2010 Tennessee Code
Title 49 - Education
Chapter 5 - Personnel
Part 6 - Education Professional Negotiations Act
49-5-609 - Unlawful acts.

49-5-609. Unlawful acts.

(a)  It is unlawful for a board of education or its designated representative to:

     (1)  Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part;

     (2)  Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603;

     (3)  Refuse or fail to negotiate in good faith or execute a written memorandum incorporating any agreements reached with representatives of a recognized professional employees' organization as provided in this part;

     (4)  Refuse to permit a professional employees' organization to have access at reasonable times to areas in which professional employees work, use institutional bulletin boards, mail boxes or other communication media or use institutional facilities at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part; provided, that, if a representative has been selected or designated pursuant to this part, a board of education may deny such access or usage to any professional employees' organization other than the representative until such time as a lawful challenge to the majority status of the representative is sustained pursuant to this part;

     (5)  Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment; provided, that the board of education or its designated representative may express any views, arguments or opinions on the subject of employer-employee relations; provided, that such expression contains no threat of reprimand, discharge or promise of benefits;

     (6)  Discharge or discriminate against an employee because the employee has filed an affidavit, petition or complaint or given any information or testimony under this part;

     (7)  Dominate, interfere or assist in the administration of any professional employee organization; or

     (8)  Refuse to in good faith mediate, arbitrate or participate in fact-finding efforts pursuant to this part.

(b)  It is unlawful for a recognized professional employees' organization or its representatives to:

     (1)  Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of a professional employees' organization to prescribe its own rules with respect to operation involving the acquisition or retention of membership;

     (2)  Refuse or fail to negotiate in good faith with a board of education or to execute a written contract incorporating any agreements reached;

     (3)  Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part;

     (4)  Refuse to good faith mediate, arbitrate or participate in fact-finding efforts pursuant to this part;

     (5)  Engage in a strike;

     (6)  Urge, coerce or encourage others to engage in unlawful acts as defined in this part; or

     (7)  Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school, except that agreement may be reached in any memorandum of agreement for grievance investigations and process by the recognized professional employees' organization.

(c)  (1)  A complaint of an unlawful act must be filed in the chancery court of the county where the professional employees' organization is seeking or has attained recognition.

     (2)  No complaint shall issue based upon any unlawful act occurring more than six (6) months prior to the filing of the complaint.

     (3)  The court is empowered to prevent any board of education or its agents, or organizations, associations, or their agents, from engaging in any unlawful act.

     (4)  If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take such affirmative action, including resumption of negotiations, reinstatement of employees with or without back pay or execution of a contract the terms of which have been agreed upon, as well as to effectuate the policies of this part. The order may further require the party to make reports from time to time showing the extent to which it has complied with the order.

     (5)  If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint.

[Acts 1978, ch. 570, § 9; 1983, ch. 183, § 1; T.C.A., § 49-5508.]