23‑138523-1385.  [Unfair labor practices; definition]{.underline}

A.  It is an unfair labor practice for an agricultural employer:

1.  To interfere with, restrain or coerce employees in the exercise of
the rights guaranteed in section 23‑1383 and articles 1 and 3 of this
chapter or to violate the protection of employees from the practices
described in article 4 of this chapter.

2.  To dominate or interfere with the formation or administration of any
labor organization or contribute financial or other support to it.  An
agricultural employer shall not be prohibited from permitting employees
to confer with him during working hours without loss of time or pay.

3.  To encourage or discourage membership in any labor organization by
discrimination in regard to hiring or tenure of employment or any term
or condition of employment.

4.  To discharge or otherwise discriminate against an agricultural
employee because he has filed charges or given testimony under this
article.

5.  To refuse to bargain collectively with the representatives of his
employees, subject to section 23‑1389.  Nothing in this article shall be
construed as requiring an agricultural employer to bargain collectively
until a representative of his agricultural employees has been determined
by means of a valid secret ballot election.

6.  To discharge or otherwise discriminate against any person because he
has filed charges or given testimony before the board or a court.

7.  To threaten to have discharged any agricultural employee, or
threaten to have wages of any agricultural employees reduced, solely
because of any labor activity.

B.  It is an unfair labor practice for a labor organization or its
agents to:

1.  Impose any economic sanction, to restrain or coerce agricultural
employees in the exercise of their rights or to coerce or intimidate any
employee in the enjoyment of his legal rights provided by this article,
or to intimidate his family, picket his domicile or injure the person or
property of any employee or his family.  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.

2.  Threaten or impose any economic sanction or reprisal against any
person who is not a member of the labor organization in the exercise of
rights under this article, including but not limited to the right to
refrain from any or all concerted activity, or against any person, who
is not a member of the labor organization, who refrains from compliance
with a union rule, policy or practice that establishes or affects wages,
hours or working conditions at such person\'s place of employment.

3.  Restrain, coerce, or threaten or impose any fine or other economic
sanction against any person who invokes the processes of the board, or
the court, or against an agricultural employer or employee in the
selection of his representatives for the purposes of collective
bargaining or the adjustment of grievances.

4.  Refuse to bargain collectively with an agricultural employer,
provided it is the majority representative of his agricultural employees
as determined pursuant to section 23‑1389.

5.  Cause or attempt to cause an agricultural employer to:

(a)  Pay or deliver or agree to pay or deliver any money or other thing
of value for services that are not performed or that are not to be
performed.

(b)  Establish or alter the number of employees to be employed or the
assignment of the employees.

(c)  Assign work to the employees of a particular employer.

(d)  Discriminate in regard to hiring or tenure of employment or any
term or condition of employment to encourage or discourage membership in
any labor organization.  Nothing in this subdivision prohibits
agreements between labor organizations and agricultural employers that
regulate hiring and tenure of employment on the basis of seniority, and
the labor organization is not given power to determine seniority
unilaterally.

6.  Engage in a secondary boycott as defined in section 23‑1321.

7.  Induce or encourage or threaten, restrain or coerce any secondary
employer or any executive or management employee of any secondary
employer to make a management decision not to handle, transport,
process, pack, sell or distribute any agricultural commodity of an
agricultural employer with whom a labor dispute exists.

8.  Induce or encourage the ultimate consumer of any agricultural
product to refrain from purchasing, consuming or using such agricultural
product by the use of dishonest, untruthful and deceptive publicity.
Permissible inducement or encouragement within the meaning of this
section means truthful, honest and nondeceptive publicity that
identifies the agricultural product produced by an agricultural employer
with whom the labor organization has a primary dispute.  Permissible
inducement or encouragement does not include publicity directed against
any trademark, trade name or generic name that may include agricultural
products of another producer or user of such trademark, trade name or
generic name.

9.  Restrain, coerce or threaten an ultimate consumer to prevent him
from purchasing, consuming or using such agricultural product.

10.  Threaten or engage in arson, libel, slander, injury to person or
property or other violent conduct if the objective is to prevent the
preparing for market, transporting, handling, displaying for sale, or
selling of any agricultural product.

