [1997, c. 472, §1 (NEW).]
C. Refusing to bargain collectively with an employer as required by section 1325; [1997, c. 472, §1 (NEW).]
D. Requiring employees covered by an agreement authorized under subsection 1, paragraph B to pay, as a condition to becoming a member of an agricultural employee organization, a fee in an amount the board finds excessive or discriminatory under the circumstances. In making such a finding, the board shall consider, among other relevant factors, the practices and customs of labor organizations in the agriculture industry and the wages currently paid to the employees affected; [1997, c. 472, §1 (NEW).]
E. Causing or attempting to cause an agricultural employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services not performed or not to be performed; and [1997, c. 472, §1 (NEW).]
F. Causing or attempting to cause or participating in a strike against their employer. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
3. Violations. The board shall process violations of this section in the manner provided in section 1329.
