34-20-8. Unfair labor practices.
(1) It shall be an unfair labor practice for an employer, individually or in concert with
others:
(a) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed
in Section 34-20-7.
(b) To dominate or interfere with the formation or administration of any labor
organization or contribute financial or other support to it; provided, that subject to rules and
regulations made and published by the board pursuant to Section 34-20-6, an employer shall not
be prohibited from permitting employees to confer with him during working hours without loss of
time or pay.
(c) By discrimination in regard to hire or tenure of employment or any term of condition
of employment to encourage or discourage membership in any labor organization; provided, that
nothing in this act shall preclude an employer from making an agreement with a labor
organization (not established, maintained or assisted by any action defined in this act as an unfair
labor practice) to require as a condition of employment, membership therein, if such labor
organization is the representative of the employees as provided in Subsection 34-20-9(1) in the
appropriate collective bargaining unit covered by such agreement when made.
(d) To refuse to bargain collectively with the representative of a majority of his
employees in any collective bargaining unit; provided, that, when two or more labor organizations
claim to represent a majority of the employees in the bargaining unit, the employer shall be free to
file with the board a petition for investigation of certification of representatives and during the
pendency of such proceedings the employer shall not be deemed to have refused to bargain.
(e) To bargain collectively with the representatives of less than a majority of his
employees in a collective bargaining unit.
(f) To discharge or otherwise discriminate against an employee because he has filed
charges or given testimony under this act.
(2) It shall be an unfair labor practice for an employee individually or in concert with
others:
(a) To coerce or intimidate an employee in the enjoyment of his legal rights, including
those guaranteed in Section 34-20-7, or to intimidate his family, picket his domicile, or injure the
person or property of such employee or his family.
(b) To coerce, intimidate or induce an employer to interfere with any of his employees in
the enjoyment of their legal rights, including those guaranteed in Section 34-20-7, or to engage in
any practice with regard to his employees which would constitute an unfair labor practice if
undertaken by him on his own initiative.
(c) To co-operate in engaging in, promoting, or inducing picketing (not constituting an
exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant of
a strike unless a majority in a collective bargaining unit of the employees of an employer against
whom such acts are primarily directed have voted by secret ballot to call a strike.
(d) To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of
any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance
to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted
use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance.
(e) To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation,
force, coercion, or sabotage, the obtaining, use or disposition of materials, equipment, or services;
or to combine or conspire to hinder or prevent the obtaining, use or disposition of materials,
equipment or services, provided, however, that nothing herein shall prevent sympathetic strikes in
support of those in similar occupations working for other employers in the same craft.
(f) To take unauthorized possession of property of the employer.
(3) It shall be an unfair labor practice for any person to do or cause to be done on behalf
of or in the interest of employers or employees, or in connection with or to influence the outcome
of any controversy as to employment relations, any act prohibited by Subsections (1) and (2) of
this section.
Enacted by Chapter 85, 1969 General Session
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Last revised: Thursday, May 28, 2009