11.  Intimidate, restrain or coerce agricultural employers in the
exercise of the rights guaranteed by section 23‑1384.

12.  Picket or cause to be picketed, boycott or cause to be boycotted,
or threaten to boycott or picket, or cause to be boycotted or picketed,
any agricultural employer if the objective is to induce, encourage,
force or require an agricultural employer to recognize or bargain with a
labor organization as the representative of his agricultural employees,
or the agricultural employees of an agricultural employer to accept or
select such labor organization as their collective bargaining
representative unless such labor organization is currently certified as
the representative of such employees:

(a)  If the agricultural employer has lawfully recognized in accordance
with this article any other labor organization and a question concerning
representation may not appropriately be raised under section 23‑1389.

(b)  If within the preceding twelve months a valid election under
section 23‑1389 has been conducted.

(c)  If a petition has been filed under section 23‑1389.

13.  Call a strike unless a majority of the employees within the
bargaining unit has first approved the calling of such a strike by
secret ballot.

C.  The expressing of any views, argument or opinion or the making of
any statement, including expressions intended to influence the outcome
of an organizing campaign, a bargaining controversy, a strike, lockout
or other labor dispute, or the dissemination of such views whether in
written, printed, graphic, visual or auditory form, if such expression
contains no threat of reprisal or force or promise of benefit, does not
constitute or is not evidence of an unfair labor practice or does not
constitute grounds for, or evidence justifying, setting aside the
results of any election conducted under any of the provisions of this
article.  A statement of fact by either a labor organization or an
agricultural employer relating to existing or proposed operations of the
employer or to existing or proposed terms, tenure or conditions of
employment with the employer shall not be considered to constitute a
threat of reprisal or force or promise of benefit.  An employer shall
not be required to furnish or make available to a labor organization,
and no labor organization shall be required to furnish or make available
to an employer, materials, information, time or facilities to enable
such employer or labor organization, as the case may be, to communicate
with employees of the employer, members of the labor organization, its
supporters or its adherents.

D.  For the purposes of this section, \"bargain collectively\" means the
performance of the mutual obligation of the agricultural employer and
the representative of the agricultural employees to meet at reasonable
times and confer in good faith with respect to wages, hours, and other
terms and conditions of employment that directly affect the work of
employees, or the negotiation of an agreement, or to resolve any
question arising thereunder.  Bargain collectively includes the
furnishing of necessary and relevant information in connection with the
negotiation of an agreement or any issue arising under such agreement,
or requiring as a condition for entering into an agreement the execution
of a written contract incorporating any agreement reached if requested
by either party. The failure or refusal of either party to agree to a
proposal, to the making, changing or withdrawing of a lawful proposal or
to the making of a concession does not constitute, or is not evidence,
direct or indirect, of, a breach of this obligation.  The board in any
remedial order shall not direct either party to make any concession,
agree to any proposal or make any payment of money except to employees
who are reinstated with back pay as provided in section 23‑1390.  This
section does not require any agricultural employer to bargain
collectively with respect to any management rights.  \"Management
rights\", as used in this subsection, includes but is not limited to the
right to discontinue the entire farming operation or any part of the
operation, to contract out any part of the work of the operation not
covered by a labor contract, to sell or lease any of the real or
personal property involved in the operation or to determine the methods,
equipment and facilities to be used in producing agricultural products
or the agricultural products to be produced.

E.  If there is in effect a collective bargaining contract covering
agricultural employees, the duty to bargain collectively also means that
no party to the contract may terminate or modify the contract, unless
the party desiring such termination or modification:

1.  Serves a written notice on the other party to the contract of the
proposed termination or modification not less than sixty days prior to
the expiration date of the contract, or if such contract contains no
expiration date, sixty days prior to the time it is proposed to make
such termination or modification.

2.  Offers to meet and confer with the other party for the purpose of
negotiating a new contract or a contract containing the proposed
modifications.

3.  Continues the contract in full force and effect without resorting to
a strike or lockout for a period of sixty days after such notice is
given or until the expiration date of such contract, whichever occurs
later.

F.  The duties imposed on agricultural employers, agricultural employees
and labor organizations become inapplicable on an intervening
certification of the board, under which the labor organization or
individual that is a party to the contract has been superseded as or
ceased to be the representative of the employees subject to section
23‑1389, and the duties so imposed shall not be construed as requiring
either party to discuss or agree to any modification of the terms and
conditions contained in a contract for a fixed period, if such
modification is to become effective before such terms and conditions can
be reopened under the provisions of the contract.  Any agricultural
employee who engages in a strike within the sixty day period specified
in this subsection loses his status as an agricultural employee of the
agricultural employer engaged in the particular labor dispute for the
purposes of this section and sections 23‑1389 and 23‑1390, but such loss
of status for such employee terminates when he is reemployed by such
employer. 23‑1385