HB1217 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 13-1

Terms used in this section and sections to 5, inclusive, of this Act, mean: (1) "Affiliate," any membership organization affiliated with a labor organization; (2) "Employee," any individual employed by a public education employer; (3) "Labor organization," any person, employee representation committee, plan in which employees participate, or other organization, which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; (4) "Labor organization activities," an activity undertaken by, at the direction or on behalf of, or to advance the purposes of, a labor organization or affiliate to: (a) Support or oppose a candidate for federal, state, or local office; (b) Influence the passage or defeat of any federal or state legislation or regulation, local ordinance or resolution, or ballot question; (c) Promote or solicit membership or participation in, or financial support of, a labor organization or an affiliate; (d) Seek certification as an exclusive representative pursuant to chapter 3-18; (e) Participate in the administration, business, or internal governance of a labor organization or an affiliate; (f) Prepare, conduct, or attend a labor organization event, conference, convention, meeting, or training, unless the training is directly related to or required for the performance of an employee's job duties; (g) Distribute labor organization or affiliate communications; (h) Represent or speak on behalf of a labor organization or an affiliate in any setting, venue, or procedure in which the public education employer is not a participant; or (i) Any representational activity; (5) "Public education employer," a school district, as defined by § 13-5-1; a cooperative education service unit, established pursuant to § 13-5-31; the Board of Technical Education or any institution under its control; or the Board of Regents or any institution under its control; and (6) "Representational activities," an activity undertaken by, at the direction or on behalf of, or to advance the purposes of, a labor organization or affiliate to: (a) Prepare, file, or pursue a grievance; (b) Represent an employee in an investigatory interview, disciplinary proceeding, or appeal, up to and including termination, or other administrative or legal proceeding; (c) Engage in any form of labor negotiation or related mediation; (d) Administer a negotiated contract or agreement with a public education employer; or (e) Participate in a labor management committee. 18