2016 North Dakota Century Code Title 34 Labor and Employment Chapter 34-09 Labor Unions
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CHAPTER 34-09
LABOR UNIONS
34-09-01. Declaration of public policy.
The public policy of this state is declared to be that a worker is free to decline to associate
with the worker's fellow workers and is free to obtain employment wherever possible without
interference or being hindered in any way, but that the worker also has the right to association
and organization with the worker's fellow employees and designation of representatives of the
worker's own choosing. A contract made and entered into between an employer of labor and a
worker or workers or any agent, bargaining agent, or representative of a worker or workers is
binding and equally enforceable upon both parties to said contract. Elections by secret ballot
held to determine the question of who is the bargaining representative of a worker or workers or
whether a worker or workers shall strike against an employer must be free and impartial without
being influenced by either an employer or worker or any third parties. Secondary boycotts and
sympathy strikes are hereby declared to be against public interest and unlawful.
34-09-02. Labor union to file statement with secretary of state - Contents.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-03. Annual report of labor union.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-04. Secretary of state to keep record.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-05. When labor union may act as bargaining agent.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-06. Contracts between union and employer.
Any contract entered into between the employer and a labor union must be executed on
behalf of the employer in the employer's true name and signed by the employer, or in case of a
corporation by the proper officers authorized by law and the bylaws of the corporation to
execute valid and binding contracts on behalf of the corporation, or in the case of a limited
liability company by the proper managers authorized by law and the bylaws of the limited liability
company to execute valid and binding contracts on behalf of the limited liability company, and
any contract under this section must be executed on behalf of the labor union in the name of the
labor union by the president, the secretary, or other duly authorized officer of the labor union. A
contract under this section is equally binding as to all of the contract's terms and conditions
against both the employer and the labor union.
34-09-07. Effect of contract.
Repealed by omission from this code.
34-09-08. Enforcement of contract.
The contract may be enforced by either party by an action commenced in the district court.
In such action a labor union may proceed or be proceeded against under the name in which the
contract was executed. All orders and decrees issued by the court are binding upon the
employer, the labor union, and the employees governed by the contract.
34-09-09. Conduct of election on appointing bargaining agent and on strike.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-10. Certificate of results of election - Effect.
Repealed by S.L. 1953, ch. 216, § 8.
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34-09-11. Vote required to appoint bargaining agent or have strike become effective.
Repealed by S.L. 1953, ch. 216, § 8.
34-09-12. Unlawful picketing - Violation.
In any strike in this state it is illegal for any person other than an employee of the particular
establishment against which such strike is called or a local resident member of the union
representing the employees of such establishment to picket in aid of such strike. Picketing in
violation of this section is hereby declared to be unlawful and against the peace and dignity of
the state and is subject to restraint by the district court of the county where such picketing
occurs.
34-09-13. Boycotting, secondary boycotting, and sympathy strikes against public
policy.
Boycotting, secondary boycotting, and sympathy strikes are hereby declared to be against
the public policy and against the peace and dignity of the state of North Dakota and are subject
to restraint by the district courts of the state of North Dakota as well as suits for damages
therein.
34-09-14. Contract effective upon dissolution, reorganization, or merger of labor
union.
If, after the execution of any contract or agreement as provided by this chapter, such labor
union executing such contract is dissolved, reorganized, or merged or in any other way
associated with any other labor union or organization or changes its name, such contract or
agreement is nevertheless binding as to all its terms and conditions for the time specified in
such contract.
34-09-15. Chapter not applicable to interstate commerce.
Repealed by S.L. 1953, ch. 216, § 8.
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