2016 North Dakota Century Code Title 34 Labor and Employment Chapter 34-11.1 Public Employees Relations Act
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CHAPTER 34-11.1
PUBLIC EMPLOYEES RELATIONS ACT
34-11.1-01. Definitions.
In this chapter unless the context otherwise requires:
1. "Agency" means any department, institution, board, or other similar body of state
government, or any political subdivision within the state.
2. "Appointing authority" means the individuals in any agency who have authority to fill
job vacancies.
3. "Employee" means any person, whether employed, appointed, or under contract,
providing services for the state, county, city, or other political subdivision, for which
compensation is paid. "Employee" also includes a person subject to the civil service or
merit system or civil service laws of the state government, governmental agency, or a
political subdivision. "Employee" does not include:
a. A person elected to public office in the state or in a political subdivision.
b. A member of the legislative council.
c. A person holding an appointive statutory office.
d. One deputy or principal assistant for each elected official or appointive statutory
official.
e. One secretary for each elected or appointive statutory official.
f. All members of the governor's staff.
4. "Organization" means any organized group of individuals working together for the
common good of public employees and government.
34-11.1-02. Political activities.
Except when on duty or acting in an official capacity and except as otherwise provided by
state or federal law, no employee may be prohibited from engaging in political activity or be
denied the right to refrain from engaging in such activity.
34-11.1-03. Membership in organizations.
No employee may be denied the right to be a member of an organization of employees or
be intimidated or coerced in a decision to communicate or affiliate with an organization. Public
employees have the right to request payroll deduction of dues for membership in an
organization of employees.
34-11.1-04. Violations for misuse reported by employee - Reprisals prohibited Furnishing false information - Department of labor and human rights.
1. An employee may, without fear of reprisal, report in writing to the employee's
respective agency head, a state's attorney, the attorney general, or an employee
organization the existence of:
a. A job-related violation of local, state, or federal law, rule, regulation, or ordinance.
b. The job-related misuse of public resources.
2. For having made a report under subsection 1, no employee will:
a. Be dismissed from employment.
b. Have salary increases or employment-related benefits withheld.
c. Be transferred or reassigned.
d. Be denied a promotion that the employee otherwise would have received.
e. Be demoted.
f. Be discriminated against in any term or condition of employment.
3. An employee who intentionally furnishes false information is subject to disciplinary
action, including suspension or dismissal as determined by the employee's appointing
authority or designee. An employee claiming reprisal under this section may appeal
first to the human resource management services division and then to the district court
in the manner prescribed by chapter 28-32, or to other appropriate offices and then to
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district court if the employee is not under the jurisdiction of the human resource
management services division.
The department of labor and human rights shall receive complaints of violations of this
section and may attempt to obtain voluntary compliance with this section through
informal advice, negotiation, or conciliation. To receive assistance from the department
of labor and human rights, a person claiming to be aggrieved by a violation of this
section shall file a complaint with the department within three hundred days after the
alleged act of wrongdoing. An employee is not prohibited from filing, or required to file,
a complaint with the department of labor and human rights under this subsection
before proceeding under other provisions of this section.
An employee of the state may appeal a claim of reprisal under this section in the
manner prescribed for a classified employee under chapter 54-44.3. This subsection
does not apply to an employee under the jurisdiction of the state board of higher
education or the judicial branch of government.
34-11.1-04.1. Discrimination on basis of marital status in state employment prohibited
- Exception.
Each state employee is, if otherwise qualified, entitled to work with that state employee's
spouse. A state agency may not discriminate against an employee or an applicant for
employment, with respect to working conditions, workplace assignment, or other privileges of
employment, merely because the spouse of that employee or applicant is also an employee of
that state agency. Compliance with section 44-04-09 is not discrimination under this section.
34-11.1-04.2. Employee representation at grievance proceeding.
An employee who is a party to a work-related grievance proceeding may be accompanied,
advised, and represented throughout the proceeding by another employee or by a
representative chosen by the employee involved in the proceeding.
34-11.1-05. Prohibited acts.
No agency, appointing authority, organization, or employee may directly or indirectly:
1. Require or coerce any agency employee to participate in any way in any activity or
undertaking unless the activity or undertaking is related to the performance of official
duties.
2. Require or coerce any agency employee to make any report concerning any activities
or undertaking unless the activity or undertaking is related to the performance of
official duties.
3. Require any agency employee to invest or contribute earnings in any manner or for
any purpose, except for participation in the employees retirement program.
4. Restrict or attempt to restrict after-working-hour statements, pronouncements, or other
activities of any agency employee not otherwise prohibited by law which pertains to
matters of public concern, if the employee does not purport to speak or act in an
official capacity.
5. Restrict or attempt to restrict access of any employee to any member or committee of
the legislative assembly.
34-11.1-06. Penalties or threats prohibited.
No employee may suffer a penalty or the threat of a penalty because that employee
exercised rights under this chapter.
34-11.1-07. Other rights or legal remedies unimpaired.
Nothing in this chapter disparages, impairs, or limits any other right or legal remedy of an
employee.
34-11.1-08. Penalty.
A violation of the provisions in this chapter is a class B misdemeanor.
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